United States District Court, D. Nevada
EMIL BOTEZATU, on behalf of himself and all others similarly situated, Plaintiff,
LAS VEGAS LIMOUSINES, LLC; and DOES 1 through 50, inclusive, Defendants.
R. THIERMAN, JOSHUA D. BUCK, LEAH L. JONES, THIERMAN BUCK LLP
ATTORNEYS FOR PLAINTIFF EMIL BOTEZATU
H. MOWBRAY, AMY ABDO, KEVIN M. GREEN, ATTORNEYS FOR DEFENDANT
LAS VEGAS LIMOUSINES, LLC
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
RICHARD F. BOULWARE, II United States District Judge
PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
Application for Preliminary Approval of a Class Action
Settlement came before this Court, the Honorable Richard F.
Boulware presiding, on June 5, 2017. This Court, having
considered the papers submitted in support of the application
of the parties, HEREBY ORDERS THE FOLLOWING:
Court grants preliminary approval of the settlement based
upon the terms set forth in the First Amended Joint
Stipulation of Settlement and Release between Plaintiff and
Defendant (“Stipulation of Settlement”) filed
herewith. The settlement appears to be fair, adequate and
reasonable to the Class.
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.
final fairness hearing on the question of whether the
proposed settlement, attorneys' fees to Class Counsel,
and the Class Representative and Class Declarant Enhancement
Awards 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.
Court approves, as to form and content: (i) the Notices of
Pendency of Class Action, Proposed Class Action Settlement,
and Hearing Date for Court Approval for Class Members
(“Notices of Pendency of Class Action”), in
substantially the form attached to the Stipulation of
Settlement as Exhibit C; and (ii) 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 Notices of Pendency of Class Action.
Court directs the mailing of the Notice of Pendency of Class
Action and the Exclusion Form by first class mail to the
Class Members in accordance with Stipulation of Settlement
and the schedule set forth below. This Court finds the dates
selected for the mailing and distribution of the Notices of
Pendency of Class Action 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
is ordered that the Settlement Class (as defined in the
Stipulation of Settlement) is preliminarily certified for
settlement purposes only.
Court confirms Plaintiff Emil Botezatu as Class
Representative and Thierman Buck, LLP as Class Counsel.
Court confirms Class Action Administration, Inc. as
facilitate administration of the settlement pending final
approval, this Court hereby enjoins Plaintiff and all Class
Members from filing or prosecuting any claims, suits or
administrative proceedings (including filing claims with the
Nevada Office of the Labor Commissioner and the U.S.
Department of Labor) regarding claims released by the
settlement unless and until such Class Members have filed
valid Requests for ...