United States District Court, D. Nevada
BRANDY WELCH formerly known as BRANDY ROODE and HEATHER BLACKMUN, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
GOLDEN GATE CASINO, LLC, d/b/a GOLDEN GATE HOTEL & CASINO; and DOES 1 through 50, inclusive, Defendants.
THIERMAN BUCK LLP Mark R. Thierman, Nev. Bar No. 8285 Joshua
D. Buck, Nev. Bar No. 12187 Leah L. Jones, Nev. Bar No. 13161
Attorneys for Plaintiffs
ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL
APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT AND FOR
ATTORNEYS' FEES AND COSTS AND CLASS REPRESENTATIVE
ENHANCEMENT PAYMENTS
RICHARD F. BOULWARE, II United States District Judge
On
January 3, 2017, the Court considered Plaintiffs' Motion
for Final Approval of Collective and Class Action Settlement
and for Attorneys' Fees and Costs and Class
Representative Enhancement Payments and the papers submitted
in support thereof. Leah L. Jones of Thierman Buck, LLP
appeared on behalf of Plaintiffs, Brandy Hill (formerly known
as Brandy Roode and formerly known as Brandy Welch) and
Heather Blackmun, on behalf of themselves and all others
similarly situated (hereinafter “Plaintiffs”) and
Peter F. Klett, III of Dickinson Wright PLLC appeared on
behalf of Defendant, Golden Gate Casino, LLC. Having
considered Plaintiffs' Motion for Final Approval of
Collective and Class Action Settlement and for Attorneys'
Fees and Costs and Class Representative Enhancement Payments
and the papers submitted in support thereof, in recognition
of the Court's duty to make sure that a settlement, taken
as a whole, is fair, reasonable, and adequate and when
awarding attorney's fees in a class action, a court must
make sure that counsel is fairly compensated for the amount
of work done as well as for the results achieved, it is
hereby ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. All
terms used herein shall have the same meaning as defined in
the Settlement Agreement.
2. The
Court has jurisdiction over the subject matter of this Action
and over all Parties to this Action, including all Class
Members.
3.
Distribution of the Notice, Consent/Claim Form, and Exclusion
Form directed to the Class Members as set forth in the
Settlement Agreement and the other matters set forth therein
have been completed in conformity with the Preliminary
Approval Order, including individual notice to all Class
Members who could be identified through reasonable effort,
and as otherwise set forth in the Settlement Agreement. The
Notice provided due and adequate notice of the proceedings
and of the matters set forth therein, including the proposed
Settlement set forth in the Settlement Agreement, to all
persons entitled to such Notice, and the Notice fully
satisfied the requirements of due process. All Class Members
and all Released Claims are covered by and included within
the Settlement and the Court's Final Order and Judgment.
4. The
Court hereby finds the Settlement was entered into in good
faith. The Court further finds that Plaintiffs have satisfied
the standards and applicable requirements for final approval
of this class action settlement
5. The
Court hereby approves the Settlement set forth in the
Settlement Agreement and finds the Settlement is, in all
respects, fair, adequate and reasonable, and directs the
Parties to effectuate the Settlement according to its terms.
The Court finds that the Settlement has been reached as a
result of serious and non-collusive, arms-length
negotiations. The Court further finds the Parties have
conducted extensive investigation and research, and counsel
for the Parties are able to reasonably evaluate their
respective positions. The Court also finds the Settlement at
this time will avoid additional substantial costs, as well as
avoid the delay and risks that would be presented by the
further prosecution of the Action. The Court has reviewed the
benefits that are being granted as part of the Settlement and
recognizes the significant value to the Class Members. The
Court also finds the Class is properly certified as a class
for settlement purposes only. The Court also hereby finds
there were no objections to the Settlement filed prior to or
raised by any person on the record at the Final Approval
Hearing that change the Court's decision to approve the
Settlement.
6. As
of the date of the Court's Final Order and Judgment, each
and every Class Member is and shall be deemed to have
conclusively released the Released Claims as against the
Released Parties. As of the date of the Court's Final
Order and Judgment, each and every Class Member who has not
submitted a valid Request for Exclusion hereby releases and
is forever barred and enjoined from instituting or
prosecuting the Released Claims, except as to such rights or
claims as may be created by the Settlement, against the
Released Parties from December 17, 2009 up to and including
the date of the Court's Final Order and Judgment. In
addition, as of the date of the Court's Final Order and
Judgment, each Class Member who has not submitted a valid
Request for Exclusion is forever barred and enjoined from
instituting or accepting damages or obtaining relief against
the Released Parties relating to the Released Claims from
December 17, 2009 up to and including the date of the
Court's Final Order and Judgment.
7.
Neither the Settlement nor any of the terms set forth in the
Settlement Agreement is an admission by the Released Parties,
nor is the Court's Final Order and Judgment Dismissing a
finding of the validity of any claims in the Action or of any
wrongdoing by the Released Parties. Neither the Court's
Final Order and Judgment, the Settlement Agreement, nor any
document referred to herein, nor any action taken to carry
out the Settlement Agreement is, may be construed as, or may
be used as, an admission by or against the Released Parties,
of any fault, wrongdoing or liability whatsoever. The
entering into or carrying out of the Settlement Agreement,
and any negotiations or proceedings related thereto, shall
not in any event be construed as, or deemed to be evidence
of, an admission or concession with regard to the denials or
defenses by the Released Parties, and shall not be offered in
evidence in any action or proceeding in any court,
administrative agency or other tribunal for any purpose
whatsoever other than to enforce the provisions of the
Court's Final Order and Judgment, the Settlement
Agreement, the Released Claims, or any related agreement or
release. Notwithstanding these restrictions, any of the
Released Parties may file in the Action, or submit in any
other proceeding, the Court's Final Order and Judgment,
the Settlement Agreement, and any other papers and records on
file in the Action as evidence of the Settlement to support a
defense of res judicata, collateral
estoppel, release, or other theory of claim or issue
preclusion or similar defense as to the Released Claims.
8. The
Court also hereby finds and orders that the Settlement
Agreement is and constitutes a fair, reasonable and adequate
compromise of the Released Claims against the Released
Parties.
9. The
Court hereby enters judgment in the Action, as of the date of
entry of the Court's Final Order and Judgment, pursuant
to the terms set forth in the Settlement Agreement. Without
affecting the finality of the Court's Final Order and
Judgment in any way, the Court hereby retains continuing
jurisdiction over the interpretation, implementation and
enforcement of the Settlement, and all orders entered in
connection therewith.
10. The
settlement in the maximum amount of Seven Hundred Fifty
Thousand and 00/100 Dollars ($750, 000.00) as reached between
the Parties is found to be fair, reasonable and adequate in
light of the facts and law presented in this case, and the
Settlement is hereby granted final approval.
11.
Thierman Buck, LLP are hereby appointed and designated as
counsel for the Class Representatives and the Settlement
Class (“Class Counsel”). Class Counsel is
authorized to act on behalf of the Settlement Class with
respect to all acts or consents required by or which may be
given pursuant to the Settlement ...