United States District Court, D. Nevada
DANIEL ACUNA and JERRY SHAFFER, as individuals and on behalf of others similarly situated, Plaintiffs,
So. Nev. T.B.A. Supply Co., a Nevada corporation, doing business as Ted Wiens Tire & Auto Centers, Defendant.
ORDER REGARDING CLARIFICATION OF PROPOSED
FOLEY, JR. UNITED STATES MAGISTRATE JUDGE
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.
respect to certification of a Rule 23 class, the joint motion
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
(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.
foregoing statement appears consistent with paragraph 9 of
the Stipulation and Agreement for Settlement and Release
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.
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
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 ...