WALSH v. ITS LOGISTICS, LLC, 3:16-cv-00607-MMD-WGC. (2017)
Court: District Court, D. Nevada
Number: infdco20170725b82
Visitors: 7
Filed: Jul. 24, 2017
Latest Update: Jul. 24, 2017
Summary: ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT MIRANDA DU , 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 Miranda Du presiding, on July 24, 2017. 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 and the S
Summary: ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT MIRANDA DU , 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 Miranda Du presiding, on July 24, 2017. 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 and the Se..
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ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
MIRANDA DU, 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 Miranda Du presiding, on July 24, 2017. 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 and the Settlement Class based upon the terms set forth in the Settlement Agreement and Release between Plaintiff and Defendant ("Stipulation of 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 to Class Counsel, and the Class Representative Enhancement Awards should be finally approved as fair, reasonable and adequate as to the members of the Class is scheduled in accordance with the Implementation Schedule set forth below.
4. This Court approves, as to form and content, the Notice of Pendency of Class Action, Proposed Class Action Settlement, Dispute Form and Opt-Out Form and Hearing Date for Court Approval ("Notice of Pendency of Class Action"), in substantially the form attached as Exhibit A to the Settlement Agreement. 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 Pendency of Class Action.
5. This Court directs the mailing of the Notice of Pendency of Class Action by first class mail to the Class Members in accordance with the Implementation Schedule set forth below. This Court finds the dates selected for the mailing and distribution of the Notice of Pendency of Class Action, as set forth in the Implementation 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 Settlement Class is preliminarily certified for settlement purposes only.
7. This Court confirms Plaintiff Lisa Walsh as Class Representative and Thierman Buck, LLP as Class Counsel.
8. This Court confirms Simpluris as the Claims Administrator.
10. This Court orders the following Implementation Schedule for further proceedings:
a. Deadline for Defendant to Submit August 15, 2017
Class Member Information to [20 calendar days after Order
Claims Administrator granting Preliminary Approval]
b. Deadline for Claims August 24, 2017
Administrator to Mail the Notice [30 calendar days after Order
of Pendency of Class Action to granting Preliminary Approval]
Class Members
c. Deadline for Class Members to September 24, 2017
Postmark Requests for Disputes, [30 calendar days after initial
or Opt-Outs mailing of the Notice of Pendency
of Class Action to Class Members]
d. Deadline for Receipt by Court and September 24, 2017
Counsel of any Objections to [30 calendar days after initial
Settlement mailing of the Notice of Pendency
of Class Action to Class Members]
e. Deadline for Class Counsel to file September 30, 2017
Motion for Final Approval of
Settlement, Attorneys' Fees, [7 calendar days before Final
Costs, and Enhancement Award Approval Hearing]
f. Final Fairness and Approval October 30, 2017 at 1:30
Hearing P.M. in Reno Courtroom 5.
g. Deadline for Defendant to Fund November 14, 2017
Settlement Account maintained
by Claims Administrator [15 days after Effective Date of
Final Approval Order]
h. Deadline for Claims December 4, 2017, 2017
Administrator to wire transfer the
Attorneys' Fees and Costs to [10 calendar days after Defendant
Class Counsel (if Settlement is Funds Settlement Account]
Effective)
i. Deadline for Claims Decenber 14, 2017
Administrator to mail the
Settlement Awards to Class [10 days after Defendant Funds
Members and the Enhancement Settlement Account]
Awards to Class Representatives
(if Settlement is Effective)
j. Claims Administrator to File January 30, 2017 2018.
Proof of Payment of Settlement
Awards, Enhancement Award, [90 calendar days after Effective
Attorneys' Fees and Costs (if Date of Final Approval Order]
Settlement is Effective)
IT IS SO ORDERED.
Source: Leagle
