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Botezatu v. Las Vegas Limousines, LLC

United States District Court, D. Nevada

June 6, 2017

EMIL BOTEZATU, on behalf of himself and all others similarly situated, Plaintiff,
v.
LAS VEGAS LIMOUSINES, LLC; and DOES 1 through 50, inclusive, Defendants.

          MARK R. THIERMAN, JOSHUA D. BUCK, LEAH L. JONES, THIERMAN BUCK LLP ATTORNEYS FOR PLAINTIFF EMIL BOTEZATU

          JOHN 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

         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 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:

         1. This 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.

         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 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.

         4. This 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.

         5. This 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 entitled thereto.

         6. It is ordered that the Settlement Class (as defined in the Stipulation of Settlement) is preliminarily certified for settlement purposes only.

         7. This Court confirms Plaintiff Emil Botezatu as Class Representative and Thierman Buck, LLP as Class Counsel.

         8. This Court confirms Class Action Administration, Inc. as Simpluris, Inc.

         9. To 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 ...


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