Walsh v. ITS Logistics, LLC

Filing 54

ORDER Granting Preliminary Approval of Class Action Settlement granting ECF No. 53 Motion. (See pdf order for deadlines and specifics.) Signed by Judge Miranda M. Du on 7/24/2017. (Copies have been distributed pursuant to the NEF - DRM)

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

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THIERMAN BUCK, LLP
Mark R. Thierman, Nev. Bar No. 8285
Joshua D. Buck, Nev. Bar No. 12187
Leah L. Jones, Nev. Bar No. 13161
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
[e-mail]

NIXON PEABODY LLP
BRIAN V. ALCALA, admitted pro hac vice
BRITTANY BOGAERTS, admitted pro hac
vice
70 West Madison Street, Suite 3500
Chicago, IL 60602
Tel. [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff Lisa Walsh, on behalf
of herself and others similarly situated

SETH NEULIGHT, admitted pro hac vice
One Embarcadero Center, 18th Floor
San Francisco, CA 94111-3600
Tel. [phone]
[e-mail]

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DOTSON LAW
Robert A. Dotson, Nev. Bar No. 5285
Jill I. Greiner, Nev. Bar No. 4276
One East First Street
City Hall Tower, 16th Floor
Reno, NV 89501
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LISA WALSH, on behalf of herself and all
others similarly situated,

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Plaintiffs,

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vs.

Case No.: 3:16-cv-00607-MMD-WGC

ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

ITS LOGISTICS, LLC and DOES 1 through
50, inclusive,
Defendants.

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-1[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
4832-9300-4620.3

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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

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this Court, the Honorable Miranda Du presiding, on July 24, 2017 . This Court, having

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considered the papers submitted in support of the application of the parties, HEREBY

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ORDERS THE FOLLOWING:

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1.

This Court grants preliminary approval of the Settlement and the Settlement Class
based upon the terms set forth in the Settlement Agreement and Release between

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

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Plaintiff and Defendant (“Stipulation of Settlement”) filed herewith.

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Settlement appears to be fair, adequate and reasonable to the Class.

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2.

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fairness hearing and final approval by this Court.
3.

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A final fairness hearing on the question of whether the proposed Settlement,
attorneys’ fees to Class Counsel, and the Class Representative Enhancement

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Awards 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.

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The Settlement falls within the range of reasonableness and appears to be
presumptively valid, subject only to any objections that may be raised at the final

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The

4.

This Court approves, as to form and content, the Notice of Pendency of Class

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Action, Proposed Class Action Settlement, Dispute Form and Opt-Out Form and

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Hearing Date for Court Approval (“Notice of Pendency of Class Action”), in

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substantially the form attached as Exhibit A to the Settlement Agreement. 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 Notice of Pendency of Class

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Action.

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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 Schedule

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set forth below.

This Court finds the dates selected for the mailing and

-2[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
4832-9300-4620.3

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distribution of the Notice of Pendency of Class Action, as set forth in the

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Implementation Schedule, meet the requirements of due process and provide the

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best notice practicable under the circumstances and shall constitute due and

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sufficient notice to all persons entitled thereto.

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6.

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

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purposes only.
7.

This Court confirms Plaintiff Lisa Walsh as Class Representative and Thierman

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

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Buck, LLP as Class Counsel.
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This Court confirms Simpluris as the Claims Administrator.

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This Court orders the following Implementation Schedule for further
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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Deadline for Defendant to Submit
Class Member Information to
Claims Administrator
Deadline for Claims
Administrator to Mail the Notice
of Pendency of Class Action to
Class Members
Deadline for Class Members to
Postmark Requests for Disputes,
or Opt-Outs
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
Final Fairness and Approval
Hearing

August 15,

[ 20 calendar days after Order
granting Preliminary Approval]
August 24

, 2017

[30 calendar days after Order
granting Preliminary Approval]
September 24

, 2017

[30 calendar days after initial
mailing of the Notice of Pendency
of Class Action to Class Members]
September 24

, 2017

[30 calendar days after initial
mailing of the Notice of Pendency
of Class Action to Class Members]
September 30

, 2017

[7 calendar days before Final
Approval Hearing]
October 30

, 2017 at 1:30
P.M. in Reno Courtroom 5.

-3[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
4832-9300-4620.3

, 2017

g.

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h.

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i.

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

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j.

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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 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)

November 14 _____, 2017
______
[15 days after Effective Date of
Final Approval Order]
________ 4, 2017 2017
___,
December
[10 calendar days after Defendant
Funds Settlement Account]
Decenber 14

[10 days after Defendant Funds
Settlement Account]

___________, 2017
January 30

July 24, 2017
Dated: ________________

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Honorable Miranda Du
District Court Judge

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-4[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
4832-9300-4620.3

2018.

[90 calendar days after Effective
Date of Final Approval Order]

IT IS SO ORDERED.

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, 2017