Little v. Wynn Las Vegas, LLC

Filing 59

ORDER Granting 58 Proposed Order and Final Judgment of Dismissal. Signed by Judge Andrew P. Gordon on 9/23/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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1 2 3 4 5 6 7 THIERMAN BUCK, LLP 325 West Liberty Street Reno, NV 89501 (775) 284-1500 Fax (775) 703-5027 Email: info@thiermanbuck.com; www.thiermanbuck.com 8 9 10 11 12 13 14 15 16 Christian Gabroy, Nev. Bar No. 8805 Kaine Messer, Nev. Bar No. 14240 GABROY | MESSER The District at Green Valley Ranch 170 S. Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Tel: (702) 259-7777 Fax: (702) 259-7704 christian@gabroy.com kmesser@gabroy.com ARMSTRONG TEASDALE LLP Brandon P. Johansson, Nev. Bar No. 12003 7160 Rafael Rivera Way, Suite 320 Las Vegas, NV 89113 Telephone: (702) 678-5070 Fax: (702) 878-9995 bjohansson@atllp.com Attorney for Defendant Wynn Las Vegas, LLC Mark R. Thierman. Nev. Bar No. 8285 Joshua D. Buck. Nev. Bar No. 12187 Leah L. Jones, Nev. Bar No. 13161 THIERMAN BUCK LLP 325 W. Liberty Street Reno, Nevada 89501 Tel: (775) 284-1500 Fax: (775) 703-5027 mark@thiermanbuck.com josh@thiermanbuck.com leah@thiermanbuck.com Attorneys for Plaintiffs and all those similarly situated 17 18 UNITED STATES DISTRICT COURT 19 DISTRICT OF NEVADA 20 21 SHEILA LITTLE, individually and on behalf of all others similarly situated, Plaintiff, 22 23 24 25 Case No.: 2:23-cv-01150-APG-MDC ORDER AND FINAL JUDGMENT OF DISMISSAL vs. WYNN LAS VEGAS, LLC, Defendant. 26 27 28 -1[PROPOSED] ORDER AND FINAL JUDGMENT OF DISMISSAL 1 Pursuant to this Court’s prior Order granting approval of the Stipulation of Settlement 2 entered into by and between Plaintiff and Defendant (ECF No. 55), this Court HEREBY 3 ORDERS THE FOLLOWING: 4 THIERMAN BUCK, LLP 325 West Liberty Street Reno, NV 89501 (775) 284-1500 Fax (775) 703-5027 Email: info@thiermanbuck.com; www.thiermanbuck.com 5 1. This Court has jurisdiction over the subject matter of this litigation and personal jurisdiction over the named-plaintiff, all members of the FLSA action, and Defendant. 6 2. The Court adopts the defined terms in the Settlement Agreement. 7 3. Distribution of the Notice and the Settlement Offer and Release Form as set forth 8 in the Settlement, and the other matters set forth therein, have been completed in conformity with 9 the Order Approving Stipulation of Settlement (ECF No. 55). 10 4. As set forth in Exhibit A to this Order, sixty-one (61) individuals have accepted 11 the Settlement (“Accepting Plaintiffs”). The Court finds that as of the date of this Order, each 12 and every Accepting Plaintiff has waived and shall be deemed to have fully, finally, and forever 13 released, relinquished, and discharged all Released Claims, as set forth in the Settlement 14 Agreement. Payment to all Accepting Plaintiffs shall be completed in accordance with the terms 15 of the Settlement Agreement. 16 5. Zero (0) individuals have rejected the Settlement (“Rejecting Plaintiff”). 17 Rejecting Plaintiffs retain all their legal rights and remedies, as set forth in the Settlement 18 Agreement. The FLSA claims of any Rejecting Plaintiff shall be tolled, from the date the 19 Rejecting Plaintiff’s Notice of Consent form was filed in the relevant Action through up to 30 20 days after the Settlement Effective Date or the date the Rejecting Plaintiff files an individual 21 action, whichever is sooner. 22 6. As set forth in Exhibit A to this Order, five (5) individuals have not responded to 23 the Notice and Settlement Offer and Release Form. Pursuant to the Settlement Agreement, these 24 individuals shall be treated as “Rejecting Plaintiffs” so that they retain all their legal rights and 25 remedies, as set forth in the Settlement Agreement. These Plaintiffs, however, have up to 365 26 days after the date of this Order to claim their allotted portion of the Settlement by signing and 27 submitting the Settlement Offer and Release Form to Defendant’s counsel. 28 7. The Court grants approval to this Settlement and finds it to be a reasonable -2[PROPOSED] ORDER AND FINAL JUDGMENT OF DISMISSAL 1 resolution of a bona fide dispute of wages pursuant to the FLSA. The Settlement is reasonable 2 in all respects, including the services awards to Sheila Little, Elena Espino, and Alejandro 3 Benitez, for the work that they performed on behalf of others, the attorneys’ fees and costs of 4 Plaintiffs’ counsel, and the fees of the Settlement Administrator Phoenix. The Court specifically 5 finds that the settlement confers a substantial benefit to all individuals similarly situated to 6 7 THIERMAN BUCK, LLP 325 West Liberty Street Reno, NV 89501 (775) 284-1500 Fax (775) 703-5027 Email: info@thiermanbuck.com; www.thiermanbuck.com 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiffs, considering the strength of Plaintiffs’ claims and the risk, expense, complexity, and duration of further litigation. The Court finds that the settlement is the result of arms-length negotiations between experienced counsel representing the interests of both sides and with the assistance of the honorable former federal Magistrate Judge Carl W. Hoffman. 8. Service awards for Lead Plaintiff Sheila Little, Elena Espino, and Alejandro Benitez, in the amount of $10,000 for each (and $30,000 total) are reasonable and hereby approved. 9. Plaintiffs’ attorneys’ fees in the amount of $200,000 and costs in the amount of $10,000 are reasonable and hereby approved. 10. Fees of the Settlement Administrator, Phoenix Class Action Administration Solutions, in the amount of $5,000 are reasonable and hereby approved. 12. Without affecting the finality of this action, the Court will retain exclusive and continuing jurisdiction to enforce the Settlement Agreement. 20 21 IT IS SO ORDERED. 22 23 24 25 September 23, 2024 Dated: _______________ Honorable Andrew Gordon District Court Judge 26 27 28 -3[PROPOSED] ORDER AND FINAL JUDGMENT OF DISMISSAL EXHIBIT A Accepting Plaintiffs EXHIBIT A PSA ID LTLWNLV101 LTLWNLV102 LTLWNLV103 LTLWNLV104 LTLWNLV105 LTLWNLV106 LTLWNLV107 LTLWNLV108 LTLWNLV109 LTLWNLV110 LTLWNLV111 LTLWNLV112 LTLWNLV113 LTLWNLV114 LTLWNLV115 LTLWNLV116 LTLWNLV117 LTLWNLV118 LTLWNLV119 LTLWNLV120 LTLWNLV121 LTLWNLV122 LTLWNLV123 LTLWNLV124 LTLWNLV125 LTLWNLV126 LTLWNLV127 LTLWNLV128 LTLWNLV129 LTLWNLV130 LTLWNLV132 LTLWNLV133 LTLWNLV134 LTLWNLV136 LTLWNLV137 LTLWNLV138 LTLWNLV139 LTLWNLV140 LTLWNLV141 LTLWNLV142 LTLWNLV143 LTLWNLV144 LTLWNLV145 LTLWNLV146 LTLWNLV147 LTLWNLV148 LTLWNLV149 LTLWNLV150 LTLWNLV152 LTLWNLV153 LTLWNLV154 LTLWNLV155 LTLWNLV156 LTLWNLV157 LTLWNLV159 LTLWNLV160 LTLWNLV161 LTLWNLV163 LTLWNLV164 LTLWNLV165 LTLWNLV166 Accept 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Tips Received $126,168.49 $120,384.28 $125,241.96 $113,442.84 $17,266.05 $128,479.23 $118,822.52 $123,570.85 $117,134.85 $117,997.81 $116,598.43 $118,618.14 $128,416.84 $25,307.31 $117,832.74 $93,350.89 $126,871.41 $80,034.79 $121,946.23 $86,296.74 $116,571.10 $112,770.81 $8,403.14 $126,990.66 $128,775.13 $117,735.88 $119,775.21 $128,307.69 $80,483.68 $103,926.78 $129,246.78 $104,421.16 $116,989.35 $109,764.40 $74,301.48 $107,227.45 $117,670.51 $126,256.25 $3,946.13 $89,075.60 $111,793.83 $124,628.33 $78,239.16 $106,797.42 $118,625.68 $127,235.83 $117,237.61 $108,604.47 $121,768.36 $118,697.99 $101,277.05 $84,684.84 $129,107.63 $1,290.99 $126,528.00 $127,924.84 $127,620.32 $117,555.53 $128,384.67 $92,593.28 $111,547.59 $6,428,565.06 Settlement Share $6,411.14 $6,117.22 $6,364.05 $5,764.49 $877.36 $6,528.55 $6,037.86 $6,279.14 $5,952.10 $5,995.95 $5,924.84 $6,027.47 $6,525.38 $1,285.97 $5,987.56 $4,743.54 $6,446.85 $4,066.89 $6,196.58 $4,385.09 $5,923.45 $5,730.34 $427.00 $6,452.91 $6,543.59 $5,982.64 $6,086.27 $6,519.84 $4,089.70 $5,280.94 $6,567.56 $5,306.06 $5,944.71 $5,577.58 $3,775.56 $5,448.66 $5,979.32 $6,415.59 $200.52 $4,526.29 $5,680.70 $6,332.87 $3,975.65 $5,426.81 $6,027.85 $6,465.37 $5,957.32 $5,518.64 $6,187.55 $6,031.53 $5,146.30 $4,303.18 $6,560.48 $65.60 $6,429.40 $6,500.38 $6,484.91 $5,973.48 $6,523.75 $4,705.04 $5,668.19 $326,661.60 25% 1099 $1,602.78 $1,529.30 $1,591.01 $1,441.12 $219.34 $1,632.14 $1,509.46 $1,569.78 $1,488.02 $1,498.99 $1,481.21 $1,506.87 $1,631.35 $321.49 $1,496.89 $1,185.88 $1,611.71 $1,016.72 $1,549.15 $1,096.27 $1,480.86 $1,432.59 $106.75 $1,613.23 $1,635.90 $1,495.66 $1,521.57 $1,629.96 $1,022.43 $1,320.24 $1,641.89 $1,326.52 $1,486.18 $1,394.39 $943.89 $1,362.17 $1,494.83 $1,603.90 $50.13 $1,131.57 $1,420.18 $1,583.22 $993.91 $1,356.70 $1,506.96 $1,616.34 $1,489.33 $1,379.66 $1,546.89 $1,507.88 $1,286.57 $1,075.80 $1,640.12 $16.40 $1,607.35 $1,625.10 $1,621.23 $1,493.37 $1,630.94 $1,176.26 $1,417.05 $81,665.40 75% W2 Wages $4,808.35 $4,587.91 $4,773.04 $4,323.37 $658.02 $4,896.42 $4,528.39 $4,709.35 $4,464.07 $4,496.96 $4,443.63 $4,520.60 $4,894.04 $964.48 $4,490.67 $3,557.65 $4,835.14 $3,050.17 $4,647.44 $3,288.82 $4,442.59 $4,297.76 $320.25 $4,839.68 $4,907.69 $4,486.98 $4,564.70 $4,889.88 $3,067.28 $3,960.71 $4,925.67 $3,979.55 $4,458.53 $4,183.18 $2,831.67 $4,086.50 $4,484.49 $4,811.70 $150.39 $3,394.72 $4,260.53 $4,749.65 $2,981.74 $4,070.11 $4,520.89 $4,849.03 $4,467.99 $4,138.98 $4,640.66 $4,523.65 $3,859.72 $3,227.39 $4,920.36 $49.20 $4,822.05 $4,875.29 $4,863.68 $4,480.11 $4,892.81 $3,528.78 $4,251.14 $244,996.20 Total Employer Tax $562.58 $536.78 $558.45 $505.84 $76.99 $572.88 $529.82 $551.01 $522.29 $526.14 $519.91 $528.91 $572.59 $112.84 $525.39 $416.25 $565.72 $356.87 $543.75 $384.79 $519.79 $502.84 $37.47 $566.25 $574.21 $524.97 $534.07 $572.11 $358.87 $463.39 $576.30 $465.61 $521.65 $489.44 $331.30 $478.11 $524.69 $562.98 $17.59 $397.17 $498.48 $555.71 $348.87 $476.21 $528.95 $567.34 $522.77 $484.26 $542.95 $529.27 $451.59 $377.61 $575.68 $5.76 $564.18 $570.41 $569.05 $524.17 $572.46 $412.86 $497.39 $28,664.58 Employer FUTA 0.6% $28.85 $27.53 $28.64 $25.94 $3.95 $29.38 $27.17 $28.26 $26.78 $26.98 $26.66 $27.12 $29.36 $5.79 $26.94 $21.35 $29.01 $18.30 $27.88 $19.73 $26.66 $25.79 $1.92 $29.04 $29.45 $26.92 $27.39 $29.34 $18.40 $23.76 $29.55 $23.88 $26.75 $25.10 $16.99 $24.52 $26.91 $28.87 $0.90 $20.37 $25.56 $28.50 $17.89 $24.42 $27.13 $29.09 $26.81 $24.83 $27.84 $27.14 $23.16 $19.36 $29.52 $0.30 $28.93 $29.25 $29.18 $26.88 $29.36 $21.17 $25.51 $1,469.96 Employer SS 6.2% $298.12 $284.45 $295.93 $268.05 $40.80 $303.58 $280.76 $291.98 $276.77 $278.81 $275.51 $280.28 $303.43 $59.80 $278.42 $220.57 $299.78 $189.11 $288.14 $203.91 $275.44 $266.46 $19.86 $300.06 $304.28 $278.19 $283.01 $303.17 $190.17 $245.56 $305.39 $246.73 $276.43 $259.36 $175.56 $253.36 $278.04 $298.33 $9.32 $210.47 $264.15 $294.48 $184.87 $252.35 $280.30 $300.64 $277.02 $256.62 $287.72 $280.47 $239.30 $200.10 $305.06 $3.05 $298.97 $302.27 $301.55 $277.77 $303.35 $218.78 $263.57 $15,189.78 Employer Medicare 1.45% $69.72 $66.52 $69.21 $62.69 $9.54 $71.00 $65.66 $68.29 $64.73 $65.21 $64.43 $65.55 $70.96 $13.98 $65.11 $51.59 $70.11 $44.23 $67.39 $47.69 $64.42 $62.32 $4.64 $70.18 $71.16 $65.06 $66.19 $70.90 $44.48 $57.43 $71.42 $57.70 $64.65 $60.66 $41.06 $59.25 $65.03 $69.77 $2.18 $49.22 $61.78 $68.87 $43.24 $59.02 $65.55 $70.31 $64.79 $60.02 $67.29 $65.59 $55.97 $46.80 $71.35 $0.71 $69.92 $70.69 $70.52 $64.96 $70.95 $51.17 $61.64 $3,552.47 Employer UI 2.95% $141.85 $135.34 $140.80 $127.54 $19.41 $144.44 $133.59 $138.93 $131.69 $132.66 $131.09 $133.36 $144.37 $28.45 $132.47 $104.95 $142.64 $89.98 $137.10 $97.02 $131.06 $126.78 $9.45 $142.77 $144.78 $132.37 $134.66 $144.25 $90.48 $116.84 $145.31 $117.40 $131.53 $123.40 $83.53 $120.55 $132.29 $141.95 $4.44 $100.14 $125.69 $140.11 $87.96 $120.07 $133.37 $143.05 $131.81 $122.10 $136.90 $133.45 $113.86 $95.21 $145.15 $1.45 $142.25 $143.82 $143.48 $132.16 $144.34 $104.10 $125.41 $7,227.40 Career Enhancement Program Tax 0.05% $24.04 $22.94 $23.87 $21.62 $3.29 $24.48 $22.64 $23.55 $22.32 $22.48 $22.22 $22.60 $24.47 $4.82 $22.45 $17.79 $24.18 $15.25 $23.24 $16.44 $22.21 $21.49 $1.60 $24.20 $24.54 $22.43 $22.82 $24.45 $15.34 $19.80 $24.63 $19.90 $22.29 $20.92 $14.16 $20.43 $22.42 $24.06 $0.75 $16.97 $21.30 $23.75 $14.91 $20.35 $22.60 $24.25 $22.34 $20.69 $23.20 $22.62 $19.30 $16.14 $24.60 $0.25 $24.11 $24.38 $24.32 $22.40 $24.46 $17.64 $21.26 $1,224.97 Employee SDI 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Employee SS 6.2% $298.12 $284.45 $295.93 $268.05 $40.80 $303.58 $280.76 $291.98 $276.77 $278.81 $275.51 $280.28 $303.43 $59.80 $278.42 $220.57 $299.78 $189.11 $288.14 $203.91 $275.44 $266.46 $19.86 $300.06 $304.28 $278.19 $283.01 $303.17 $190.17 $245.56 $305.39 $246.73 $276.43 $259.36 $175.56 $253.36 $278.04 $298.33 $9.32 $210.47 $264.15 $294.48 $184.87 $252.35 $280.30 $300.64 $277.02 $256.62 $287.72 $280.47 $239.30 $200.10 $305.06 $3.05 $298.97 $302.27 $301.55 $277.77 $303.35 $218.78 $263.57 $15,189.78 Employee Medicare 1.45% $69.72 $66.52 $69.21 $62.69 $9.54 $71.00 $65.66 $68.29 $64.73 $65.21 $64.43 $65.55 $70.96 $13.98 $65.11 $51.59 $70.11 $44.23 $67.39 $47.69 $64.42 $62.32 $4.64 $70.18 $71.16 $65.06 $66.19 $70.90 $44.48 $57.43 $71.42 $57.70 $64.65 $60.66 $41.06 $59.25 $65.03 $69.77 $2.18 $49.22 $61.78 $68.87 $43.24 $59.02 $65.55 $70.31 $64.79 $60.02 $67.29 $65.59 $55.97 $46.80 $71.35 $0.71 $69.92 $70.69 $70.52 $64.96 $70.95 $51.17 $61.64 $3,552.47 Employee Federal 20% $961.67 $917.58 $954.61 $864.67 $131.60 $979.28 $905.68 $941.87 $892.81 $899.39 $888.73 $904.12 $978.81 $192.90 $898.13 $711.53 $967.03 $610.03 $929.49 $657.76 $888.52 $859.55 $64.05 $967.94 $981.54 $897.40 $912.94 $977.98 $613.46 $792.14 $985.13 $795.91 $891.71 $836.64 $566.33 $817.30 $896.90 $962.34 $30.08 $678.94 $852.11 $949.93 $596.35 $814.02 $904.18 $969.81 $893.60 $827.80 $928.13 $904.73 $771.94 $645.48 $984.07 $9.84 $964.41 $975.06 $972.74 $896.02 $978.56 $705.76 $850.23 $48,999.26 Employee State 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Modified Business Tax 1.17% $56.26 $53.68 $55.84 $50.58 $7.70 $57.29 $52.98 $55.10 $52.23 $52.61 $51.99 $52.89 $57.26 $11.28 $52.54 $41.62 $56.57 $35.69 $54.38 $38.48 $51.98 $50.28 $3.75 $56.62 $57.42 $52.50 $53.41 $57.21 $35.89 $46.34 $57.63 $46.56 $52.16 $48.94 $33.13 $47.81 $52.47 $56.30 $1.76 $39.72 $49.85 $55.57 $34.89 $47.62 $52.89 $56.73 $52.28 $48.43 $54.30 $52.93 $45.16 $37.76 $57.57 $0.58 $56.42 $57.04 $56.91 $52.42 $57.25 $41.29 $49.74 $2,866.48 Post Employee Wage Amt $3,422.58 $3,265.68 $3,397.45 $3,077.38 $468.38 $3,485.27 $3,223.31 $3,352.11 $3,177.53 $3,200.94 $3,162.97 $3,217.76 $3,483.58 $686.52 $3,196.47 $2,532.34 $3,441.65 $2,171.11 $3,308.04 $2,340.98 $3,162.23 $3,059.15 $227.95 $3,444.88 $3,493.29 $3,193.83 $3,249.15 $3,480.62 $2,183.28 $2,819.24 $3,506.10 $2,832.65 $3,173.58 $2,977.58 $2,015.59 $2,908.78 $3,192.05 $3,424.96 $107.05 $2,416.37 $3,032.64 $3,380.80 $2,122.39 $2,897.10 $3,217.97 $3,451.54 $3,180.30 $2,946.11 $3,303.22 $3,219.93 $2,747.35 $2,297.25 $3,502.31 $35.02 $3,432.33 $3,470.23 $3,461.96 $3,188.94 $3,482.70 $2,511.78 $3,025.96 $174,388.21 Total Settlement Amt $5,025.37 $4,794.99 $4,988.46 $4,518.50 $687.72 $5,117.40 $4,732.78 $4,921.90 $4,665.56 $4,699.93 $4,644.18 $4,724.63 $5,114.92 $1,008.01 $4,693.36 $3,718.23 $5,053.36 $3,187.83 $4,857.18 $3,437.25 $4,643.09 $4,491.73 $334.70 $5,058.11 $5,129.19 $4,689.49 $4,770.72 $5,110.58 $3,205.70 $4,139.47 $5,147.99 $4,159.16 $4,659.76 $4,371.98 $2,959.48 $4,270.94 $4,686.88 $5,028.85 $157.18 $3,547.94 $4,452.81 $4,964.02 $3,116.30 $4,253.80 $4,724.93 $5,067.88 $4,669.63 $4,325.77 $4,850.11 $4,727.81 $4,033.93 $3,373.04 $5,142.43 $51.42 $5,039.68 $5,095.32 $5,083.19 $4,682.31 $5,113.64 $3,688.04 $4,443.01 $256,053.61

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