ALTNOR et al v. PREFERRED FREEZER SERVICES, INC.

Filing 28

ORDER THAT PLAINTIFFS' MOTION IS GRANTED IN PART AND DENIED IN PART WITHOUT PREJUDICE. THE COURT AWARDS $57,667 AS ATTORNEYS' FEES AND $2000 IN OUT-OF-POCKET COSTS TO BE PAID TO CLASS COUNSEL. THE COURT AWARDS $1410.80 AS AN INCENTIVE AWARD TO EACH OF THE TWO NAMED PLAINTIFFS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/18/2016. 7/18/2016 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EDWIN ALTNOR, et al.,
Plaintiffs,
v.
PREFERRED FREEZER SERVICES, INC.,
Defendant.

:
:
:
:
:
:
:
:
:

CIVIL ACTION
NO. 14-7043

ORDER
AND NOW, this 18th day of July, 2016, upon
consideration of Plaintiffs’ Unopposed Motion for Final
Class/Collective Action Settlement Approval (ECF No. 21),
Plaintiffs’ Unopposed Memorandum in Support (ECF No. 22), and
after a final fairness hearing with the parties on May 25, 2016,
it is hereby ORDERED that Plaintiffs’ Motion (ECF No. 21) is
GRANTED in part and DENIED in part without prejudice as follows:
(1)

The Court certifies the following settlement class
pursuant to Federal Rule of Civil Procedure 23(a) and
23(b)(3):
All Pennsylvania residents whom Defendant
has employed in the following positions
since December 1, 2011 who d[id] not submit
a timely, valid request to opt-out of the
settlement as provided in the Class Notice:
belt
checker,
cleco
operator,
customer
service staff, cycle count clerk, inbound
checker, inventory control clerk, inventory
lead, maintenance, maintenance helper, order
picker, outbound checker, receiving checker,
receiving
clerk,
receiving/shipping
assistant,
runner,
shipping
clerk,
1

shipping/receiving checker, switch operator,
turret/cleco operator, USDA insp./checker,
USDA inspections, or warehouse worker.
(2)

The Court certifies the following settlement FLSA
collective:
All individuals whom Defendant employed in
the following positions since December 1,
2011 who submit[ted] a timely, valid opt-in
form as provided in the Class Notice: belt
checker, cleco operator, customer service
staff, cycle count clerk, inbound checker,
inventory control clerk, inventory lead,
maintenance,
maintenance
helper,
order
picker, outbound checker, receiving checker,
receiving
clerk,
receiving/shipping
assistant,
runner,
shipping
clerk,
shipping/receiving checker, switch operator,
turret/cleco operator, USDA insp./checker,
USDA inspections, or warehouse worker.

(3)

The Settlement Agreement is approved pursuant to
Federal Rule of Civil Procedure 23(e) and the factors
set forth in Girsh v. Jepson, 521 F.2d 153, 157 (3d
Cir. 1975).

(4)

The Settlement Agreement is a fair and reasonable
resolution of a bona fide dispute over FLSA
provisions.

(5)

The Court awards $57,667 as attorneys’ fees and $2,000
in out-of-pocket costs to be paid to class counsel.

(6)

The Court awards $1,410.80 as an incentive award to
each of the two Named Plaintiffs.

2

(7)

Class counsel shall submit an appendix to the
Settlement Agreement for judicial approval consistent
with this memorandum. The appendix shall reflect the
enlarged share, ECF No. 21-3 ¶¶ 4, 31-32, to be
distributed to the class/collective members due to the
reduction in attorneys’ fees and incentive award.

AND IT IS SO ORDERED.
/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

3