Porteous v. Capital One Services, LLC

Filing 65

ORDER Granting 64 Motion for Preliminary Approval of Class Action Settlement. Final Fairness Hearing set for 6/30/2021 at 10:30 AM in LV Courtroom 6A . Signed by Judge James C. Mahan on 4/23/2021. (Copies have been distributed pursuant to the NEF - JQC) (Main Document 65 replaced on 4/23/2021) (JQC). Modified on 4/23/2021 (JQC).

Case 2:17-cv-02866-JCM-DJA Document 64-2 Filed 01/20/21 Page 1 of 4

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THIERMAN BUCK, LLP
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]
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]

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Attorneys for Plaintiffs

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

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OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.
Anthony L. Martin, Nev. Bar No. 8177
[e-mail]
Suzanne L. Martin, Nev. Bar No. 8833
[e-mail]
3800 Howard Hughes Parkway, Suite 1500
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant
Services, II, LLC

Capital

One

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NATASHA PORTEOUS, on behalf of herself
and all others similarly situated,

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Plaintiff,

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ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

vs.
CAPITAL ONE SERVICES II, LLC; and
DOES 1 through 50, inclusive,
Defendant(s).

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Case No.: 2:17-CV-02866-JCM-GWF

TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
The Application for Preliminary Approval of a Class Action Settlement came before
this Court, the Honorable James C. Mahan presiding, on April 23, 2021.

This Court,

having considered the papers submitted in support of the application of the parties, HEREBY
ORDERS THE FOLLOWING:
1.

This Court grants preliminary approval of the Settlement and the Settlement
Class based upon the terms set forth in the Joint Stipulation of Settlement and
Release between Plaintiff and Defendant (“Stipulation of Settlement”) filed
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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Case 2:17-cv-02866-JCM-DJA Document 64-2 Filed 01/20/21 Page 2 of 4

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herewith. The Settlement appears to be fair, adequate and reasonable to the

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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.

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attorneys’ fees to Class Counsel, and the Class Representative Enhancement

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

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Award should be finally approved as fair, reasonable and adequate as to the

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members of the Class is scheduled in accordance with the Implementation

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Schedule set forth below.
4.

This Court approves, as to form and content, the Notice of Pendency of Class
Action and Request for Exclusion Form (“Notice of Pendency of Class Action”)

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in substantially the form attached to the Stipulation of Settlement. This Court

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

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object to, the Settlement as set forth in the Notice of Pendency of Class Action.

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

5.

This Court directs the mailing of the Notice of Pendency of Class Action by first

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class mail to the Class Members in accordance with the Implementation

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Schedule set forth below. This Court finds the dates selected for the mailing and

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distribution of the Notice, as set forth in the Implementation Schedule, meet the

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requirements of due process and provide the best notice practicable under the

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circumstances and shall constitute due and sufficient notice to all persons entitled

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thereto.

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6.

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purposes only.
7.

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It is ordered that the Settlement Class is preliminarily certified for settlement

This Court confirms Plaintiff Natasha Porteous as Class Representative and
Thierman Buck, LLP as Class Counsel.

8.

This Court confirms Simpluris as the Claims Administrator.
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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Case 2:17-cv-02866-JCM-DJA Document 64-2 Filed 01/20/21 Page 3 of 4

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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) regarding claims released by the

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Settlement unless and until such Class Members have filed valid Requests for

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Exclusion with the Claims Administrator and the time for filing claims with the

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

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Claims Administrator has elapsed.
10.

This Court orders the following Implementation Schedule for further

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proceedings:

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a.

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b.

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c.

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d.

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e.

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f.

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g.
h.

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i.

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j.

Deadline for Defendant to Submit
Class Member Information to
Claims Administrator
Deadline for Claims Administrator
to Mail the Notice to Class
Members
Deadline for Class Members to
Postmark Requests for Exclusions
Deadline for Receipt by Court and
Counsel of any Objections to
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
Final Fairness Hearing
Deadline for Defendant to Fund
Settlement Account maintained by
Claims Administrator
Deadline for Claims Administrator
to wire transfer the Attorneys’ Fees
and Costs to Class Counsel (if
Settlement is Effective)
Deadline for Claims Administrator
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May 7, 2021
[14 calendar days after Order granting
Preliminary Approval]
May 17, 2021
[10 calendar days after receipt of
Class information from Defendant]
June 16, 2021
[30 calendar days after initial mailing
of the Notice to Class Members]
June 16, 2021
[30 calendar days after initial mailing
of the Notice to Class Members]
June 23, 2021
[7 calendar days before Final
Approval Hearing]
June 23, 2021
[7 calendar days before
Approval Hearing]

Final

June 30, 2021 at 10:30am
July 21, 2021
[21 calendar days after Effective
Date]
July 26, 2021
[5 calendar days after Defendant
Funds Settlement Account]
July 31, 2021

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Case 2:17-cv-02866-JCM-DJA Document 64-2 Filed 01/20/21 Page 4 of 4

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k.

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to mail the Settlement Awards to
Class
Members
and
the
Enhancement Awards to Class
Representatives (if Settlement is
Effective)
Claims Administrator to File Proof
of Payment of Settlement Awards,
Enhancement Award, Attorneys’
Fees and Costs (if Settlement is
Effective)
Deadline checks paid to Claimants
shall remain valid and negotiable

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

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m.

Deadline
for
Settlement
Administrator to pay uncashed
funds to the cy pres beneficiary

[10 days after Defendant Funds
Settlement Account]

September 28, 2021
[90 calendar days after Effective
Date]
October 29, 2021
[90 calendar days from the date of
issuance]
January 1, 2022

IT IS SO ORDERED.
April 23, 2021
Dated: ________________
Honorable James C. Mahan
District Court Judge

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45484488.1

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT