Pintor v. Hypro Inc et al

Filing 52

ORDER signed by Judge Pamela Pepper on 10/1/2018 GRANTING final approval of settlement agreement; GRANTING 36 plaintiff's motion for attorney fees and costs; and DISMISSING case with prejudice. See order for details. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ALVIN PINTOR,
Individually and on behalf of
all others similarly situated
Plaintiff,
Case No. 17-cv.890-pp
v.
HYPRO, INC.,
d/b/a SPIRIT MANUFACTURING, INC.
and SERVICE FIRST STAFFING, INC.,
Defendants.

ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AGREEMENT,
GRANTING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
(DKT. NO. 36), AND DISMISSING CASE WITH PREJUDICE

On September 18, 2018, the court conducted a fairness hearing on the
proposed settlement agreement. Dkt. Nos. 48, 51. At that hearing, the court
found the settlement agreement to be fair, reasonable and adequate. For the
reasons stated by the court on the record at that hearing, the court ORDERS:
1.

The court APPROVES the settlement agreement in its entirety, and

finds that the settlement agreement meets the requirements of federal law,
relevant Wisconsin law and due process.
2.

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 bona fide dispute between the defendants, the named plaintiff,
the certified Fed. R. Civ. P. 23 Class Members and the 29 U.S.C. § 216(b)
Collective Class Members.
1

3.

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.
4.

The court ORDERS that Alvin Pintor shall serve as representative

for the certified Fed. R. Civ. P. 23 Class and the 29 U.S.C. § 216(b) Collective
Class.
5.

The court ORDERS that the settlement agreement is binding on

the defendants, Alvin Pintor, the Collective Class, and all of the Rule 23 Class
Members who have not excluded themselves.
6.

The court ORDERS that the clerk shall enter judgment against the

defendant Hypro, Inc. d/b/a Spirit Manufacturing, Inc. in the total amount of
$120,000.00, inclusive of attorneys’ fees, dismissing with prejudice the
Collective Class and Rule 23 Class Members’ released claims.
7.

The court ORDERS that the clerk shall enter judgment against the

defendant Service First Staffing, Inc. in the total amount of $10,000.00,
inclusive of attorneys’ fees, dismissing with prejudice the Collective Class and
Rule 23 Class Members’ released claims.
8.

The court FINDS the service award of $5,000.00 to Named Plaintiff

Pintor to be fair and reasonable.
9.

The court FINDS that the plaintiff’s request of attorneys’ fees in the

amount of 33.33% of the settlement fund ($43,333.33) is reasonable.
10.

The court FINDS that the plaintiff’s request of costs in the amount

of $1,194.19 is fair and reasonable.

2

11.

The court GRANTS plaintiff’s motion for attorney’s fees, dkt. no.

36, and AWARDS Hawks Quindel, S.C. a total of $44,527.52 in fees and costs.
12.

Under the settlement agreement, the court ORDERS the

defendants to make payments as provided for in the settlement agreement after
application of Section IV.H.4. to Hawks Quindel, S.C. within twenty-one (21)
days of the date of the entry of this order.
13.

By consent of the parties, the court shall RETAIN JURISDICTION

over the case solely to enforce the terms of their settlement agreement under
the authority of Kokkonen v. Guardian Life Insurance Company of America,
511 U.S. 375, 381-82 (1994).
14.

The court ORDERS the defendants to make payment to the Class

Members in the following amounts:
Employee Name
Anderson, Brook A.
Bakalar, Kurt
Bankhead, Terry
Blackshire, Terrance L.
Borth, Ronald J.
Brinkmann, Timothy W.
Brook, Jeffrey C.
Brown John T
Burbey, Robert A.
Burch, Daniel W.
Cannon, Kimberly
Carter, Tyrone
Cherry, Ray
Cipov, Mike
Clark, Don
Cotter, Michael P.
Crom, Mark L.
Cruz-Hernandez, Manuel
Czarnecki, Mark A.

HYPRO
1099
$6.48
$139.96
$533.49
$0.00
$567.77
$28.24
$148.12
$9.32
$748.93
$513.46
$182.71

$394.96
$66.45
$705.55
$762.82
$487.87
$752.03
$76.68

$282.11
$33.22
$503.97
$544.87
$348.48
$537.17
$38.34
3

SFS W2

SFS
1099

$140.56

HYPRO W2
$12.96
$195.94
$746.88
$0.00
$794.88
$56.48
$207.37
$18.64
$1,048.50
$718.84
$365.42

$100.40

TOTALS
$19.45
$335.89
$1,280.37
$0.00
$1,362.65
$84.71
$355.50
$27.96
$1,797.43
$1,232.31
$548.14
$240.96
$677.07
$99.67
$1,209.52
$1,307.69
$836.35
$1,289.20
$115.02

Daniels, Joshua E.
Daniels, Todd A.
Dashner, Nick
Daube,Steve G.
DeNeve-Ewing, Laurie
Dragoljevic, Pero
Elliott, Loretta
Farney, Joshua L
Gay, Debra A.
Gay, Ron
Gentele, Ryan M
Giral, J. Guadalupe
Gregoric, John R
Grobe, Karen
Grossmeyer, William
Hane, David C.
Hanson, Michael R.
Harvill, Brian
Hendrickson, Gerald
Hernandez, Juan
Hernandez, Nicolas
Herr, Patrick
Heup, Amelia
Heup, Carol A.
Heup, Catherine
HOFFMAN, ROBERT
Hood, Riley
Idrizovic, Fako
Jackson, George A
Jackson, Keith
Jordon J Schultz
Jurkiewicz, Bonnie
Kaufman, Giacomo
Kazee, Latrial
Kikanovic, Mirsad
Kisting, Gregory D
Kobleski, Michael L.
Kogutkiewicz, Jacob
Krenzke, Shawn N
Kriegsman, Keith L.
Kroes, Ryan W
Kruck, Alexander M
Langer, Terry L.

$52.98
$14.73
$71.01
$64.19
$61.97
$959.47
$0.00
$24.69
$579.15
$17.28
$230.94
$445.07
$64.19
$154.37
$692.59
$51.84

$26.49
$7.37
$35.51
$32.09
$30.98
$685.34
$0.00
$12.34
$413.68
$12.34
$115.47
$222.54
$32.09
$110.27
$494.71
$37.03
$181.32

$98.75

$27.14
$443.90
$74.84
$53.56
$0.00
$131.89
$51.84
$47.64
$51.84
$0.00
$353.56
$13.98
$0.00
$0.00
$767.89
$0.00
$34.56
$700.79
$346.17
$967.30
$9.87
$39.50
$908.76

$90.66

$49.37

$19.39
$221.95
$37.42
$38.26
$0.00
$94.21
$37.03
$34.03
$37.03
$0.00
$176.78
$6.99
$0.00
$0.00
$548.49
$0.00
$17.28
$500.56
$173.08
$690.93
$4.94
$19.75
$649.12

$18.64
$0.00

$9.32
$0.00
4

$79.47
$22.10
$106.52
$96.28
$92.95
$1,644.81
$0.00
$37.03
$992.83
$29.62
$346.42
$667.61
$96.28
$264.64
$1,187.29
$88.87
$271.98
$46.53
$665.85
$112.26
$91.81
$0.00
$226.10
$88.87
$81.67
$88.87
$0.00
$530.34
$20.97
$0.00
$0.00
$1,316.38
$0.00
$51.84
$1,201.35
$519.25
$1,658.23
$14.81
$59.25
$1,557.88
$148.12
$27.96
$0.00

Larriuz, Jesus
Larriuz, Jesus JR.
Larruiz, Jesus
LASCHOBER, RICHARD
Lee, Pathong
Lindberg, Jason
Lombardi, Scott E
Long, Robert
Luckmann, Casey M
Marcelles, Kenneth M.
Marcinkiewicz, Jaroslaw
Mark A Schulz
Marshalek, Sandra A.
Marshall, Kevin
Mattson, Paul M.
Maxfield, Donald
Menges, Jesse
Menges, Jesse
Mercado, Timothy
Mercado, Timothy
Mhoog (Paul) Xiong
Morrone, Marco A.
Moua, Dang K.
Nakielski, James M.
Nakielski, James M.
Napierala, Michael R.
Negron Garcia, Ricardo
Netzel, Deborah J.
Neuens, Elmer
Neuens, Elmer
Nicholson, Jade
Ortmann, Orise
Parr, Brian M
Perez, Alonzo
Perez, Alonzo
PINTOR, ALVIN
Poeschl, Matthew Sr.
Pokrzywinski, Todd
Pozos-Montoya, Camilo
Pugens, Matthew M.
Pugens, Michael J.
Rabe, Kathryn A
Redwing, Christopher

$709.44
$103.62
$0.00
$33.71
$418.59
$0.00
$25.92
$53.48
$16.86
$126.03
$24.44
$9.87
$132.12
$0.00
$113.33
$0.00
$47.16
$34.56
$728.60
$17.28
$0.00

$506.74
$74.02
$0.00
$24.08
$209.29
$0.00
$18.52
$26.74
$8.43
$63.01
$12.22
$4.94
$66.06
$0.00
$56.66
$0.00
$23.58
$17.28
$520.43
$12.34
$0.00

$451.56
$777.41
$8.64
$776.95

$225.78
$555.29
$6.17
$554.97

$9.87

$44.44

$22.22

$69.12

$0.00
$769.40
$86.41
$881.02
$0.00
$854.77
$34.28
$242.94

$4.94

$49.37

$0.00
$549.57
$61.72
$629.30
$0.00
$610.55
$17.14
$121.47

$199.45
$1,048.34
$148.24
$963.20
$995.56
$8.64
$340.17

$99.73
$748.82
$105.89
$688.00
$711.11
$6.17
$170.08
5

$1,216.18
$177.64
$0.00
$57.80
$627.88
$0.00
$44.44
$80.22
$25.29
$189.04
$36.66
$14.81
$198.17
$0.00
$169.99
$0.00
$70.73
$51.84
$1,249.03
$29.62
$0.00
$14.81
$677.34
$1,332.70
$14.81
$1,331.92
$66.66
$0.00
$1,318.97
$148.12
$1,510.32
$0.00
$1,465.31
$51.43
$364.42
$5,118.50
$299.18
$1,797.16
$254.13
$1,651.20
$1,706.67
$14.81
$510.25

Reed, Joe
Rockteacher, Brian
Rogers, Sonya
Ronczka, Robert J.
Ruiz , Douglas Jr.
Rytman, Brian
Sansone, Nickolas
Sardina, Tim
Schwichtenberg, Tony
Shackelford, Robert
Shaffer, Sam
Sherman, Timothy J
Silvestre, Jose A.
Simpson, Kenan A.
Slade, Michael L.
Sowl, Carson
Stern, Vernon
Steward, William
Symiczek, Christopher J.
Tate, Darrel
Thao, Tong
Thavy, Grady
Thor, James
Tollefson, Steven C.
Trzecinski, Brian J.
Tucker, Derick
Tyler Pilat
Uphouse, Kersey
Vang, Cher Wa
Vincent, David
Walker, Earl
Weber, Elizabeth L.
Wehr Benjamin J
Weiss, Robert P
Weltzien, Jill M.
Wildt, James M.
Wilks, Johnny
Xiong, Mhoog(Paul)
Xiong, Soua
Xiong,Mhoog (Paul)
Yang, Bob
Yang, Nhiachue

$4.66
$970.89
$725.08
$163.24
$233.30
$0.00
$83.94
$662.59
$428.93
$360.45
$4.94
$9.32
$891.29
$46.15
$121.39
$26.20
$663.98
$72.12
$0.00
$0.00
$291.19
$386.83
$179.09
$492.18
$550.88

$2.33
$693.49
$517.91
$81.62
$166.64
$0.00
$41.97
$331.30
$214.47
$180.23
$2.47
$4.66
$636.64
$23.08
$60.69
$13.10
$474.27
$36.06
$0.00
$0.00
$145.60
$193.42
$89.55
$351.56
$275.44
$49.10

$34.56

$46.60
$0.00
$103.55
$105.71
$70.18
$303.50
$0.00

$24.55

$17.28

$23.30
$0.00
$51.77
$52.85
$35.09
$151.75
$0.00

$34.28
$281.99
$808.15
$55.92
$112.01
$0.00
$863.77
$707.24

$17.14
$201.42
$577.25
$27.96
$56.01
$0.00
$616.98
$505.17
6

$6.99
$1,664.38
$1,242.99
$244.86
$399.93
$0.00
$125.91
$993.89
$643.40
$540.68
$7.41
$13.98
$1,527.93
$69.23
$182.08
$39.31
$1,138.26
$108.18
$0.00
$0.00
$436.79
$580.25
$268.64
$843.74
$826.32
$73.65
$69.90
$0.00
$155.32
$158.56
$105.27
$455.25
$0.00
$51.84
$51.43
$483.41
$1,385.40
$83.88
$168.02
$0.00
$1,480.75
$1,212.40

Zorrilla, Alejandro H.
TOTALS
15.

$824.56

$588.97

$38,808.55 $25,699.69 $627.73 $358.80

$1,413.53
$70,494.77

The court ORDERS that the defendant shall make payment of

attorneys’ fees and costs, without any withholdings and to be reported on an
IRS 1099 form, to Plaintiffs’ Counsel, Hawks Quindel, S.C., within twenty-one
(21) days of the entry of this order, in the amount of $44,527.52.
16.

The court ORDERS the defendants shall deliver all payments

described in paragraphs 6 through 12 above within twenty-one (21) days of the
entry of this order to Plaintiffs’ Counsel at Hawks Quindel, S.C., Attn: Attorney
Larry A. Johnson, 222 E. Erie Street, Suite 210, Milwaukee, WI 53201.
17.

For any payment issued under paragraphs 6 through 12 above

that becomes null and void as a result of not being delivered or cashed within
ninety days of issuance, and
(a.)

if the total amount of the Wisconsin Settlement Fund and the FLSA
Settlement Fund that remains undeliverable or is otherwise not
cashed within ninety days after the final payment equals or
exceeds $7,500, it shall be reallocated to the individuals who did
cash their portion of the Wisconsin Settlement Fund and the FLSA
Settlement Fund. Within twenty-one days of the expiration of the
settlement checks, defendants shall deliver to Plaintiff’s Counsel
an accounting of unclaimed settlement funds (including name of
recipient and amount of checks not cashed). Plaintiff’s Counsel will
provide a re-allocation of the remaining funds and provide said re7

allocation to defendants. Defendants will, within twenty-one days
of receiving the re-allocation, deliver to Plaintiff’s Counsel the
reallocated checks provided for in the re-allocation; or
(b.)

if the total amount of the Wisconsin Settlement Fund and the FLSA
Settlement Fund that remains undeliverable or is otherwise not
cashed within ninety days after the final payment equals less than
$7,500, that amount shall be considered cy pres and defendants
shall pay that amount on a pro rata basis to The Employee Rights
Advocacy Institute for Law & Policy, 2201 Broadway, Suite 420,
Oakland, CA 94612. Within twenty-one days of the expiration of
the settlement checks, defendants shall deliver to Plaintiff’s
Counsel an accounting of unclaimed settlement funds (including
name of recipient and amount of checks not cashed). Within seven
days of Plaintiff’s Counsel’s approval, defendants shall mail a
check to the cy pres recipient, copying Plaintiff’s Counsel.

The court ORDERS that this case is DISMISSED WITH PREJUDICE,
and without further cost to either party.
Dated in Milwaukee, Wisconsin this 1st day of October, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

8