Venechuk, Kyle v. Grande Cheese Company

Filing 27

ORDER granting 19 Motion for Final Approval of Settlement Agreement; granting 22 Unopposed Motion for Attorney Fees and Costs. Class counsel awarded attorney fees and costs in the amount of $281,062.70. Signed by District Judge Barbara B. Crabb on 11/20/2013. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

KYLE VENECHUK,
individually and on behalf of others
similarly situated and the
Wisconsin Rule 23 Class,

Court File No. 3:13-CV-54
District Judge Barbara B. Crabb

Plaintiff,

v.
GRANDE CHEESE COMPANY,
Defendant.

ORDER GRANTING JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT

This action is before the Court on the Parties' Joint Motion for Final Approval of
Settlement and Class Counsel's petition for fees and costs. Plaintiff Kyle Venechuck, on behalf
of himself, the FLSA Collective and Rule 23 Class Members, filed a motion for final approval of
the settlement set forth in the Parties' Stipulation of Settlement and Release of Claims (the
"Settlement").
By Order dated September 20, 2013 (ECF No. 18), the Court preliminarily approved the
Settlement and conditionally certified an FLSA Collective and Rule 23 Class for settlement
purposes only (the "Preliminary Approval Order"). Due and adequate notice having been given
to the FLSA Collective and Rule 23 Class Members (collectively "Settlement Class Members")

in compliance with the procedures set forth in the Settlement and the Preliminary Approval
Order, and having considered the motion and Settlement and exhibits thereto, IT IS HEREBY
ORDERED:
1.

Except as otherwise specified herein, the Court for purposes of this Order adopts

all defined terms as set forth in the Settlement.
2.

This Court has jurisdiction over the subject matter of this litigation and all matters

relating thereto, and over the FLSA Collective and Rule 23 Class Members and the Defendant.
3.

This Court confirms as final all portions of its September 20, 2013 Preliminary

Approval Order.
4.

The Notice of Settlement given to the Settlement Class Members, pursuant to this

Court's Order, constituted the best notice practicable under the circumstances, was accomplished
in all material respects, and fully met the requirements of Rule 23(e) of the Federal Rules of
Civil Procedure and due process.
5.

Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, this Court grants

final approval of the Settlement and the settlement terms set forth therein. The Court finds that
the settlement is fair, reasonable, and adequate in all respects and that it is binding on all Rule 23
Class Members who did not timely opt out pursuant to the procedures set forth in the Settlement
and the Notice distributed to the Settlement Class Members.
6.

The Court further finds that the Settlement is rationally related to the strength of

the Settlement Class Members' claims given the Defendant's offer, the complexity, length, and
expense of further litigation.
7.

The Court also finds that the Settlement is the result of arm's-length negotiations

between experienced counsel representing the interests of the Settlement Class Members and
Defendant, after thorough factual and legal investigation, with no evidence of collusion.
8.

The Court further finds that the response of the Settlement Class Members to the

settlement supports settlement approval. Of the 896 Settlement Class Members only 20 Class
Members opted-out. No Settlement Class Member objected to the Settlement.

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9.

The Court finds that the proposed plan of final allocation is rationally related to

the relative strengths of the respective claims asserted. The mechanisms and procedures set forth
in the Settlement by which payments are to be calculated and made to the participating FLSA
Collective and Rule 23 Class Members are fair, reasonable, and adequate, and payment shall be
made according to those allocations and pursuant to the procedure set forth in the Settlement.
10.

The Court finds that the proposed incentive award to the Named Plaintiff is

reasonable and appropriate. The Court further finds that the Named Plaintiff took significant
steps to protect the interests of the class, that the class reaped substantial benefits from his
actions, and that the amount of time and effort the Named Plaintiff expended in pursuing the
litigation was significant.
11.

The Complaint filed in this action and all claims contained therein are dismissed

in their entirety with prejudice as to all FLSA Collective and Rule 23 Class Members.
12.

The Court finds that Class Counsel's petition for an award of attorneys' fees and

cost is fair and reasonable and awards Class Counsel 33 113 % of the common fund, or
$281,062.70, as attorneys' fees and costs.
13.

The parties entered into the Settlement solely for the purpose of compromising

and settling disputed claims. Defendant in no way admits any violation of law or any liability
whatsoever to the Settlement Class Members, individually or collectively, all such liability being
expressly denied by Defendant.
14.

The Court retains jurisdiction over this matter for purposes of resolving issues

relating to administration, implementation, and enforcement of the Settlement.

It is ORDERED

this~o""day of A.Jo"~~, 2013

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~~~
Honorable Barbara B. Crabb
United States District Court Judge

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