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.

Grahl v. Circle K Stores, Inc.

United States District Court, D. Nevada

April 8, 2019

CHARLES GRAHL, individually and on Behalf of all others similarly situated, Plaintiff,
v.
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 CHARLES GRAHL

          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

          CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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 Costs.

         The 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:

         1. The Court grants the Motion based upon the terms set forth in the Settlement Agreement and Release (“Settlement) between Plaintiffs and Defendant.

         2. This Court has jurisdiction over the subject matter of this litigation and all matters relating thereto, including Plaintiffs, all settlement class members, and Defendant.

         3. 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 Settlement Approval.

         4. The 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 overtime wages.

         5. The 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 presumptively valid.

         6. As 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.

         7. As of March 25, 2019, the Claim Deadline, the Claims Administrator reported receipt of 805 Claim Forms, representing a return rate of 76.73%.

         8. Of the 805 forms received, 802 ...


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.