Slipchenko v. Brunel Energy, Inc. et al

Filing 163

ORDER entered GRANTING 155 MOTION for Approval of Class Action Settlement (Preliminary). Preliminary Approval/Fairness Hearing set for 1/20/2015 at 08:30 AM in Courtroom 11B before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TAMARA SLIPCHENKO, on behalf
of herself and all other persons
similarly situated,
Plaintiffs,
v.
BRUNEL ENERGY, INC., et al.,
Defendants.

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CIVIL ACTION NO. H-11-1465

ORDER GRANTING MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
The plaintiffs’ Motion for Preliminary Approval of Class Action Settlement, (Docket Entry
No. 155), is granted, based on the motion, the memorandum in support, the agreement itself, the
arguments of counsel, and the record. The following order is entitled:
1.

The Proposed Settlement is preliminarily approved as fair, reasonable, and adequate

to the Class Members under Rule 23 of the Federal Rules of Civil Procedure.
2.

The Proposed Class Settlement Notice accurately informs all members of the Class

of all material terms of the Proposed Settlement, constitutes the best notice practicable under the
circumstances, constitutes valid, due and sufficient notice of all Class Members, and complies with
Rule 23 of the Federal Rules of Civil Procedure, the United States Constitution, and any other
applicable law.
3.

The Plan of Allocation providing for the distribution of the settlement fund to Class

Members is preliminarily approved as being fair, reasonable, and adequate to the Settlement Class
Members pursuant to Rule 23 of the Federal Rules of Civil Procedure.

4.

The following settlement procedures and timeline will be followed:
a.

On or before October 10, 2014, the Class Settlement Notice will be sent to
Class Members;

b.

On or before October 13, 2014, Class Counsel will file a declaration
confirming compliance with notice procedures;

c.

On or before October 13, 2014, Class Counsel will file their motion for
attorneys’ fees and costs and a motion for service awards for class
representatives;

d.

Class Members will have until December 12, 2014, to review the terms of
the Proposed Settlement and file any objections with the court. To the extent
that any objections are provided to Class Counsel, Defendants or the
Settlement Administrator, those objects must be promptly filed with the court
after receipt;

e.

On or before January 5, 2015, Plaintiffs will file a motion for final approval
of the Proposed Settlement;

f.

A fairness hearing on the Proposed Settlement is set for January 20, 2015
at 8:30 a.m.

SIGNED on September 30, 2014, at Houston, Texas.

______________________________________
Lee H. Rosenthal
United States District Judge

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