Aguilar-Gamas v. Scott Farms, Inc., et al

Filing 85

ORDER granting 82 Joint MOTION Approve Class Notice - Signed by District Judge Louise Wood Flanagan on 12/24/2014. (Baker, C.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CASE NO.: 5:13-CV-447-FL

MAURICIO AGUILAR GAMAS and ANGEL
MARTINEZ on behalf of themselves
and all other similarly situated
persons,
Plaintiffs,
v.
SCOTT FARMS, INC., ALICE H. SCOTT,
LINWOOD H. SCOTT, JR., LINWOOD H.
SCOTT III, and DEWEY R. SCOTT,
Defendants.
_________________________________________

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER APPROVING CONTENT OF NOTICE TO CLASS MEMBERS
AND METHOD OF DISTRIBUTION OF CLASS NOTICE

This matter is before the Court on the Joint Motion by the named Plaintiffs and the
Defendants to Approve Notice to Class and Collective Action Members and to Approve Method for
Distributing Notice. In support of their Joint Motion, the named Plaintiffs and the 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.
The proposed Notice to Class Action Members of Proposed Settlement, Deadline for

Objections, and Opportunity to Withdraw (the “Notice”) is both a neutral and comprehensive
document that fairly apprises the Plaintiff Class Members of (i) the pendency of the class action,
(ii) the substance of the litigation, (iii) the reasons for compromising the claims, (iv) the terms of
the proposed settlement, and (v) the opportunity to withdraw. The Notice also provides the
Plaintiff Class Members with an opportunity to obtain any necessary further information, and
apprises them of their right to object to the settlement, the objection deadline, and the date of the
hearing on this Court’s final approval, if any, of the Settlement Agreement.
The Court therefore formally approves the content of the Notice attached to the Joint
Motion, as well as the method of distribution for the Notices to class and collective action members
set out in the Joint Motion. The Notice shall be distributed to the members of the class previously
certified by this Court within thirty (30) days of the date of this Order.

IT IS SO ORDERED.

24th
December, 2014
This the _____ day of ___________________________.

__________________________________
U.S. District Judge