Benitez Gonzalez et al v. O. J. Smith Farms, Inc. et al

Filing 111

ORDER granting 107 Joint MOTION to Approve Notice to Class Action Members and to Approve Method for Distributing Notice. 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. Signed by District Judge Louise Wood Flanagan on 2/17/2021. (Collins, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:20-cv-00086-FL
MARCOS BENITEZ GONZALEZ,
ISAAC GONZALEZ HERNANDEZ,
VICTORINO FELIX ANTONIO, JUAN
JAVIER VARELA CUELLAR, RUBEN
DOMINGUEZ ANTONIO, RIGOBERTO
CARTERAS JARDON, JORGE
BAUTISTA SABINO, EMMANUEL
CRUZ RIVERA, CELSO GONZALEZ
TREJO, ERIC JACINTO WENCES
VASQUEZ, MARTIN NELSON
WENCES VASQUEZ, PORFIRIO
BAUTISTA CRUZ, ALEJANDRO DE LA
CRUZ MEDINA, JOSE ESTEBAN
HERNANDEZ CRUZ, SIXTO
HERNANDEZ BUENO, VIRGINIO
ANGELES GONZALEZ, TIBURCIO
ANTONIO MANUEL, and HUMBERTO
ANTONIO HERNANDEZ, on behalf of
themselves and all other similarly
situated persons,

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Plaintiffs,
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v.
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O.J. SMITH FARMS, INC., BOSEMAN
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FARMS, INC., GREENLEAF NURSERY )
CO., SBHLP, INC., JOEL M.
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BOSEMAN, JEAN J. BOSEMAN,
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PEYTON G. MCDANIEL, SANDRA W.
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MCDANIEL, and SALVADOR
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BARAJAS,
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Defendants.
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ORDER APPROVING CONTENT OF NOTICE TO
CLASS ACTION MEMBERS AND METHOD
FOR DISTRIBUTING NOTICE

Case 5:20-cv-00086-FL Document 111 Filed 02/17/21 Page 1 of 3

This matter is before the Court on the Joint Motion by the named Plaintiffs
and Boseman Farms, Inc., Joel M. Boseman, and Jean J. Boseman (“Defendants” or
“Boseman”) to Approve Notice to Class Action Members and to Approve Method for
Distributing Notice. In support of their Joint Motion, Plaintiffs and Defendants
have filed a stipulated notice and method of distribution. The proposed content and
method of distribution for that notice 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 Settlement and Deadline to
Make Claims (the “Notice”) is both a neutral and comprehensive document that
fairly apprises the Plaintiff Class Members of (i) the nature of the litigation, (ii)
outlines how class members can make a claim from the settlement fund and (iii)
explicitly states the deadlines by which class members need to make a claim. The
Notice also provides the Plaintiff Class Members with an opportunity to obtain any
necessary further information from Class Counsel and provides that Plaintiff Class
members may contact Class Counsel with questions about the lawsuit or Notice.
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 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.

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Document 111 Filed 02/17/21 Page 2 of 3

IT IS SO ORDERED.
This the 17th day of February 2021.

___________________________________________
THE HONORABLE LOUISE W. FLANAGAN
U.S. District Judge

4839-9724-3099, v. 5:20-cv-00086-FL
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Document 111 Filed 02/17/21 Page 3 of 3