Clark et al v. Bank of America Corporation

Filing 120

ORDER granting #119 Stipulation to Continue Hearing. The Court hereby continues the hearing on Plaintiffs' #115 Unopposed Motion for Approval of FLSA Collective Settlement to October 14, 2020, at 12:00 p.m., via Zoom Videoconference. The parties shall have until October 7, 2020, to file their supplemental briefing. Signed by Judge Gloria M. Navarro on 9/24/2020. (Copies have been distributed pursuant to the NEF - HAM)

1 Don Springmeyer
Nevada Bar No. 1021
2 Bradley S. Schrager
Nevada Bar No 10217
3 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
3556 E. Russell Road, Second Floor
4 Las Vegas, Nevada 89120
Telephone: [phone]
5 Facsimile: 702-341-5300
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiffs MAUREEN CLARK and
SONYA ALEXANDER
8
(Additional counsel listed in signature page)
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

12 MAUREEN CLARK and SONYA
ALEXANDER, individually, and on behalf of
13 all others similarly situated,
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CASE NO. 2:16-cv-02228-GMN-VCF
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING AND
SUPPLEMENTAL BRIEFING ON
PLAINTIFFS’ UNOPPOSED MOTION
FOR APPROVAL OF FLSA
COLLECTIVE SETTLEMENT, NAMED
PLAINTIFF SERVICE PAYMENTS,
AND ATTORNEY’S FEES AND COSTS

Plaintiff,
vs.

16 BANK OF AMERICA, N.A.,
17

Defendant.

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SUPPLEMENTAL BRIEFING ON
PLAINTIFFS’ UNOPPOSED MOTION FOR APPROVAL OF FLSA COLLECTIVE SETTLEMENT

Case 2:16-cv-02228-GMN-VCF Document 119 Filed 09/23/20 Page 2 of 4

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This Stipulation is entered into with regard to the following facts:

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On April 15, 2020, Plaintiffs Maureen Clark and Sonya Alexander (“Plaintiffs”) filed an

3 Unopposed Motion for Approval of FLSA Collective Settlement, Named Plaintiff Service
4 Payments, and Attorney’s Fees and Costs (“Motion”)[ECF No. 115].
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On August 31, 2020, the Court issued an Order denying Plaintiffs’ Motion in part and

6 otherwise deferring ruling on the Motion [ECF No. 118]. The Order set a hearing for September
7 30, 2020 “to explain to the Court why the settlement should be approved and the case dismissed”
8 and specified that, by September 23, 2020, the parties should “file supplemental briefing to aid in
9 the Court’s decision as to the issues identified herein.”
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Since issuance of the Court’s August 31, 2020 Order, counsel for the parties have been

11 diligently conferring to address the portions of the Court’s Order which raised concerns with
12 certain provisions of the parties’ settlement agreement, in particular the portions providing for
13 notice of the settlement to Collective Members as part of a one-step settlement approval process
14 pursuant to the Fair Labor Standards Act and the definition in para. 1.2 of “Released Claims.”
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Counsel for the parties are still in the process of conferring about addressing the above-

16 specified issues with the Court and believe they need an additional two weeks to either finalize a
17 joint submission that assuages the Court’s concerns, if possible, and, if not, to submit their
18 separate supplemental briefing as ordered by the Court.
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STIPULATION
Based on the above facts, Plaintiffs and Defendant, through their respective counsel of

21 record, hereby stipulate and request that the Court continue the September 30, 2020 hearing
22 regarding settlement approval and the deadline to submit their supplemental briefing by two
23 weeks, or such later date that is convenient to the Court, to afford counsel for the parties
24 sufficient additional time to confer about addressing the portions of the Court’s Order which set
25 forth concerns with the parties’ settlement agreement, as specified above.
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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SUPPLEMENTAL BRIEFING ON
PLAINTIFFS’ UNOPPOSED MOTION FOR APPROVAL OF FLSA COLLECTIVE SETTLEMENT

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DATED: September 23, 2020.

2 WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
3
By:
/s/ Don Springmeyer
4 Don Springmeyer - NSB 1021
Bradley S. Schrager - NSB 10217
5 3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
6 Telephone: [phone]/Fax: [phone]
7 Kevin J. Stoops (admitted pro hac vice)
(Michigan SBN # P64371)
8 SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
9 Southfield, Michigan 48076
Telephone: [phone]
10 Facsimile: 248.936.2143
[e-mail]
11
Jason T. Brown (admitted pro hac vice)
12 (New Jersey SBN# 035921996)
Nicholas Conlon (admitted pro hac vice)
13 (New Jersey SBN# 034052013)
BROWN, LLC
14 111 Town Square Place, Suite 400
Jersey City, New Jersey 07310
15 Telephone: [phone]
[e-mail]
16 [e-mail]

MCGUIREWOODS LLP
By:/s/ Matthew C. Kane
Matthew C. Kane (admitted pro hac vice)
(California SBN #171829)
Remy Kessler (admitted pro hac vice)
(California SBN #123165)
1800 Century Park East, 8th Floor
Los Angeles, California 90067-1501
Telephone: [phone]
Facsimile: 310.315.8210
Sheri M. Thome
Nevada Bar No. 8657
Chad C. Butterfield
Nevada Bar No. 10532
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
300 South 4th Street, 11th Floor,
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702.727.1401
Attorneys for Defendant
BANK OF AMERICA, N.A.

17 Attorneys for Plaintiffs MAUREEN CLARK
and SONYA ALEXANDER
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ORDER
Based on the above Stipulation, and for good cause shown, the Court hereby continues

21 the hearing on Plaintiffs’ Unopposed Motion for Approval of FLSA Collective Settlement,
22 Named Plaintiff Service Payments, and Attorney’s Fees and Costs to October 14, 2020, at
23 12:00 p.m., via Zoom Videoconference. The parties shall have until October 7, 2020, to file
24 their supplemental briefing.
25 IT IS SO ORDERED.

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26 Dated this ______ day of September 2020.
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______________________________
Gloria M. Navarro, District Judge
United States District Court
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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SUPPLEMENTAL BRIEFING ON
PLAINTIFFS’ UNOPPOSED MOTION FOR APPROVAL OF FLSA COLLECTIVE SETTLEMENT

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CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of September, 2020, a true and correct copy

3 of STIPULATION

AND

4 SUPPLEMENTAL

BRIEFING

[PROPOSED]
ON

ORDER

PLAINTIFFS’

CONTINUING
UNOPPOSED

HEARING

AND

MOTION

FOR

5 APPROVAL OF FLSA COLLECTIVE SETTLEMENT, NAMED PLAINTIFF SERVICE
6 PAYMENTS, AND ATTORNEY’S FEES AND COSTS was served via the United States
7 District Court CM/ECF system on all parties or persons requiring notice.
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/s/ Matthew C. Kane
MATTHEW C. KANE

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SUPPLEMENTAL BRIEFING ON
PLAINTIFFS’ UNOPPOSED MOTION FOR APPROVAL OF FLSA COLLECTIVE SETTLEMENT