Owens v. Interstate Safety Service, Inc.

Filing 24

ORDER (memorandum filed previously as separate docket entry). The Joint Motion by the Parties Seeking Court Approval of Collective Action Settlement (Doc. 15) is GRANTED, and the accompanying settlement agreement is APPROVED. The Unopposed Motion for Approval and Award of Attorney's Fees (Doc. 18) is GRANTED. Clerk of Court directed to close case. (See Order for full details.)Signed by Honorable A. Richard Caputo on 11/21/17. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL OWENS, Individually and
on behalf of all others similarly
situated,

NO. 3:17-CV-0017
(JUDGE CAPUTO)

Plaintiffs,
v.
INTERSTATE SAFETY SERVICE,
Inc.,
Defendant.
ORDER

NOW, this 21st day of November, 2017, upon consideration of the Joint Motion
by the Parties Seeking Court Approval of Collective Action Settlement (Doc. 15) and
the Unopposed Motion for Approval and Award of Attorney’s Fees and Costs (Doc.
18), IT IS HEREBY ORDERED that:
(1)

The Joint Motion (Doc. 15) is GRANTED, and the accompanying
settlement agreement is APPROVED as a fair and reasonable resolution
of this action under the Fair Labor Standards Act (“FLSA”).

(2)

The following class is certified, for settlement purposes only, pursuant to
Section 16(b) of the FLSA:
All individuals employed by Defendant within the
Collective Class Period whose work involved travel to
remote job locations and who may not have been paid
all compensation/overtime due for certain alleged
hours worked (specifically certain travel time and
related waiting time) in violation of the FLSA.

(3)

The Parties shall proceed and provide the Notice to the Class Members in
accordance with the terms of the settlement agreement.

(4)

The opt-in period for this matter shall conclude thirty (30) days from the
date on which the Opt-In Forms and Notices are mailed to the Class
Members, as confirmed by the postmark on the return envelopes.

(5)

The law firm of Franko Law Offices, PLLC is appointed as counsel to
represent Plaintiff and all opt-ins and settlement participants during any
and all further proceedings to the settlement.

(6)

All Participating Settlement Class Members, including the Named
Plaintiff, are permanently barred from prosecuting any of the Released
Claims against any Released Entities, as those terms are defined in the
settlement agreement.

(7)

The Unopposed Motion for Approval and Award of Attorney’s Fees (Doc.
18) is GRANTED.

(8)

Class Counsel is awarded attorney’s fees in the amount of $32,000.00 as
final payment for and complete satisfaction of any and all attorney’s fees
due and owed to Class Counsel. The payment of fees to Class Counsel
shall be paid from the Global Settlement Account in accordance with the
terms of the settlement agreement.

(9)

Class Counsel is awarded reimbursement of litigation costs and expenses
in the amount of $1,000.00 to be paid from the Global Settlement Account
in accordance with the terms of the settlement agreement.

(10) The action is DISMISSED with prejudice, although jurisdiction is
retained over this action for purposes of overseeing any disputes arising
from the implementation, administration, or enforcement of the settlement
terms, including any relating to the award of attorney’s fees and costs.
(11) The Clerk of Court is directed to mark the case as CLOSED.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge
2