Luebke v. Wisconsin Electric Power Company et al

Filing 79

FINAL ORDER APPROVING SETTLEMENT, AWARDING ATTORNEYS' FEES AND COSTS, AND APPROVING SERVICE PAYMENT. Signed by Magistrate Judge William E Duffin on 2/12/2019. (cc: all counsel) (mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

PETER LUEBKE,
individually, and on behalf of
all other similarly situated,
Plaintiff,
v.

Case No. 17-CV-969

WISCONSIN ELECTRIC POWER COMPANY
d/b/a WE ENERGIES,
Defendant.

FINAL ORDER APPROVING SETTLEMENT, AWARDING
ATTORNEYS’ FEES AND COSTS, AND APPROVING SERVICE
PAYMENT
On February 12, 2019, the court conducted a fairness hearing on the parties’
proposed Amended Settlement Agreement. (ECF No. 68-1.) The court previously granted
preliminary approval of the Settlement Agreement on November 8, 2018 (ECF No. 66)
and granted preliminary approval of the Amended Settlement Agreement on December
28, 2018 (ECF No. 69). At the fairness hearing, the court found that the Amended
Settlement Agreement was fair, reasonable, and adequate. The court GRANTS plaintiff’s
unopposed motion for final approval (ECF No. 75) and ORDERS as follows:

1. The court APPROVES the Amended Settlement Agreement in its entirety, and
finds that the Amended Settlement Agreement meets the requirements of federal
law, relevant state law, and due process.
2. The court FINDS that the settlement terms negotiated by the parties and described
in the Amended Settlement Agreement are a fair and reasonable resolution of a
bona fide dispute between the Defendant, Peter Luebke, the certified Rule 23 Plant
Electrician Class Members, Rule 23 Hourly Employee Class Members, Collective
Plant Electrician Class Members, and Collective Hourly Employee Class Members.
3. The court CERTIFIES the Rule 23 Plant Electrician Class, Rule 23 Hourly
Employee Class, Collective Plant Electrician Class, and Collective Hourly
Employees Class.
4. The court ORDERS that Hawks Quindel, S.C. shall serve as Class Counsel for the
Rule 23 Plant Electrician Class, Rule 23 Hourly Employee Class, Collective Plant
Electrician Class, and Collective Hourly Employee Class.
5. The court ORDERS that Peter Luebke shall serve as representative for the certified
Rule 23 Plant Electrician Class, Rule 23 Hourly Employee Class, Collective Plant
Electrician Class, and Collective Hourly Employee Class.
6. The court ORDERS that the Amended Settlement Agreement is binding on the
Defendant, Peter Luebke, the certified Rule 23 Plant Electrician Class Members,
Rule 23 Hourly Employee Class Members, Collective Plant Electrician Class

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Members, and Collective Hourly Employee Class Members who have not
excluded themselves.
7. The court ORDERS that the clerk shall enter judgment against the Defendant in
the total amount of $4,236,231.10, inclusive of attorneys’ fees.
8. The court FINDS the service award of $25,000.00 to the Named Plaintiff, Peter
Luebke, 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 common fund, $1,412,077.00, is reasonable. The court further FINDS
that costs in the amount of $6,387.39 are fair and reasonable. The court GRANTS
Plaintiff’s Motion for an Award of Attorneys’ Fees and Costs (ECF No. 70) and
AWARDS Hawks Quindel, S.C. a total of $1,418,464.39 in fees and costs.
10. As provided in the Amended Settlement Agreement, the court ORDERS
Defendant to, within fourteen business days of this Order,
a. Deliver to Hawks Quindel, S.C. checks issued to the Class Members in the
amounts provided for in the columns “Updated W2 Payment,” “Updated
1099 Payment,” and “Service (1099) Payment” in Exhibit A to the Amended
Settlement Agreement (ECF No. 68-2); and
b. Deliver to Hawks Quindel, S.C. $1,418,464.39 for attorneys’ fees and costs.
11. The court DISMISSES with prejudice and releases:

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a. the Rule 23 Plant Electrician Class Members’, as identified on Exhibit A to
the Amended Settlement Agreement (ECF No. 68-2), state or local law
statutory or common law claims against Defendant for unpaid overtime
arising from attendance at mandatory pre-shift changeover/turnover
meetings, between July 4, 2015 and January 1, 2019;
b. the Rule 23 Hourly Employee Class Members’, as identified on Exhibit A to
the Amended Settlement Agreement (ECF No. 68-2), state or local law
statutory or common law claims against Defendant arising from attendance
at mandatory pre-shift changeover/turnover meetings, between January 29,
2016 and January 1, 2019;
c. all members of the Collective Plant Electrician Class Members’, as identified
on Exhibit A to the Amended Settlement Agreement (ECF No. 68-2), FLSA
claims against Defendant for unpaid overtime arising from attendance at
mandatory pre-shift changeover/turnover meetings between July 14, 2014,
and January 1, 2019; and
d. all members of the Collective Hourly Employee Class Members’, as
identified on Exhibit A to the Amended Settlement Agreement (ECF No.
68-2), FLSA claims against Defendant for unpaid overtime arising from
attendance at mandatory pre-shift changeover/turnover meetings between
January 29, 2015 and January 1, 2019.

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SO ORDERED.
Dated at Milwaukee, Wisconsin this 12th day of February, 2019.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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