Klatt v. Dignity Health

Filing 108

ORDER Granting 107 Motion for Preliminary Approval of Class Action Settlement. Final Fairness Hearing and Final Approval set for 8/25/2020 at 02:00 PM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 4/3/2020. (Copies have been distributed pursuant to the NEF - MR)

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Lawrence J. Semenza, III, Bar No. 7174
Christopher D. Kircher, Bar No. 11176
Jarrod L. Rickard, Bar No. 10203
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Megan Klatt, on behalf of herself
and all others similarly situated
Kirsten A. Milton, Bar No. 14401
Daniel Aquino, Bar No. 12682
JACKSON LEWIS P.C.
300 South Fourth Street, Suite 900
Las Vegas, Nevada 891015
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Dignity Health

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MEGAN E. KLATT, an individual, on
behalf of herself and all others similarly
situated,

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Plaintiff,
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Case No.: 2:17-cv-02425-RFB-BNW
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT

vs.
DIGNITY
HEALTH,
a
California
corporation; DOES 1-50, unknown
individuals; and ROE COMPANIES 1-50,
unknown business entities,
Defendants.
TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:

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The Application for Preliminary Approval of a Class Action Settlement came before this

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Court, the Honorable Richard F. Boulware II presiding, on March 11, 2020. This Court, having

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considered the papers submitted in support of the application of the parties, HEREBY ORDERS
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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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THE FOLLOWING:
1.

This Court grants preliminary approval of the settlement based upon the terms set

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forth in the Joint Stipulation of Settlement and Release between Plaintiff and

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Defendant (the “Settlement”) attached as Exhibit 1 to the Amended Joint Motion

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for Preliminary Approval of Class Action Settlement. The Settlement appears to

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be fair, adequate and reasonable to the Class.

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2.

The Settlement falls within the range of reasonableness and appears to be

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presumptively valid, subject only to any objections that may be raised at the final

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fairness hearing and final approval by this Court.

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3.

A final fairness hearing on the question of whether the proposed Settlement, the

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attorneys’ fees to Class Counsel, the awards to the Class Representative and four

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Class Members identified has having raised concerns, and payments to members

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of the Class are finally approved as fair, reasonable and adequate is scheduled in

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accordance with the schedule set forth below.

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4.

This Court approves, as to form and content: (i) the Notice of Pendency of Class

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Action and Proposed Settlement, and Hearing Date for Final Court Approval of

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Settlement (“Notices of Pendency of Class Action”), in substantially the form

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attached to the Stipulation of Settlement as Exhibit C; (ii) the Claim and Consent

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Form, in substantially the form attached thereto as Exhibit A; and (iii) the

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Exclusion Form, in substantially the form attached thereto as Exhibit D. This

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Court approves the procedure for Class Members to participate in, to opt out of

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and to object to, the Settlement as set forth in the Notices of Pendency of Class

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Action.

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5.

This Court directs the mailing of the Notices of Pendency of Class Action, Claim

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and Consent Form, and the Exclusion Form by first class mail to the Class

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Members in accordance with the Stipulation of Settlement and the schedule set

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forth below. This Court finds the dates selected for the mailing and distribution of

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the Notices of Pendency of Class Action, Claim and Consent Form, and the
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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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Exclusion Form, as set forth in the schedule, meet the requirements of due process

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and provide the best notice practicable under the circumstances and shall constitute

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due and sufficient notice to all persons entitled thereto.

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6.

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It is ordered that the Settlement Class (as defined in the Stipulation of Settlement)
is preliminarily certified for settlement purposes only.

7.

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This Court confirms Plaintiff Megan Klatt as Class Representative and Semenza
Kircher Rickard as Class Counsel.

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8.

This Court confirms Class Action Administrator, as CPT Group., Inc.

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9.

To facilitate administration of the settlement pending final approval, this Court

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hereby enjoins Plaintiff and all Class Members from filing or prosecuting any

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claims, suits or administrative proceedings (including filing claims with the

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Nevada Office of the Labor Commissioner and the U.S. Department of Labor)

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regarding claims released by the Settlement unless and until such Class Members

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have filed valid Requests for Exclusion with the Claims Administrator and the

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time for filing exclusions with the Claims Administrator has elapsed.

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10.

This Court orders the following schedule for further proceedings:

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a.

Deadline for the Parties to sign the April 17, 2020
Settlement Agreement

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b.

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c.
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d.

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e.

Deadline for Defendant to Submit
Class Member Information to
Claims Administrator
Deadline for Claims Administrator
to Mail the Notices of Pendency of
Class Action, Claim and Consent
Form, and Exclusion Form to Class
Members
Deadline for Class Members to
Postmark or submit Exclusion
Forms and Claim and Consent
Forms electronically through the
website
www.klattdignityhealth.com
Deadline for Receipt by Court and
Counsel of any Objections to

May 4, 2020

May 15, 2020

August 7, 2020

August 7, 2020

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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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f.

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g.

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before

Final

August 10, 2020
[15 calendar days
Approval Hearing]

before

Final

Final Fairness Hearing and Final August 25, 2020 at 2:00 PM in lV
Approval
Courtroom 7C.

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Deadline for Defendant to deposit
the Net Settlement Amount into an
escrow account set up by the
Claims Administrator
Deadline for Claims Administrator
to mail the Settlement Awards and
the Enhancement Awards, and to
wire transfer the Attorneys’ Fees
and Costs (if Settlement is
Effective)

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August 10, 2020
[15 calendar days
Approval Hearing]

h.

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Settlement
Deadline for Class Counsel to file
Motion for Final Approval of
Settlement, Attorneys’ Fees, Costs,
and Enhancement Award
Deadline for Class Counsel to File
Declaration
from
Claims
Administrator of Due Diligence
and Proof of Mailing

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September 4, 2020
[10 days after the Final Fairness and
Final Approval hearing]
[30 calendar days after Effective
Date]

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IT IS SO ORDERED.

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April 3, 2020
Dated: ________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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4828-1123-8181, v. 1

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[Proposed] Order Granting Preliminary Approval of Class Action Settlement