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Southerland v. The Hillshire Brands Company, 4:14-cv-165-KS. (2017)

Court: District Court, E.D. North Carolina Number: infdco20171212b58 Visitors: 2
Filed: Dec. 11, 2017
Latest Update: Dec. 11, 2017
Summary: ORDER GRANTING JOINT MOTION FOR FINAL CERTIFICATION OF FLSA COLLECTIVE ACTION; FOR FINAL APPROVAL OF SETTLEMENT; AND FOR FINAL APPROVAL OF ATTORNEY'S FEES, COSTS AND SERVICE AWARDS KIMBERLY SWANK , Magistrate Judge . The Court has considered the Joint Motion for Final Certification of FLSA Collective Action; For Final Approval of Settlement; and For Final Approval of Attorney's Fees, Costs and Service Awards ("Joint Motion for Final Approval"), filed by Plaintiffs Roger Southerland and Gwen
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ORDER GRANTING JOINT MOTION FOR FINAL CERTIFICATION OF FLSA COLLECTIVE ACTION; FOR FINAL APPROVAL OF SETTLEMENT; AND FOR FINAL APPROVAL OF ATTORNEY'S FEES, COSTS AND SERVICE AWARDS

The Court has considered the Joint Motion for Final Certification of FLSA Collective Action; For Final Approval of Settlement; and For Final Approval of Attorney's Fees, Costs and Service Awards ("Joint Motion for Final Approval"), filed by Plaintiffs Roger Southerland and Gwendolyn Dozier ("Named Plaintiffs") individually and on behalf of all FLSA Opt-In Plaintiffs ("Opt-Ins") ("Named Plaintiffs" and "Opt-Ins" collectively referred to as "Plaintiffs"), and Defendant The Hillshire Brands Company (collectively, the "Parties"). The Court has thoroughly reviewed the Settlement Agreement and carefully considered Plaintiffs' claims, the documents on record and the procedural history of this action and the preceding action entitled Anderson v. Sara Lee Corporation. At the hearing of this matter, the court orally announced findings of fact and conclusions of law, which are incorporated herein by reference, and ORDERED as follows:

1. The Court grants Final Certification of the collective action under 29 U.S.C. § 216(b) ("FLSA"), with the following defined eligible collective action members:

All employees and former employees who worked at Sara Lee or for "The Hillshire Brands Company" at the Tarboro, North Carolina, plan in an hourlyW production, maintenance, or boiler & refrigeration ("B&R") position anytime between September 2, 2011, and September 23, 2015.

2. The Court finds that the settlement was negotiated at arms length by the parties and hereby approves and confirms the Settlement embodied in the Settlement Agreement (Dkt. 69-1) as being a fair, reasonable and adequate settlement of a bona fide dispute between the parties, in light of the parties' respective prospects for success (or failure) were the case to proceed to trial on the merits.

3. The Court hereby approves the attorney's fees and costs sought by Class Counsel Alvin L. Pittman in the amount of $132,420.00 as reasonable.

4. The Court hereby approves the incentive/service awards to Named Plaintiffs Roger Southerland and Gwendolyn Dozier as reasonable in the amount of $3,000.00 to each Named Plaintiff;

5. Without affecting the finality of this Order, this Court retains exclusive jurisdiction over the consummation, performance, administration, effectuation, and enforcement of this Order. In addition, without affecting the finality of this Order, this Court retains jurisdiction over Defendant, the Named Plaintiffs, and each Collective Class Member for the purpose of enabling any of them to apply to the Court for such further orders and directions as may be necessary or appropriate for the construction and implementation of the terms of the Settlement Agreement and this Order.

6. The action is hereby dismissed in its entirety, on the merits, as against Defendant with prejudice.

SO ORDERED.

Source:  Leagle

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