Amador v. The Brickman Group, LTD, LLC

Filing 120

ORDER (memorandum filed previously as separate docket entry) Unopposed motion for preliminary approval of the parties' settlement agreement is GRANTED. In Court FINAL APPROVAL Hearing set for 7/21/2017 09:30 AM in Scranton before Honorable Malachy E Mannion. (See order for full details).Signed by Honorable Malachy E Mannion on 3/21/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JONATHAN AMADOR ACEVEDO, :
MITCHELL BRATTON, JEREMY
BUSSE, STEPHEN PULLUM, ERIC :
MIGDOL, and JOSE GONZALEZ,
CIVIL ACTION NO. 3:13-2529
individually and on behalf of all
:
other similarly situated,
(JUDGE MANNION)
:
Plaintiffs,
:
v.
:
BrightView Landscapes, LLC,
(f/k/a/ THE BRICKMAN GROUP
:
LTD. LLC,)
:
Defendant.
:
ORDER
In light of the Memorandum issued this same day, IT IS HEREBY
ORDERED THAT the plaintiffs’ amended, unopposed motion for preliminary
approval of the parties’ settlement agreement, (Doc. 118), is GRANTED as
follows:
(1)

The State Settlement Class referenced in the parties’ amended
settlement agreement, (Doc. 118-3), is preliminarily certified as a
settlement class, defined as follows:
all individuals who were paid by The Brickman Group
for work performed in Colorado, Connecticut,
Delaware, Florida, Georgia, Illinois, Indiana, Kansas,
Kentucky, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, New Jersey, New York, North
Carolina, Ohio, Oregon, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Texas, Virginia,

Washington, or Wisconsin and who, at any time
between October 8, 2010 and June 8, 2014, were
paid a salary, but worked under a pay plan in which
they were eligible to receive “fluctuating workweek”type half-time overtime pay for hours worked over 40
in a workweek (meaning at a rate that decreased with
each overtime hour worked, rather than at time-and-ahalf their hourly rate), including but not limited to
salaried landscape/crew/irrigation Supervisors and
those in similarly titled positions;
(2)

All named plaintiffs are preliminarily appointed as class
representatives for the State Settlement Class;

(3)

Berger Montague, P.C. and Head Law Firm, LLC are preliminarily
approved as class counsel for the State Settlement Class;

(4)

The amended settlement agreement, (Doc. 118-3), is preliminarily
approved, subject to final approval at the final fairness hearing;

(5)

Dahl Administration is preliminarily approved as the settlement
administrator;

(6)

The proposed class notices and claim forms, attached to the
amended settlement agreement as Exhibits A, B, and C are
approved and shall be sent out pursuant to the terms of the
amended settlement agreement;

(7)

The following schedule and procedures for completing the final
approval process as set forth in the parties’ amended settlement
agreement are hereby approved as follows:

Defendant to send notice

Within ten (1) days after submission
of the settlement agreement to the
court

The parties to provide class
member information to the
settlement administrator

Within fourteen (14) days after the
court’s preliminary approval order

Mailing of class notices and
claim forms

Within five (5) business days after
receipt of class member information

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Reminder Notice

Twenty-one (21) days after the
settlement administrator initially mails
the notices and claims forms

Plaintiffs’ motion for approval of
attorneys’ fees and costs

Twenty-five (25) days after the mailing
of notices and claims forms

Objection and exclusion deadline

Thirty (30) days after the initial mailing
of notices and claims forms

Claim deadline

Sixty (60) days after the initial mailing
of the notices and claims forms

Plaintiffs’ Unopposed motion for
final approval

Ten (10) business days prior to the
final approval hearing

Final approval Hearing

At the court’s convenience, but no
earlier than 100 days after the court’s
preliminary approval order [DATE]

(8)

The final approval hearing is hereby preliminarily set for July 21,
2017 at 9:30 a.m. in Courtroom 3, William J. Nealon Federal
Building & U.S. Courthouse, 235 N. Washington Avenue,
Scranton, PA 18501;

(9)

In accordance with the above schedule provided by the parties,
ten (10) business days prior to the final approval hearing the
parties shall file a motion and memoranda in support of final
approval of the amended settlement agreement, in addition to
seeking final certification of the State Settlement Class and the
Collective Group preliminarily certified on February 14, 2014,
(Doc. 35).

IT IS FURTHER ORDERED THAT the plaintiffs’ original, unopposed
motion for preliminary approval of the parties’ settlement agreement, (Doc.
104), and the parties joint motion for a hearing to discuss changes to the
original agreement, (Doc. 115), are DENIED as moot. The Clerk of Court is
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also directed to change the name of the defendant in this action from “The
Brickman Group Ltd. LLC” to “BrightView Landscapes, LLC, formerly known
as The Brickman Group Ltd. LLC,” in light of recent corporate changes.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: March 21, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2529-01 order.wpd

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