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Walsh v. Its Logistics, LLC

United States District Court, D. Nevada

July 24, 2017

LISA WALSH, on behalf of herself and all others similarly situated, Plaintiffs,
v.
ITS LOGISTICS, LLC and DOES 1 through 50, inclusive, Defendants.

          THIERMAN BUCK, LLP Mark R. Thierman, Joshua D. Buck, Attorneys for Plaintiff Lisa Walsh, on behalf of herself and others similarly situated

          NIXON PEABODY LLP BRIAN V. ALCALA, admitted pro hac vice BRITTANY BOGAERTS, SETH NEULIGHT, admitted pro hac vice, DOTSON LAW Robert A. Dotson, Jill I. Greiner, Attorneys for Defendants

          ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          Honorable Miranda Du District Court 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 ...


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