United States District Court, D. Nevada
LISA WALSH, on behalf of herself and all others similarly situated, Plaintiffs,
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
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
Honorable Miranda Du District Court Judge
PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
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:
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.
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 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.
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
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.
is ordered that the Settlement Class is preliminarily
certified for settlement purposes only.
Court confirms Plaintiff Lisa Walsh as Class Representative
and Thierman Buck, LLP as Class Counsel.
Court confirms Simpluris as the Claims Administrator.
This Court orders the following Implementation