United States District Court, D. Nevada
CHARLES GRAHL, individually and on Behalf of all others similarly situated, Plaintiff,
CIRCLE K STORES, INC., a foreign corporation DOES I through V, inclusive; and ROE corporations I through V, inclusive, Defendants.
REMPFER MOTT LUNDY, PLLC Joseph N. Mott Nevada Bar No. 12455
Scott E. Lundy Nevada Bar No. 14235 Attorneys for Plaintiff
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Anthony L.
Martin Nevada Bar No. 8177 Dana B. Salmonson Nevada Bar No.
11180 Attorneys for Defendant CIRCLE K STORES, INC.
FINAL ORDER AND JUDGMENT APPROVING CLASS ACTION
SETTLEMENT AND ATTORNEY'S FEES AND COSTS
FERENBACH UNITED STATES MAGISTRATE JUDGE.
Charles Grahl, together with the Opt-In Plaintiffs
(collectively “Plaintiffs”), and Defendant Circle
K Stores, Inc. (“Defendant”) (Plaintiffs and
Defendant are collectively referred to as “the
Parties”), by and through their attorneys of record,
hereby submit this Proposed Final Order and Judgment
Approving Class Action Settlement and Attorney's Fees and
Parties' Joint Motion for Final Approval of Collective
Action Settlement came on for hearing before the Honorable
Magistrate Judge Cam Ferenbach on April 8, 2019, at 10:00
a.m. The Court, having considered the papers and pleadings
submitted in support of the Motion, HEREBY ORDERS AS FOLLOWS:
Court grants the Motion based upon the terms set forth in the
Settlement Agreement and Release (“Settlement) between
Plaintiffs and Defendant.
Court has jurisdiction over the subject matter of this
litigation and all matters relating thereto, including
Plaintiffs, all settlement class members, and Defendant.
Pursuant to 29 U.S.C. § 216, the Court certifies as
final, for purposes of settlement only, a collective action
under the Fair Labor Standards Act (“FLSA). The class
shall consist of Plaintiff Charles Grahl and all Opt-In
Plaintiffs who worked as a Store Manager for Circle K Stores,
Inc., between October 31, 2011, to May 11, 2016; timely filed
valid opt-in Forms, as defined in the Settlement, before May
11, 2016, and filed valid Claims Forms on or before March 25,
2019 pursuant to this Court's Order Granting Preliminary
Parties Settlement in the amount of Eight Million Two Hundred
and Fifty Thousand Dollars and Zero Cents ($8, 250, 000.00)
is the product of contested litigation to resolve bona
fide disputes over the availability and amount of
Court finds that the Settlement appears to be fair, adequate,
and a reasonable resolution of the litigation. The
non-exhaustive list of factors courts typically consider in
evaluating a proposed settlement for fairness include: (1)
the strength of plaintiffs' case; (2) the risk, expense,
complexity, and likely duration of further litigation; (3)
the extent of the discovery completed; (4) the stage of the
proceedings; and (5) the experience and views of counsel.
Trinh v. JP Morgan Chase & Co., 2009 WL 532556
at *1 (citing Torrisi v. Tucson Elec. Power Co., 8
F.3d 1370, 1375 (9th Cir. 1993)). Here, the Court agrees that
the application of these factors confirms that the Settlement
constitutes a fair and reasonable compromise of the
Parties' bona fide disputes. The Settlement
falls within the range of reasonableness and appears to be
ordered by this Court, on January 24, 2019, Simpluris, the
Claims Administrator, mailed out Notices of Settlement and
Claims Forms to Class Members. On February 22, 2019, the
Claims Administrator mailed reminder postcards to those Class
Members who had not yet submitted a Claim Form.
of March 25, 2019, the Claim Deadline, the Claims
Administrator reported receipt of 805 Claim Forms,
representing a return rate of 76.73%.
the 805 forms received, 802 ...