Filed: Feb. 09, 2016
Latest Update: Feb. 09, 2016
Summary: ORDER ON JOINT MOTION FOR PRELIMINARY APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT MARCIA S. KRIEGER , District Judge . This MATTER comes before the Court on the parties' Joint Motion for Preliminary Approval of Proposed 29 U.S.C. 216(b) Collective and Fed. R. Civ.P. 23 Class Action Settlement ( #72 ) and the Plaintiff's Supplement to Joint Motion for Preliminary Approval of Proposed 29 U.S.C. 216(b) and Fed. R. Civ. P. 23 Class Action Settlement ( #78). Plaintiffs in this case
Summary: ORDER ON JOINT MOTION FOR PRELIMINARY APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT MARCIA S. KRIEGER , District Judge . This MATTER comes before the Court on the parties' Joint Motion for Preliminary Approval of Proposed 29 U.S.C. 216(b) Collective and Fed. R. Civ.P. 23 Class Action Settlement ( #72 ) and the Plaintiff's Supplement to Joint Motion for Preliminary Approval of Proposed 29 U.S.C. 216(b) and Fed. R. Civ. P. 23 Class Action Settlement ( #78). Plaintiffs in this case ..
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ORDER ON JOINT MOTION FOR PRELIMINARY APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT
MARCIA S. KRIEGER, District Judge.
This MATTER comes before the Court on the parties' Joint Motion for Preliminary Approval of Proposed 29 U.S.C. § 216(b) Collective and Fed. R. Civ.P. 23 Class Action Settlement (#72) and the Plaintiff's Supplement to Joint Motion for Preliminary Approval of Proposed 29 U.S.C. § 216(b) and Fed. R. Civ. P. 23 Class Action Settlement (#78).
Plaintiffs in this case are migrant farm workers who were employed by Defendants Star Farms, Inc. and Angelo Palombo (collectively, "Star Farms"). The named Plaintiffs, Ms. Juana Armijo and Mr. Apolinar Valenzuela Ramos, brought a collective action under 29 U.S.C. § 216(b) for violations of the Fair Labor Standards Act (FLSA) and a class action under Fed. R. Civ. P. 23(e)(1)(B) for violations of the Agricultural Worker's Protection Act (AWPA) on behalf of themselves and others similarly-situated.
After a settlement conference with the Magistrate Judge, the Plaintiffs and Star Farms reached an agreement whereby Star Farms would make a series of payments into a fund to be distributed incrementally to putative class members who file a claim.
In the Joint Motion for Preliminary Approval, the parties requested the Court certify this matter as an FLSA collective action, and the parties sought a Court order approving the Settlement Agreement (#72-1), as well as their Proposed Notice Form (#72-2), Claim Form (#72-3), and Opt-Out Form (#72-4). Upon reviewing the parties' submissions, the Court set a hearing to address concerns with the Proposed Notice and objections procedures. At the hearing, the Court granted certification as a Rule 23 class action (#75). As for designation as an FLSA collective action, the Court temporarily denied the motion and directed the parties to file a Supplement to the Joint Motion for Preliminary Approval. After review of the Supplement to the Motion, the Court GRANTS the Joint Motion for Preliminary Approval subject to the following conditions.
The Court finds that a sufficient showing has been made to designate this action as an FLSA collective action. The Court finds that the putative collective action members are similarly-situated, and, having reviewed the Settlement Agreement, believes it is the product of informed negotiations, does not treat certain putative members preferentially, and has no remaining obvious inadequacies. The Court is likewise satisfied that the Notice, Claim Form, and Opt-Out form are sufficient (#78-1, 78-2, 78-3) and Plaintiffs may distribute the Notice by the means proposed in the Supplement to the Joint Motion for Preliminary Approval. A copy of this Order shall be included with the Notice. By this Order, the Court adopts and incorporates the following deadlines proposed by the parties:
Deadline Event
Defendants will provide to the Settlement
Within twenty-one (21) calendar days of the Administrator a list, in electronic form, of the
Preliminary Approval Date names, last known addresses, and Social
Security numbers (if known) of all putative
Settlement Class members during the applicable
class period. Defendants shall also provide a
copy of this information to Plaintiffs' counsel.
Plaintiffs will supply the Settlement
Within thirty-five (35) calendar days of the Administrator with a list of the minimum
Preliminary Approval Date. amounts due to each Settlement Class Member.
The Settlement Administrator shall mail notice
Within fifty-six (56) calendar days of the of this Settlement to all putative Settlement
preliminary approval date. Class Members by first-class mail in the form
approved by the Court.
The Settlement Administrator shall place an ad
Within twenty-eight (28) calendar days after in the legal notices section of El Semanario
June 1, 2016 newspaper consisting of a summary of the
Class Notice and Plaintiffs' counsel's contact
information. This notice shall run for at least
two weeks.
Any opt-outs and claims must be post-marked
November 4, 2016 or received by the Settlement Administrator.
Any objections must be post-marked or
November 4, 2016 received by the Court or the Settlement
Administrator.
The Settlement Administrator shall report to
the Parties concerning the identity of each
On or before December 1, 2016 potential Settlement Class Member who has
filed a claim, each who has objected, and each
who has opted out.
Within twenty-one (21) calendar days of the The parties shall file a Joint Motion with the
receipt of the Settlement Administrator report Court for Final Approval of the Settlement and
to confirm the date of a Final Fairness Hearing.
Suggested date for Final Approval and
After January 1, 2017 Fairness Hearing
The Court hereby GRANTS the Joint Motion for Preliminary Approval of Proposed Class Action Settlement (#72) and Supplement to the Joint Motion for Preliminary Approval (#78) subject to any conditions set forth in this Order.
