Bulmaro Ceras-Campo v. WF Partnership et al

Filing 61

ORDER APPROVING Content of Notice to Class and Methods of Distribution of Class Notice. Objections to the Proposed Settlement shall be filed by 7/10/11 and the Fairness Hearing will be set for 8/10/11 at 2:00 pm in Raleigh before U.S. District Judge Terrence W. Boyle. Signed by U.S. District Judge Terrence W. Boyle on 5/13/11. (Talbert, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

5:10-CV-215-BO

BULMARO CERAS-CAMPO, on behalfof
himselfand all other similarly situated persons,
Plaintiffs,
v.

WF PARTNERSHIP, GEORGE E. WARREN,
RUPERT GERALD WARREN, BRUCE D.
WARREN, JANET WARREN, WARREN
FARMING CO., JOSE DANIEL CRUZ,
and GEORGE E. WARREN, RUPERT GERALD
WARREN, JANET WARREN, and BRUCE D.
WARREN d/b/a WF PARTNERSHIHP,
Defendants.

)
)

)
)
)
)
)
)

)
)
)
)
)
)
)
)

ORDER APPROVING CONTENT
OF NOTICE TO CLASS
AND
METHODS OF DISTRIBUTION
OF CLASS NOTICE

This matter is before the Court on the Joint Motion [DE 57] by the named plaintiffs and
defendants George E. Warren, Janet Warren, Rupert Gerald Warren, Bruce D. Warren, WF
Partnership, and Warren Farming Co. (hereinafterreferred to as "the Warren defendants") to approve
the Notice to Class and the method for distributing that Notice to Class to the putative members of
the class and FLSA collective action that the Court has certified against those same defendants. In
support of their joint motion, the named plaintiff and the Warren defendants have filed a stipulated
notice and method of distribution. The proposed content and method of distribution for that notice
are consistent with that previously approved for use in other similar wage actions before the federal
courts of this state. See Haywood v. Barnes, 109 F.R.D. 568 (E.D.N.C. 1986). They also appear to
be reasonably calculated to provide the best notice practicable under the circumstances of this case.
Fed. R. Civ. P. 23.
The Notice shall reflect that objections to the proposed Settlement must be delivered to the

Clerk of Court on or before July 10,2011. The Notice shall reflect that the Fairness Hearing will be
held on Aueust 10,2011, at 2:00pm at the Terry Sanford Federal Building and Courthouse, 310 New
Bern Avenue, Raleigh, North Carolina 27601.
The Court therefore formally approves the content of the Notice to Class attached to the
respective Joint Motions, as amended to include the dates for the objection deadline and the Fairness
Hearing, and the method of distribution for that Notice to Class that is set out in numbered
paragraphs 1-3 of those same Joint Motion for distribution to the members of the class and FLSA
collective action certified by this Court under Federal Rule of Civil Procedure 23(b)(3), and 29
U.S.C. §216(b). Plaintiff or his designees shall complete the requirements for distributing the class
notice within thirty (30) days of the date that the plaintiff receives all of the information described
in paragraph 1 of the Joint Motion by the named plaintiff and the Warren defendants.
The Joint Motion [DE 57] is GRANTED.

IT IS SO ORDERED, this

I~

day of May, 2011.

T
RRENCE W. BOYLE
UNITED STATES DISTRIC

2