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Deweese v. Its National, LLC

United States District Court, D. Nevada

March 20, 2019

GLENN DEWEESE and JOSHUA HOLTOM, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
ITS NATIONAL, LLC; and DOES 1 through 50, inclusive, Defendants.

          Mark 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

          Robert A. Dotson (NSB No. 5285), Jill I. Greiner (NSB No. 4276), DOTSON LAW Attorneys for Defendants

          ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

         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 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 Class Counsel.
8. This Court confirms CPT Group, Inc., as the Claims Administrator.
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 ...

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