United States District Court, D. Nevada
DIANE DESIO, individually, and on behalf of similarly situated individuals, Plaintiffs,
RUSSELL ROAD FOOD AND BEVERAGE, LLC dba CRAZY HORSE III GENTLEMEN'S CLUB, and DOES 1 to 10, Defendants.
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR
APPROVAL OF FLSA COLLECTIVE ACTION SETTLEMENT
M. NAVARRO, DISTRICT JUDGE
brought Fair Labor Standards Act (“FLSA”) claims
for alleged minimum-wage and overtime violations on behalf of
herself and similarly situated exotic dancers who performed
at Russell Road Food and Beverage, LLC d/b/a Crazy Horse
Gentlemen's Club (“Russell Road”). The Court
conditionally certified this case as a collective action on
September 29, 2017. (ECF No. 67).
parties reached a settlement in November 2018 as a result of
a private mediation.
Motion for Settlement Approval was heard on September 19,
2019. No. opposition to the Settlement Approval Motion was
filed or received.
fully reviewed the Settlement Approval Motion, including all
supplemental filings in support thereof, (ECF Nos. 109, 111,
and 120), and based on Counsel's representations at the
Approval Hearing, the Court hereby makes the following
findings and conclusions:
Order Granting Approval of FLSA Settlement incorporates the
Settlement Agreement in this action on May 1, 2019
(“Settlement”), (ECF No. 109-2).
Consistent with the definitions provided in the Settlement,
and except as provided herein, the Settlement applies to all
Claimants, which includes Plaintiff and any additionally
joined person who timely submitted a completed and verified
Opt-in Form and opted in to the Action by midnight on October
Adequate notice has been disseminated to all Claimants.
First, all potential opt-in Plaintiffs were provided notice
of their rights to join this collective action, the effect of
joining, and the effect of not joining this case via a
Court-approved FLSA notice following conditional
Following negotiation of the Settlement, Claimants who
opted-in to this Action were informed by their counsel of the
terms of the Settlement, were provided with a copy of the
Settlement Agreement, were informed of the manner in which
their settlement share would be calculated, were told of the
amount of attorney's fees that were being requested from
the Settlement Fund, and were invited to contact their
counsel with any questions or concerns. This notice was
disseminated in April 2019 and again in August 2019 via
electronic mail to all those Claimants who had provided their
email address to Counsel, and via regular mail where no email
address had been provided. Based on the representations of
counsel, the Court finds that no Claimant has objected to the
Settlement or otherwise responded negatively to the notice
from their Counsel that this matter had been resolved, and a
number of Claimants have responded favorably to information
regarding the Settlement. Thus, the Notice fully satisfied
the requirements of all applicable federal and state laws,
and the United States Constitution.
Plaintiff or Claimant (and more broadly, no one at all) filed
an objection to the proposed Settlement, and no Plaintiff or
Claimant appeared at the noticed Approval Hearing to object
to the Settlement.
proposed FLSA collective action comprised of all Claimants
meets the requirements for certification as a collective
action under 29 U.S.C. § 216(b), for the purposes of
this Settlement only, because the Claimants were similarly
situated, as previously set forth in the Court's Order
granting conditional certification. (See ECF No.
Court concludes that the Settlement is a fair and reasonable
resolution of a bona fide dispute over FLSA provisions and
reflects a reasonable compromise over issues that were
actually in dispute under the FLSA and their potential
damages (if any) that they are entitled to recover under the
FLSA. The proposed Settlement Fund amount of $1, 600, 000.00
is fair and reasonable to the Settlement Class Members when
balanced against the probable outcome of further litigation
in relation to potential decertification of an FLSA
collective action, liability issues, damages issues, and
Court concludes that significant investigation, formal and
informal discovery, research, and litigation have been
conducted such that Counsel for the Parties at this time are
able to reasonably evaluate their respective positions;
settlement at this time will avoid substantial costs, delay,
and risks that would be presented by the further pursuit of
the litigation; the proposed settlement has been reached as
the result of intensive, serious and non-collusive
negotiations between the Parties and their Counsel, and
facilitated by an experienced mediator; and no one has
objected to the Settlement.
Court concludes that the scope of the release as set forth in
the Settlement Agreement and explained at the hearing is
reasonable and appropriate in its scope, as it releases only
all federal and state ...