Nuchell v. Cousins Submarines Inc

Filing 42

ORDER signed by Judge Pamela Pepper on 10/24/2017. The court FINDS the settlement agreement fair, reasonable and adequate; 38 joint motion for preliminary approval of class and collective action settlement GRANTED. Amanda Nuchell APPOINTED as clas s representative. Hawks Quindell, SC APPOINTED as class counsel. The court FINDS [38-3] notice of class action settlement constitutes valid, due and sufficient notice for distribution to Rule 23 class; see order for schedule regarding distribu tion. Fairness hearing set for 11/28/2017 at 12:30 PM in Courtroom 222, 517 E. Wisconsin Ave., Milwaukee, WI before Judge Pamela Pepper. Class counsel to file motion for approval of attorneys' fees and costs at least 14 days prior to fairness hearing; supplemental brief in support of final approval of settlement agreement or response to objections to application for attorneys' fees to be filed at least 7 days prior to fairness hearing. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

AMANDA NUCHELL,
individually and on behalf of
all others similarly situated,
Plaintiff,
v.

Case No. 16-cv-232-pp

COUSINS SUBMARINES, INC.
D/B/A COUSINS SUBS,
Defendant.

ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF
CLASS AND COLLECTIVE ACTION SETTLEMENT (DKT. NO. 38) AND
APPROVING JOINT STIPULATION TO CERTIFY THE COLLECTIVE AND
CLASS ACTION (DKT. NO. 38-5)

The parties have filed a Joint Motion for Preliminary Approval of Class
and Collective Action Settlement. Dkt. No. 38. They have attached their
Settlement Agreement (dkt. no. 38-1), and have explained how they reached the
settlement and the reasons they believe that the settlement is fair, reasonable
and adequate. Dkt. No. 41. The parties also applied the Rule 23(a) and (b)
standard to the proposed class of all individuals employed by the defendant as
an hourly Assistant Manager at any time between February 24, 2014 and
September 2, 2017, as identified in Exhibit A to the Settlement Agreement.
Dkt. Nos. 38-2, 41.
The court FINDS that the Settlement Agreement is fair, reasonable and
adequate, GRANTS the Joint Motion for Preliminary Approval of Class and
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Collective Action Settlement (dkt. no. 38), and APPROVES the parties’ Joint
Stipulation to Certify a Collective Action Pursuant to 29 U.S.C. §216(b) and to
Certify a Class Action Pursuant to Fed. R. Civ. P. 23 (dkt. no. 38-5).
The court APPOINTS Amanda Nuchell as class representative of the Fed.
R. Civ. P. 23 Class and the 29 U.S.C. §216(b) Collective Class.
The court APPOINTS Hawks Quindell, S.C. as class counsel for the
certified Fed. R. Civ. P. 23 Class and the 29 U.S.C. §216(b) Collective Class.
The court FINDS that the parties’ Notice of Class Action Settlement (dkt.
no. 38-3) constitutes valid, due and sufficient notice for distribution to the Rule
23 Class, and ORDERS that:
1.

Class counsel shall mail the notice within seven days of the date of

this order.
2.

Putative Collective Class members may file a consent form within

thirty days of the notice’s mailing.
3.

Any individual who wishes to exclude himself or herself from the

Rule 23 Class must opt out, per the instructions in the Notice of Class Action
Settlement, within thirty days of the mailing of that notice.
4.

Any individual who does not exclude him- or herself from the Rule

23 settlement shall be bound by the court’s order finally approving settlement.
5.

Any Rule 23 Class Member who wishes to object in any way to the

proposed settlement agreement must file and serve such written objections,
following the instructions in the notice, no later than thirty days after the

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mailing of the notice, together with copies of all papers in support of his or her
petition.
6.

The court has scheduled a fairness hearing for November 28, 2017

at 12:30 p.m., for the court to make its determination as to the final approval
of the settlement and the amounts paid to class counsel as attorneys’ fees and
costs, and to hear the objections of any Rule 23 Class Member who validly
objected to the settlement agreement as provided in the notice.
7.

Class counsel shall file a motion for approval of attorneys’ fees and

costs at least fourteen days prior to the fairness hearing. Any supplemental
brief in support of final approval of the Settlement Agreement or in response to
any objections to the application for attorneys’ fees shall be filed at least seven
days prior to the fairness hearing.
Dated in Milwaukee, Wisconsin this 24th day of October, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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