CONLEY v. CABOT OIL AND GAS CORPORATION

Filing 53

Order granting 52 Motion for Approval of FLSA Collective Action Settlement and Preliminary Approval of Rule 23 Class Action Settlement. The Final Approval Hearing is scheduled for 4/2/19 at 10:00 a.m., in Courtroom 3A. No later than 5 business-da ys before the Hearing, counsel shall file a joint-motion for final approval of class/collective-action settlement, along with a signature-ready proposed order, including any and all ancillary relief requested. Signed by Judge Cathy Bissoon on 12/11/18. (dcd)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH DIVISION
JACKIE D. CONLEY, individually and
on behalf of all others similarly situated,
Plaintiff,
v.
CABOT OIL AND GAS
CORPORATION,
Defendant.

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Docket No. 2:17-cv-01391-CB

JURY TRIAL DEMANDED
CLASS/COLLECTIVE ACTION
PURSUANT TO 29 U.S.C. § 216(b)/
FED. R. CIV. P. 23

ORDER GRANTING FLSA SETTLEMENT AND
PRELIMINARY APPROVAL OF RULE 23 SETTLEMENT
Before the Court is a Motion for Approval of the Parties’ FLSA Settlement Agreement and
Preliminary Approval of the Rule 23 Settlement Agreement (“Approval Motion”) by Plaintiff Jackie
Conley. After considering the Approval Motion and the papers in support of the same, the Settlement
Agreement and Release (the “Settlement Agreement”), and the arguments of counsel, the Court is of
the opinion that the motion to approve the FLSA Settlement Agreement is GRANTED and the
motion to preliminarily approve the Rule 23 Settlement Agreement is also GRANTED. IT IS
HEREBY ORDERED as follows:
1.

The Court conditionally certifies the 42 person FLSA class for settlement notice

purposes, as identified on Exhibit 2 of the Settlement Agreement.
2.

Pursuant to Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”), the proposed

settlement of the Pennsylvania state law claims embodied in the Settlement Agreement is hereby
preliminarily approved as fair, reasonable, and adequate, and in the best interests of the Settlement
Class (as defined in the Settlement Agreement), in light of the factual, legal, practical, and procedural
considerations raised by this case. Solely for the purpose of the settlement defined in the Settlement

Agreement, and pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court certifies the
55 person Rule 23 class, as identified on Exhibit 2 of the Settlement Agreement.
3.

The Court orders that the Pennsylvania Class is preliminarily certified for settlement

purposes only. If the Settlement does not become final for any reason, the fact that the Parties were
willing to stipulate to class action certification for settlement purposes shall have no bearing on, and
will not be admissible in connection with, the issue of whether a class action is properly certified in a
non-settlement context. The Court’s findings are for purposes of conditionally certifying the
Pennsylvania Class and will not have any claim, issue, or evidentiary preclusion or estoppel effect in
any other action against Cabot or in this litigation if the Settlement is not finally approved.
4.

The Court finds that certification of the Pennsylvania Class, solely for purposes of

Settlement, is appropriate in that: (a) the Pennsylvania Class Members are so numerous that joinder
of all Pennsylvania Class Members is impracticable; (b) there are questions of law and fact common
to the Pennsylvania Class which predominate over any individual questions; (c) claims of the Class
Representative (as defined in the Settlement Agreement) are typical of the claims of the Pennsylvania
Class; (d) the Class Representatives and Class Counsel (as defined in the Settlement Agreement) have
fairly and adequately represented and protected the interests of the Pennsylvania Class; and (e) a class
action settlement is superior to other available methods for the fair and efficient adjudication of the
controversy.
5.

The Court hereby preliminarily appoints Plaintiff Jackie Conley as the representative

of the Pennsylvania Class and finds that he meets the requirements of Rule 23(a)(4).
6.

In accordance with Rules 23(a)(4) and (g) and the FLSA, the Court approves the

following attorneys as Class Counsel for the Pennsylvania and FLSA Classes:
Andrew W. Dunlap
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, Texas 77046
And

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Richard J. Burch
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, Texas 77046
7.

The Court preliminarily approves the attorney fees and costs requested.

8.

The Court finds that the plan for Class Notice (as defined in the Settlement

Agreement) is the best notice practicable under the circumstances and satisfies the requirements of
due process and Rule 23. The plan is approved and adopted. The Court further finds that the Class
Notice complies with Rule 23(c)(2), Rule 23(e), and Section 216(b) of the FLSA, and is appropriate as
part of the plan for issuing notice set forth in the Settlement Agreement as approved and adopted.
Class Counsel shall work with the settlement administrator to distribute the Notice.
9.

The fairness hearing and hearing for Final Approval set forth in the Class Notice is

3A
hereby scheduled for _____________, 2019 at 10 00 a.m. in Courtroom ___, U.S. Courthouse, 700
__:__
April 2

Grant Street,

Pittsburgh, Pennsylvania 15219.

10.
No later than 5 business-days before the Hearing, counsel shall file a joint-motion for final approval of class/
collective-action settlement, along with a signature-ready proposed order, including any and all ancillary reliefrequested.

IT IS SO ORDERED.

DATED: ________________
December 11, 2018

__________________________________________
s\Cathy Bissoon
Judge Cathy Bissoon
United States District Judge

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