Luebke v. Wisconsin Electric Power Company et al

Filing 82

ORDER signed by Magistrate Judge William E Duffin on 3/14/2019. The court approves the parties' stipulation (ECF No. 81 ) and the Amended Settlement Agreement (ECF No. 68 -1) is amended accordingly. All other provisions remain the same. (cc: all counsel) (mlm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
PETER LUEBKE,
individually, and on behalf of
all others similarly situated,
Plaintiff,

CASE NO. 17-cv-969-WED

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

ORDER

The parties have stipulated to amend the Amended Settlement Agreement (ECF
No. 68-1) as follows:
1. Section IV(I)(3) shall state that: “We Energies will pay the amounts
allocated to Class Members who are classified as active employees within its
HRIS systems (“Active Employee Class Members”) from the Wage
Settlement Fund and/or Additional Wage Settlement Fund on its next
regularly scheduled payroll date, via direct deposit, to an employee’s
current account designation(s), on March 15, 2019. The payments from the

Wage Settlement Fund and/or Additional Wage Settlement Fund to Active
Employee Class Members will be treated as a separate line item on the
Active Employee Class Members’ electronic pay stubs, will be subject only
to

applicable

state,

federal,

and

court-ordered

deductions

and

withholdings, and will not be otherwise subject to further deduction or
characterization.”
2. Section IV(I)(3) shall further state that: “On or before March 15, 2019, Rust
Consulting, a third-party settlement administrator, shall provide Plaintiff’s
Counsel separate checks for all other payments due under the Amended
Settlement agreement, specifically: payments to Active Employee Class
Members from the 1099 Penalty Settlement Fund and Additional 1099
Penalty Settlement Fund; payments to those Class Members who are not
currently “active employees” in We Energies’ HRIS systems (“Inactive
Class Members”) from the Wage Settlement Fund, Additional Wage
Settlement Fund, 1099 Penalty Settlement Fund, and Additional 1099
Penalty Settlement Fund; the Service Payment to Peter Luebke; and the
Attorneys’ fee payment to Plaintiff’s Counsel.”
The court approves the parties’ stipulation (ECF No. 81) and the Amended
Settlement Agreement (ECF No. 68-1) is amended accordingly. All other provisions
remain the same.

SO ORDERED.
Dated at Milwaukee, Wisconsin this 14th day of March, 2019.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge