Ohlinger v. Marsh USA, Inc.

Filing 44

ORDER granting 35 Joint Motion to Approve Settlement. This action is DISMISSED with prejudice. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 10/5/2017. (Copies have been distributed pursuant to the NEF - DC)

Case 2:16-cv-02588-JAD-CWH Document 43 Filed 09/26/17 Page 1 of 4

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GABROY LAW OFFICES
Christian Gabroy (#8805)
The District at Green Valley Ranch
170 South Green Valley Parkway, Suite 280
Henderson, Nevada 89012
Tel
[phone]
Fax [phone]
[e-mail]

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Terrence Buehler (Pro Hac Vice)
Law Office of Terrence Buehler
The Oak Brook Terrace Atrium
17W220 22d Street, Suite 410
Oak Brook Terrace, IL 60181
[phone]

Peter Lubin (Pro Hac Vice)
Vincent DiTommaso (Pro Hac Vice)
DiTommaso-Lubin P.C.
The Oak Brook Terrace Atrium
17W220 22d Street, Suite 410
Oak Brook Terrace, IL 60181
[phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
170 S. Green Valley Pkwy., Suite 280
Henderson, Nevada 89012
[phone] FAX: [phone]

GABROY LAW OFFICES

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THE DISTRICT OF NEVADA
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BONNIE OHLINGER, AN INDIVIDUAL,
ON BEHALF OF HERSELF AND ALL
PERSONS SIMILARLY SITUATED;

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Case No.: 2:16-cv-02588-JAD-CWH
[PROPOSED] ORDER OF
APPROVAL OF SETTLEMENT AND
ORDER OF DISMISSAL

Plaintiffs,
vs.

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MARSH USA, INC., A CORPORATION,
EMPLOYEE(S)/AGENT(S) DOES I-X;
AND ROE CORPORATION(S) XI-XX,
INCLUSIVE,

ECF Nos. 35, 43

Defendants.

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[PROPOSED] ORDER OF APPROVAL OF
SETTLEMENT AND ORDER OF DISMISSAL
THIS CAUSE came before the Court on Defendant Marsh USA Inc. (“Defendant”)
and Plaintiffs Bonnie Ohlinger and Jennifer Silva’s (collectively, the “Parties”) Joint Motion
to Approve Settlement of FLSA Action. Having reviewed the record to date, the terms and
conditions of the settlement, and having considered the statements of counsel for the
Parties; and based on the findings and conclusions placed on the record,

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Case 2:16-cv-02588-JAD-CWH Document 43 Filed 09/26/17 Page 2 of 4

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THE COURT FINDS THAT:

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A.

The Parties have had a bona fide dispute as to whether Defendant properly

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classified Plaintiffs as exempt employees under the administrative exemption, and whether

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wages were due;

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B.

The Parties’ settlement, and the amount of the settlement, is fair, reasonable

and adequate; and

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C.

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in similar cases.

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For these reasons and those stated IS ORDERED THAT:
Based on the foregoing findings, IT on the record, IT IS HEREBY ORDERED THAT:

The settlement amount is within the range of reasonable settlement amounts

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The Clerk of the Court shall enter the dismissal its own fees in its entirety
2. This action is DISMISSED with prejudice, each side to bearof this action and costs.,

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170 S. Green Valley Pkwy., Suite 280
Henderson, Nevada 89012
[phone] FAX: [phone]

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The Parties’ Joint Settlement [ECF Settlement of FLSA Action is granted;
1. The Joint Motion to ApproveMotion to ApproveNo. 35] is GRANTED;

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GABROY LAW OFFICES

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except Clerk ofEach of settlement agreement. The Clerk of court is directed to CLOSE
3. prejudice. in the the Parties CLOSE her/its own
withTheas statedCourt is directed toshall bearTHIS CASE.attorneys’ fees and costs, except

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THIS CASE.
insofar as an express portion of the Settlement Sum is allocated to Plaintiffs’ attorneys’
_____________________________
fees and costs by the Settlement Agreement.
U.S. District Judge Jennifer Dorsey
10/5/17
IT IS SO ORDERED.

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ENTERED this

day of _____________________, 2017.

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.
The Honorable Jennifer A. Dorsey

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Dated this 26th day of September 2017.

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Respectfully submitted,
GABROY LAW OFFICES
By_/s/ Christian Gabroy___________
Christian Gabroy
Kaine Messer
The District at Green Valley Ranch
170 South Green Valley Parkway
Suite 280
Henderson, Nevada 89012
Tel
[phone]
Fax [phone]
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