BAHENA et al v. MOUNTAIRE FARMS, INC.

Filing 178

ORDER denying 145 MOTION Plaintiffs' Motion for Appointment of Co-Lead Counsel - granting 151 Joint MOTION to Stay regarding 148 Joint MOTION to Stay regarding 143 Order on Motion for Miscellaneous Relief, Court Ordered Deadline Pending Proposed Settlement - Corrected Version - granting 157 MOTION Addition of Class Representatives - granting 159 Motion Joint MOTION Preliminary Approval of Collective Action/Class Action Settlement. Signed by District Judge Terrence W. Boyle on 4/11/2013. Counsel should read the order in its entirety. (Downing, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
7:09-CV-190-BO
MARIO P. ROMERO, MICAELA SOTO )
DURAN, and EULALIO GUTIERREZ, on )
behalf of themselves and all others similarly )
situated,
)
Plaintiffs,
)
)
vs.
)
)
MOUNTAIRE FARMS, INC.,
)
Defendant.
)

ORDER

This cause comes before the Court following a hearing before the undersigned on several
pending motions. Having considered the motions and the arguments of counsel, and for the reasons
discussed at the hearing, the Court finds as follows: that class counsel of Martin & Jones having been
already appointed in this matter, and there being no showing that class counsel has inadequately or
unfairly represented the interests of the class, appointment of co-lead counsel is not warranted at this
time; that good cause exists for extending or staying the Court's earlier-imposed deadline for
submission of a preliminary settlement agreement; that the addition of class representatives, without
opposition from defendant, is appropriate; and that the class settlement falls within the range of
reasonableness and should therefore be preliminarily approved.
Accordingly, it is hereby ordered that the motion for appointment of co-lead counsel [DE
145] is DENIED, the joint motion to stay court ordered deadline [DE 151] is GRANTED, 1 the
motion for addition of class representatives [DE 157] is GRANTED, 2 and the joint motion for
1

The clerk is DIRECTED to terminate the pending motion at DE 148 as the corrected
version was filed at DE 151.
2

The clerk is DIRECTED to terminate the pending motion at DE 158. This is a
memorandum not a pending motion.

preliminary approval of collective action/class action settlement [DE 159] is GRANTED.
The clerk is DIRECTED to add Jennifer Bompus, Shawn Brown, and Norris J. Brayboy, II
as class representatives in this matter. The parties are DIRECTED to proceed with the requirements
of Rule 23(e) ofthe Federal Rules of Civil Procedure to prepare this matter for a final hearing on
whether the proposed settlement is fair, reasonable, and adequate.

SO ORDERED, this _J_I_ day of April, 2013.

~v·¥
T RRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE