Eliaas et al v. The Dinex Group, LLC et al

Filing 77

ORDER: NOW, THEREFORE, it is hereby ORDERED that, no later than April 6, 2021, Plaintiffs' counsel shall: File a fully executed version of the Settlement Agreement; File the form of Notice of Proposed Settlement (No tice) that is referred to in Sections 1.20 and 2.3(C) of the Settlement Agreement as Exhibit A;2 File a letter addressing the following questions: As further set forth in this order. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 3/30/2021) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Barbara Eliaas et al.,
Plaintiffs,
-against-

1:20-cv-03117 (SDA)
ORDER

The Dinex Group, LLC et al.,
Defendant.
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:
WHEREAS, on March 29, 2021, Plaintiffs’ counsel filed a motion for conditional
certification of a settlement class and for preliminary approval of a class action settlement (Pls.’
3/29/21 Not. of Mot., ECF No. 74), as well as a memorandum of law and accompanying
Declaration (Pls.’ 3/29/21 Mem., ECF No. 75; Lee Decl., ECF No. 76); and
WHEREAS, Plaintiffs’ submissions are incomplete and raise certain questions for the
Court.
NOW, THEREFORE, it is hereby ORDERED that, no later than April 6, 2021, Plaintiffs’
counsel shall:
1. File a fully executed version of the Settlement Agreement; 1
2. File the form of Notice of Proposed Settlement (“Notice”) that is referred to in
Sections 1.20 and 2.3(C) of the Settlement Agreement as Exhibit A; 2
3. File a letter addressing the following questions:

1

The version of the Settlement Agreement filed at ECF No. 76-1 does not contain Plaintiffs’ counsel’s
signature on the last page.

2

The version of the Settlement Agreement filed at ECF No. 76-1 does not include an Exhibit A.

a. Did Defendants stipulate to a class period (referred to in Plaintiffs’
memorandum as the “Relevant Period”) and, if so, what is the class period?
b. What compensation is to be paid to Rust Consulting for its services as claims
administrator?
c. What percentage of the class speaks a foreign language (e.g., Spanish), and is
there is a plan to translate the Notice into such foreign language(s)?
4. Send Microsoft Word versions of the Notice, as well as the Proposed Order (ECF No.
76-2), to the Court via email at [e-mail].
SO ORDERED.
Dated:

New York, New York
March 30, 2021
______________________________
STEWART D. AARON
United States Magistrate Judge

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