Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Acuna v. So. Ne T.B.A. Supply Co.

United States District Court, D. Nevada

February 2, 2018

DANIEL ACUNA and JERRY SHAFFER, as individuals and on behalf of others similarly situated, Plaintiffs,
v.
So. Nev. T.B.A. Supply Co., a Nevada corporation, doing business as Ted Wiens Tire & Auto Centers, Defendant.

          ORDER REGARDING CLARIFICATION OF PROPOSED SETTLEMENT

          GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE

         The parties' joint motion to approve settlement requests preliminary approval and conditional certification of the “Mechanics Subclass” and “Technicians Subclass” as FLSA opt-in collective action classes pursuant to 29 U.S.C. § 216. Joint Motion (ECF No. 63), at 3-5. This is consistent with paragraphs 1.i. and 1.j. of the Stipulation and Agreement for Settlement and Release, which states that the members of those proposed classes are persons who “consent[] to be a party in the FLSA claims in the Action and to release claims subject to Court approval.” Joint Motion, Exhibit 1. at 2. The joint motion does not propose that the Uniform Subclass be conditionally certified as an FLSA collective action class pursuant to 29 U.S.C. § 216.

         With respect to certification of a Rule 23 class, the joint motion states:

The parties request that the Court, for purposes of settlement, certify the following Class and Subclasses pursuant to Rule 23 of the Federal Rules of Civil Procedure. Under the Settlement, the term “Class Members, ” when used generally, means those persons employed by Defendant during the Class Period of March 2, 2013 to January 31, 2017 and who fall within at least one of the Subclasses immediately below:
(i) “Mechanics Subclass, ” as described above.
(ii) “Technicians Subclass, ” as described above.
(iii) “Uniform Subclass, ” for which Daniel Acuna and Jerry Schaffer are the representatives, consists of those persons employed by Defendant during the Class Period who paid, through payroll deductions, fees to cover the costs of laundering their uniforms.

Joint Motion (ECF No. 63) at 6.

         The foregoing statement appears consistent with paragraph 9 of the Stipulation and Agreement for Settlement and Release which states:

9. Solely for purposes of settling this Action, the Parties stipulate and agree that the requisites for establishing an FLSA “class” for purposes of certifying a collective action of the Mechanics and Technicians Subclasses under 29 U.S.C. § 216(b) have been, and are, met. The Parties further stipulate and agree that the requisites for a Fed.R.Civ.P. 23 class certification have been, and are, met with respect to the Nevada state law claims asserted in this Action. More specifically, for purposes of this Settlement only, the Parties stipulate and agree:
a. The Settlement Class and including each of the subclasses in paragraphs 1(i), (j), and (k) above, is so numerous as to make it impracticable to join all Class Members.

Joint Motion, Exhibit 1, at 8.

         Thus, a reading of the joint motion and Stipulation and Agreement for Settlement and Release appears to contemplate the certification of a Rule 23 class that includes the Mechanics, Technicians, and Uniform subclasses. At the January 11, 2018 hearing, however, counsel for Plaintiffs and Defendant advised the Court that they do not request certification of the Mechanics or Technicians subclasses as part of the Rule 23 class. Rather, the only Rule 23 class will be the Uniform Class. The joint motion and Stipulation and Agreement for Settlement and Release should be amended to clarify this position.

         Pursuant to Rule 23, members of the Uniform Class who receive notice of the class action, and do not request exclusion, will be bound by the settlement if it is approved by the Court. Paragraph 1.bb. of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.