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Zimmerman v. Buddha Entertainment, LLC

United States District Court, D. Nevada

April 22, 2019

JENNIFER ZIMMERMAN, on behalf of herself and all other similarly situation, Plaintiff,
v.
BUDDHA ENTERTAINMENT, LLC d/b/a and a/k/a TAO GROUP also d/b/a and a/k/a TAO NIGHTCLUB also d/b/a and a/k/a TAO LV NIGHTCLUB; ASIA LAS VEGAS, LLC, d/b/a and a/k/a TAO ASIAN BISTRO; STRIP VIEW ENTERTAINMENT, LLC d/b/a and a/k/a TAO GROUP; DOES 1 through 50, inclusive, Defendants.

          Mark R. Thierman, Joshua D. Buck, Leah L. Jones, THIERMAN BUCK, LLP Christian Gabroy, Kaine Messer, GABROY LAW OFFICES Attorneys for Plaintiffs

          Joshua A. Sliker, JACKSON LEWIS P.C. Attorneys for Defendants

          ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT ECF NO. 13

         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 Jennifer A. Dorsey presiding, on April 12, 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 Plaintiff and Defendants (“Stipulation of Settlement”) filed herewith. The Settlement appears to be fair, adequate and reasonable to the Class. The Joint Motion for Preliminary Approval [ECF No. 13] is GRANTED.

         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 Representative Enhancement Award 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 Form in substantially the form attached thereto as Exhibit B. 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 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 Plaintiff Jennifer Zimmerman as Class Representative, and Mark Thierman, Esq., Joshua Buck, Esq., and Leah Jones, Esq. of Thierman Buck, LLP of Reno, Nevada, and Christian Gabroy, Esq., and Kaine Messer, Esq. of Gabroy Law Offices of Henderson, Nevada as Class Counsel.

         8. This Court confirms CPT Group as the Claims Administrator.

         9. To facilitate administration of the Settlement pending final approval, this Court hereby enjoins Plaintiff 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 the Claims Administrator and the time for filing claims with the Claims Administrator has elapsed.

         10. This Court orders the following Implementation ...


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