Howard v. Southwest Gas Corporation

Filing 23

ORDER. IT IS ORDERED that 18 , 22 the Joint Motion for Preliminary Approval is GRANTED. IT IS FURTHER ORDERED that a final fairness hearing be held on 6/10/2019 at 03:00 PM in LV Courtroom 6D. Signed by Judge Jennifer A. Dorsey on 3/11/2019. (Copies have been distributed pursuant to the NEF - MR)

Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed 02/21/19 Page 2 of 4

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EBONY HOWARD, individually, and on
behalf of all others similarly situated,
Plaintiff,

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vs.

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SOUTHWEST GAS CORPORATION,

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Case No.: 2:18-cv-01035-JAD-VCF
ORDER GRANTING
JOINT MOTION FOR PRELIMINARY
APPROVAL OF CLASS AND
COLLECTIVE ACTION SETTLEMENT

Defendant.

ECF Nos. 18, 22

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[PROPOSED] ORDER OF PRELIMINARY APPROVAL
Upon consideration of the Joint Motion for Preliminary Approval of the class-wide
settlement and its supporting memorandum, exhibits, and affidavit, ECF Nos. 18, 22, and
and

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It appearing that the proposed settlement is fair and reasonable, and

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It further appearing that Notice of the Proposed Settlement and an opportunity to object

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will be sent to all class members,

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ITis therefore this ORDERED that the Joint Motion for Preliminary Approval
2019:
It IS THEREFORE day of

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[ECF Nos. 18, 22] is GRANTED; IT IS FURTHER
ORDERED that the Parties’ class-wide settlement is preliminarily fair and reasonable;

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ORDERED that for purposes of settlement a Settlement Class is certified consisting of the
following classes:
For purposes of the FLSA settlement, the “Settlement Class” consists of all
current or former hourly-paid dispatchers who work or worked for
Defendant at any time between June 22, 2015 and October 1, 2018. The
individuals have been identified in the settlement shares spreadsheet
provided by Defendant to Class Counsel.
For purposes of the Rule 23 Nevada settlement, the “Settlement Class”
consists of all current or former hourly-paid dispatchers who work or
worked for Defendant in the state of Nevada at any time between June 7,
2016 and October 1, 2018. These individuals have been identified in the
settlement shares spreadsheet provided by Defendant to Class Counsel.
ORDERED that Jason T. Brown and Nicholas Conlon of Brown, LLC are appointed Class

Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed 02/21/19 Page 3 of 4

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Counsel for the Settlement Class;

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ORDERED that:

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

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ascribed to them in the Parties’ Settlement Agreement;
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if preliminarily or finally determined to be fair;

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

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Out Forms) to all class members;


proposed by the Parties and filed with the Court;

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Class members shall lodge objections/opt-outs or submit claims as set forth in the
Notice of Proposed Settlement (including Consent to Join Form), which were jointly

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Within ten (10) days of this Order, the Claims Administrator shall send by first-class
mail and email the Notice of Proposed Settlement (including Consent to Join and Opt

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JND Legal Administration will serve as “Claims Administrator” in providing notice,
objection, claim process and administration services under the Settlement Agreement,

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All capitalized terms not otherwise defined in this Order shall have the same meaning

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The Claims Administrator shall promptly send all completed Consent to Join Forms to
Plaintiff’s Counsel, who shall file such forms with the Court pursuant to 29 U.S.C. §
216(b).

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ORDERED that the form and content of the Notice of Proposed Settlement set forth in the
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Joint Motion for Preliminary Approval is adequate, proper, comports with Due Process and are
hereby approved;
ORDERED that a final fairness hearing be held on

6/10/19 at 3 p.m.
6/10/19

at

the

U.S.

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District Court for the District of Nevada, Lloyd D. George Federal Courthouse, 333 Las Vegas

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Blvd. South, Las Vegas, NV 89101., Courtroom 6D.

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ORDERED that counsel for the Parties shall file motion papers for final approval of all

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terms of the Settlement Agreement no later than fourteen (14) days before the final fairness
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Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed 02/21/19 Page 4 of 4

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hearing ; and it is
(

); and it is

ORDERED that the Howard action is stayed pending the Court’s ruling on the settlement
at the final approval hearing.
Counsel for the Parties are hereby authorized to jointly use all reasonable procedures in

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connection with approval and administration of the settlement that are not materially inconsistent
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with this Order or the Settlement Agreement, including making, without further approval of the

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Court, minor changes to the form or content of the Notice, and other exhibits that they jointly

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agree are reasonable or necessary.
_________________________________
U.S. District Judge Jennifer A. Dorsey
Honorable Jennifer A. Dorsey
Dated: March 7, 2019
United States District Judge

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4850-8518-1572, v. 1

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