Riley v. Kirsan Engineering Inc

Filing 45

ORDER signed by Magistrate Judge William E Duffin on 5/2/2018 approving the parties' Settlement Agreement. (cc: all counsel)(mlm)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WISCONSIN
BROOKE RILEY,
Plaintiff,
v.

Case No. 17-CV-1361

KIRSAN ENGINEERING, INC.,
Defendant.

ORDER
The court having previously preliminarily approved the Parties’
settlement agreement (ECF No. 19-1), reviewed Plaintiffs’ Counsel’s Motion for
Attorneys’ Fees (ECF No. 38) and its supporting documents, and held a fairness
hearing regarding the same on May 2, 2018, IT IS HEREBY ORDERED:
1.

The Wisconsin law Settlement Class (“Rule 23 Class), consisting of

all individuals on the Parties’ settlement allocation (ECF No. 19-2) that have not
timely excluded themselves from the settlement, is CERTIFIED pursuant to FED.
R. CIV. P. 23;
2.

The FLSA Collective Class (“Collective Class”), consisting of all

individuals that have filed a consent to join their FLSA claims in this matter, is
CERTIFIED pursuant to 29 U.S.C. §216(b);

3.

The Settlement Agreement (ECF No. 19-1) is APPROVED as fair,

reasonable, and adequate as it applies to the Collective Class and the Rule 23
Class;
4.

Named Plaintiff Riley is APPOINTED as Class Representative for

the Settlement Classes;
5.

Hawks Quindel, S.C. is APPOINTED as Class Counsel for the

Settlement Classes;
6.

The Settlement Agreement is DECLARED to be binding on Kirsan,

Riley, the Collective Class, as well as all of the Rule 23 Class members who have
not been excluded;
7.

The Rule 23 Class members’ released Wisconsin claims are

DISMISSED WITH PREJUDICE;
8.

The Wisconsin law claims of the Rule 23 Class Members who have

properly and timely excluded themselves in full accordance with the procedures
set

forth in this

Settlement

Agreement

are

DISMISSED WITHOUT

PREJUDICE;
9.

The Collective Class Members’ released FLSA claims are

DISMISSED WITH PREJUDICE; and

10.

Class Counsel’s request for an award of attorneys’ fees and costs in

the amount of 1/3 of the settlement fund for a total of $32,164.00 is APPROVED
as reasonable and consistent with the market rate in similar cases.
11.

The Clerk shall enter judgment accordingly.

Dated at Milwaukee, Wisconsin this 2nd day of May, 2018.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge