SULLIVAN v. RIVIERA OPERATING CORPORATION, 2:14-cv-00165-APG-VCF. (2015)
Court: District Court, D. Nevada
Number: infdco20151102b88
Visitors: 18
Filed: Oct. 26, 2015
Latest Update: Oct. 26, 2015
Summary: ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT ANDREW P. GORDON , District Judge . TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: The Application for Preliminary Approval of a Class Action Settlement came before this Court, the Honorable Andrew Gordon presiding, on October 30, 2015 . This Court, having considered the papers submitted in support of the application of the parties, HEREBY ORDERS THE FOLLOWING: 1. This Court grants preliminary approval of the Settleme
Summary: ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT ANDREW P. GORDON , District Judge . TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: The Application for Preliminary Approval of a Class Action Settlement came before this Court, the Honorable Andrew Gordon presiding, on October 30, 2015 . This Court, having considered the papers submitted in support of the application of the parties, HEREBY ORDERS THE FOLLOWING: 1. This Court grants preliminary approval of the Settlemen..
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ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
ANDREW P. GORDON, District Judge.
TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
The Application for Preliminary Approval of a Class Action Settlement came before this Court, the Honorable Andrew Gordon presiding, on October 30, 2015. This Court, having considered the papers submitted in support of the application of the parties, HEREBY ORDERS THE FOLLOWING:
1. This Court grants preliminary approval of the Settlement based upon the terms set forth in the Settlement Agreement and Release between Plaintiffs and Defendant ("Settlement") filed herewith. The Settlement appears to be fair, adequate and reasonable to the Class.
2. The Settlement falls within the range of reasonableness and appears to be presumptively valid, subject only to any objections that may be raised at the final fairness hearing and final approval by this Court.
3. A final fairness hearing on the question of whether the proposed Settlement, attorneys' fees and costs to Class Counsel, the Enhancement Payment to Class Representatives, the Enhancement Payment to Opt-in Plaintiffs, and the Settlement Administrator fees, should be finally approved as fair, reasonable and adequate as to the members of the Class is scheduled in accordance with the schedule set forth below.
4. This Court approves, as to form and content, the Notice of Settlement, in substantially the form attached to the Settlement as Exhibit B, the Settlement Claim Form, in substantially the form attached thereto as Exhibit C, and the Exclusion Form, in substantially the form attached thereto as Exhibit D. This Court approves the procedure for Class Members to participate in, to opt out of and to object to, the Settlement as set forth in the Notice of Settlement.
5. This Court directs the mailing of the Notice of Settlement, Settlement Claim Form, and the Exclusion Form by first class mail to the Class Members in accordance with the schedule set forth below. This Court finds the dates selected for the mailing and distribution of the Notice, Settlement Claim Form, and the Exclusion Form, as set forth in the schedule, meet the requirements of due process and provide the best notice practicable under the circumstances and shall constitute due and sufficient notice to all persons entitled thereto.
6. It is ordered that the Class is preliminarily certified for settlement purposes only. and Blanca Aguilar as Class Representatives.
8. This Court confirms Thierman Buck LLP as Class Counsel.
9. This Court confirms CPT Group, Inc. as the Settlement Administrator.
10. This Court orders the following schedule for further proceedings:
a. Deadline for Defendant to Submit November 13, 2015
Class Member Information to [14 calendar days after Order granting
Claims Administrator Preliminary Approval]
b. Deadline for Claims Administrator November 20, 2015
to Mail the Notice and the [21 calendar days after Order granting
Exclusion Form to Class Members Preliminary Approval]
c. Deadline for Class Members to December 21, 2015
Postmark Settlement Claim Forms [30 calendar days after mailing of the
Notice packet]
c. Deadline for Class Members to December 21, 2015
Postmark Exclusion Forms [30 calendar days after mailing of the
Notice packet]
d. Deadline for Receipt by Court and December 21, 2015
Counsel of any Objections to [30 calendar days after mailing of the
Settlement Notice packet]
e. Deadline for Class Counsel to file January 6, 2016
Motion for Final Approval of [14 calendar days before Final
Settlement, Attorneys' Fees, Costs, Approval Hearing]
Enhancement Payments, and
Settlement Administrator Fees
g. Deadline for Class Counsel to File January 6, 2016
Declaration from Claims [14 calendar days before Final
Administrator of Due Diligence Approval Hearing]
and Proof of Mailing
h. Final Fairness Hearing and Final Wednesday, January 6, 2016
Approval at 2:30 p.m.
i. Deadline for Defendant to deposit January 25, 2016
the remainder of Global Settlement [5 calendar days after the Final
Fund into a qualified settlement Fairness and Final Approval hearing]
fund.
j. Deadline for Settlement January 28, 2016
Administrator to mail the [7 calendar days after Effective Date]
Settlement Awards and the
Enhancement Awards, and to wire
transfer the Attorneys' Fees and
Costs (if Settlement is Effective)
k. Claims Administrator to File Proof April 21, 2016
of Payment of Settlement Awards, [90 calendar days after Effective
Enhancement Awards, Attorneys' Date]
Fees and Costs (if Settlement is
Effective)
IT IS SO ORDERED.
Source: Leagle
