Beard v. Caesars Entertainment Corp. et al

Filing 49

ORDER granting 45 Motion for Final Approval of Class Action Settlement. Signed by Judge Jennifer A. Dorsey on 9/8/2017. (Copies have been distributed pursuant to the NEF - DC)

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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Mark R. Thierman, Nev. Bar No. 8285
[e-mail]
Joshua D. Buck, Nev. Bar No. 12187
[e-mail]
Leah L. Jones, Nev. Bar No. 13161
[e-mail]
THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiffs Jason Beard,
on behalf of himself and all others
similarly situated

Elayna J. Youchah, Nev. Bar No. 5837
[e-mail]
JACKSON LEWIS P.C.
3800 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169
Tel. [phone]
Fax. [phone]

James A. McKenna (admitted pro hac vice)
[e-mail]
Jason A. Selvey (admitted pro hac vice)
[e-mail]
JACKSON LEWIS P.C.
150 North Michigan Avenue, Suite 2500
Chicago, Illinois 60601
Tel. [phone]
Fax: [phone]

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Attorneys for Defendants Caesars
Entertainment Corp. and Caesars Enterprise
Services, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JASON BEARD, on behalf of himself and all
others similarly situated,

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Plaintiffs,
vs.

Case No.: 2:16-cv-00833-JAD-NJK

ORDER GRANTING FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT

CAESARS ENTERTAINMENT CORP.,
CAESARS ENTERPRISE SERVICES, LLC,
and DOES 1-50,
Defendants.
-1ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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On September 8, 2017, this Court considered the Joint Motion for Final Approval of Class

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Action Settlement. Counsel for Plaintiff and Defendant appeared at the hearing. Having fully

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considered the motion, comments of counsel, and all supporting legal authorities, the Court orders

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as follows:

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IT IS HEREBY ORDERED THAT:

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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1.

This Court has jurisdiction over the subject matter of this litigation and personal

jurisdiction over the named-plaintiff, all settlement class members, and defendants.
2.

The Court adopts the defined terms in the Settlement Agreement.

3.

Distribution of the Notice, Claim Form and the Exclusion Form directed to the

Class Members as set forth in the Stipulation of Settlement and the other matters set forth therein
have been completed in conformity with the Preliminary Approval Order, including individual
notice to all Class Members who could be identified through reasonable effort, and as otherwise
set forth in the Stipulation of Settlement. The Notice provided due and adequate notice of the
proceedings and of the matters set forth therein, including the proposed Settlement set forth in the
Stipulation of Settlement, to all persons entitled to such a Notice, and the Notice fully satisfied the
requirements of due process. All Class Members and all Released Claims are covered by and
included within the Settlement and the Court’s Final Order and Judgment.

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4.

The Court confirms the appointment of Jason Beard as class representative. The

Court approves the enhancement payment of $10,000 to Mr. Beard, as set forth in the Settlement
Agreement.
5.

The Court confirms the appointment of Thierman Buck LLP as class counsel for

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the settlement class and approves their requests for attorneys’ fees and litigation costs of $59,000

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and $2,000, respectively.

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6.

The Court grants final approval to this settlement and finds that the settlement is

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fair, reasonable, and adequate in all respects, including the attorneys’ fees, costs, and incentive

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award provisions. The Court specifically finds that the settlement confers a substantial benefit to

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settlement class members, considering the strength of plaintiff’s claims and the risk, expense,
-2ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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complexity, and duration of further litigation. The response of the class supports settlement

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approval. No class members objected to the settlement and only two requested exclusion from

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the settlement. The Court further finds that the settlement is the result of arms-length negotiations

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between experienced counsel representing the interests of both sides, which supports approval of

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the settlement in accordance with the standards set forth in the joint motion for final approval of

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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settlement.

Settlement negotiations were not commenced until both sides had thoroughly

investigated and researched the claims and defenses herein.
8.

The Court finds that as of the date of this Order each and every class member has

waived and shall be deemed to have fully, finally, and forever released, relinquished, and
discharged all Released Claims (including unknown claims), as set forth in the Settlement
Agreement and Notice of Class Action Settlement.
9.

The Court finds that the settlement administrator Simpluris is entitled to $6,199

for administrative fees.
10.

The Court directs the parties to effectuate the settlement terms as set forth in the

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Settlement Agreement and the settlement administrator to calculate and pay the claims of the class

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members in accordance with the terms set forth in the Settlement Agreement.

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11.

The Complaint is dismissed on the merits and with prejudice.

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12.

The Court retains jurisdiction to enforce the terms of the settlement, including the

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payment of the settlement fund.

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IT IS SO ORDERED.
Dated: 9/8/2017
________________
Honorable Jennifer A. Dorsey
District Court Judge

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-3ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT