United States District Court, D. Nevada
GLENN DEWEESE and JOSHUA HOLTOM, on behalf of themselves and all others similarly situated, Plaintiffs,
ITS NATIONAL, LLC; and DOES 1 through 50, inclusive, Defendants.
R. Thierman, Nev. Bar No. 8285, Joshua D. Buck, Nev. Bar No.
12187, Leah L. Jones, Nev. Bar No. 13161, THIERMAN BUCK, LLP
Attorneys for Plaintiffs
A. Dotson (NSB No. 5285), Jill I. Greiner (NSB No. 4276),
DOTSON LAW Attorneys for Defendants
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION
PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
Application for Preliminary Approval of a Class Action
Settlement came before this Court, the Honorable Miranda M.
Du presiding, on March 19 2019. 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 Classes based upon the terms set forth in
the Joint Stipulation of Settlement and Release between
Plaintiffs and Defendants (“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 Representatives 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,
and Hearing Date for Court Approval (“Notice of
Pendency of Class Action”), in substantially the form
attached to the Stipulation of Settlement as Exhibit A, and
the Claim and Exclusion Form in substantially the form
attached thereto as Exhibits B and C, respectively. 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 and Proposed Settlement, and the Claim and
Exclusion Forms 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 and the Claim Form, 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 Plaintiffs Glenn Deweese and Joshua
Holtom as Class Representatives and Thierman Buck, LLP as
8. This Court confirms CPT Group, Inc., as the Claims
9. To facilitate administration of the Settlement pending
final approval, this Court hereby enjoins Plaintiffs 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) regarding claims
released by the Settlement unless and until such Class
Members have filed valid Requests for Exclusion with ...