United States District Court, D. Nevada
JENNIFER ZIMMERMAN, on behalf of herself and all other similarly situation, Plaintiff,
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.
R. Thierman, Joshua D. Buck, Leah L. Jones, THIERMAN BUCK,
LLP Christian Gabroy, Kaine Messer, GABROY LAW OFFICES
Attorneys for Plaintiffs
A. Sliker, JACKSON LEWIS P.C. Attorneys for Defendants
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT ECF NO. 13
PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
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:
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.
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.
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.
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
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
is ordered that the Settlement Class is preliminarily
certified for settlement purposes only.
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.
Court confirms CPT Group as the Claims Administrator.
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.
This Court orders the following Implementation