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Small v. University Medical Center of Southern Nevada

United States District Court, D. Nevada

May 29, 2019

DANIEL SMALL, CAROLYN SMALL, WILLIAM CURTIN, DAVID COHEN, LANETTE LAWRENCE and LOUISE COLLARD, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs,
v.
UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, a political subdivision of Clark County, State of Nevada, CLARK COUNTY, a political subdivision of the State of Nevada, and JOHN ESPINOZA, an individual, Defendants.

          GLANCY PRONGAY & MURRAY LLP Marc L. Godino (admitted pro hac vice) Kara M. Wolke (admitted pro hac vice) Attorneys for Plaintiff's

          FINAL ORDER APPROVING JOINT MOTION FOR COLLECTIVE ACTION SETTLEMENT AND ATTORNEYS' FEES, COSTS, AND SERVICE AWARDS

          Andrew P. Gordon, United States District Court Judge.

         The Parties' Joint Motion for Final Approval of Collective Action Settlement came on for hearing before the Honorable Judge Andrew Gordon on May 29, 2019, at 2 p.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 Defendants.

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

         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 Plaintiffs Daniel Small, Carolyn Small, William Curtin, David Cohen, Lanette Lawrence, and Louise Collard, and all Opt-In Plaintiffs who were employed by Defendants between July 27, 2009, to December 31, 2012 who timely returned valid Opt-In Consent Forms on or before October 14, 2013.

         4. The Parties' Settlement in the amount of Four Million Two Hundred and Fifty Thousand Dollars and Zero Cents ($4, 250, 000.00)(the "Settlement") 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. The Court approves the form of Notice of Settlement attached as Exhibit 1 to the Settlement Agreement.

         7. The 586 participating Class Members will be paid their portion from the Settlement on a pro rata basis pursuant to the formula and methodology set forth in the Joint Motion for Approval of Settlement.

         8. The Court appoints Daniel Small, Carolyn Small, William Curtin, David Cohen, Lanette Lawrence, and Louise Collard as Class Representatives and approves an enhancement payment of Ten Thousand Dollars and Zero Cents ($10, 000.00) each for their services as Class Representatives in this matter.

         9. The Court approves a Service Award of Two Thousand Dollars ($2, 000.00) to each of the twenty Plaintiffs who were deposed and responded to individual written discovery requests in connection with this matter (the "Deposed Plaintiffs").

         10. The Court appoints Glancy Prongay & Murray LLP, and Tostrud Law Group, P.C., as Class Counsel, 11. Plaintiffs' request for Class Counsels' fees in the amount of One Million Two Hundred Fourteen Thousand One Hundred and Seven Dollars and Zero Cents ($1, 214, 107.00) is reasonable. This amount represents 33% of the Maximum Settlement Amount after deducting the $570, 885.00 Sanction Award from the Maximum Settlement Amount. "The typical range of acceptable attorneys' fees in the Ninth Circuit is 20 percent to 33.3 percent of the total settlement value with 25 percent considered a benchmark percentage." Barbosa v. Cargill Meat Sol. Corp., 297 F.R.D. 431, 448 (E.D. Cal. 2013) (citing Powers v. Eichen, 229 F.3d 1249, 1256 (9th Cir. 2000)). "In assessing whether the percentage requested is fair and reasonable, courts generally consider the following factors: (1) the results achieved; (2) the risk of litigation; (3) the skill required; (4) the quality of work performed; (5) the contingent nature of the fee and the financial burden; and (6) the awards made in similar cases." Sinanyan v. Luxury Suites Infl, LLC, 2018 U.S. Dist. LEXIS 21403, at * 11 (D. Nev. Feb. 8, 2018) (citing Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1047-50 (9th Cir. 2002)). Having considered these factors, the Court finds the request for Class Counsels' fees in the amount of $1, 214, 107.00 to be reasonable.

         12. The Court approves awarding Class Counsel an amount of Five Hundred Seventy Thousand Eight Hundred and Eighty Five Dollars and Zero Cents ($570, 885.00) pursuant to Judge Leen's November 5, 2018 Order on ...


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