Demeuse v. Community Traffic Control LLC

Filing 48

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 1/11/2018. 47 Stipulation for approval of class and collective action settlement APPROVED; settlement agreement meets requirements of federal law, relevant Wisconsin law, and due process. Hawks Quindel, SC to serve as class counsel. Timothy Demeuse to serve as representative for certified FRCP 23 class and 29 USC §216(b) collective class. Judgment to be entered against defendant in the amount of $82,750 inclusive of attorney fees and costs. Service award of $5,000 to named plaintiff Demeuse fair and reasonable. Plaintiff's request for attorney fees of $27,583.33 and costs of $531.44 fair and reasonable; fees and costs of $28,114.77 awarded to Hawks Quindel, SC. Defendant to make payments provided for in settlement agreement within 7 days. Case DISMISSED with prejudice and without further cost to either party. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

TIMOTHY DEMEUSE,
Plaintiff,
v.

Case No. 16-cv-651-pp

COMMUNITY TRAFFIC CONTROL, LLC,
Defendant.

ORDER APPROVING STIPULATION FOR FINAL APPROVAL OF CLASS AND
COLLECTIVE ACTION SETTLEMENT AND GRANTING THE PLAINITFF’S
MOTION FOR ATTORNEYS’ FEES AND COSTS (DKT. NO. 47)
On December 19, 2017, the court conducted a fairness hearing on the
parties’ proposed settlement agreement. Dkt. No. 41. At that hearing, the court
found the settlement fair, reasonable and adequate, but stated that it would
not sign an order approving the settlement until the December 28, 2017
deadline for objections to class certification had passed. Id. The deadline now
has passed, without objections.
The court APPROVES the parties’ stipulation for final approval of class
and collective action settlement. Dkt. No. 47. The court APPROVES the
settlement agreement in its entirety, dkt. no. 23-1, and finds that the
settlement agreement meets the requirements of federal law, relevant
Wisconsin law and due process.
The court FINDS that the settlement terms negotiated by the parties and
described in the settlement agreement are a fair and reasonable resolution of a
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bona fide dispute between the defendant, the named plaintiff, the certified Fed.
R. Civ. P. 23 Class Members, and the 29 U.S.C. §216(b) Collective Class
Members.
The court ORDERS that Hawks Quindel, S.C. shall serve as class
counsel for the certified Fed. R. Civ. P. 23 Class and the 29 U.S.C. §216(b)
Collective Class.
The court ORDERS that Timothy Demeuse shall serve as representative
for the certified Fed. R. Civ. P. 23 Class and the 29 U.S.C. §216(b) Collective
Class.
The court ORDERS that the settlement agreement is binding on the
defendant, plaintiff Timothy Demeuse, the Collective Class, as well as all of the
Rule 23 Class Members who have not excluded themselves.
The court ORDERS that the clerk shall enter judgment against the
defendant in the total amount of $82,750, inclusive of attorneys’ fees.
The court FINDS the service award of $5,000.00 to named plaintiff
Demeuse to be fair and reasonable.
The court FINDS that the plaintiff’s request of attorneys’ fees in the
amount of 33.33% of the settlement fund ($27,583.33) is reasonable. The court
further FINDS that costs of $531.44 are fair and reasonable. The court
AWARDS Hawks Quindel, S.C. $28,114.77 in fees and costs.
Under the settlement agreement, the defendant shall make the payments
provided for in the settlement agreement to Hawks Quindel, S.C. within seven
(7) days of the date of this order.
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The court ORDERS that this case is DISMISSED WITH PREJUDICE,
and without further cost to either party.
Dated in Milwaukee, Wisconsin this 11th day of January, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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