Nye v. Burberry Limited, No. 2:2016cv00702 - Document 96 (D. Nev. 2022)
Court Description: ORDER Granting 91 Unopposed Motion or Final Approval of Collective and Class Action Settlement, Attorney's Fees and Service Award; Memorandum of Points and Authorities. The Settlement Administrator is hereby ORDERED to proceed with fi nal calculation and distribution of the Individual Settlement Amounts to Participating Class Members consistent with the Settlement Agreement and Release and this Final Approval Order. IT IS FURTHER ORDERED that this case is dismissed with prejudice, and the Clerk of Court is directed to close this case. Signed by Judge Jennifer A. Dorsey on 12/7/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Nye v. Burberry Limited Doc. 96 Case 2:16-cv-00702-JAD-DJA Document 96 Filed 12/07/22 Page 1 of 6 ECF No. 91 Dockets.Justia.com Case 2:16-cv-00702-JAD-DJA Document 96 Filed 12/07/22 Page 2 of 6 1 Plaintiff brought Fair Labor Standards Act (“FLSA”) and Nevada state law claims 2 for alleged minimum-wage, overtime, and timely payment of wages violations on behalf 3 of himself and similarly situated employees who worked at the Burberry store located at 4 the Forum Shops at Caesars in Las Vegas, Nevada. The parties reached a settlement in 5 August 2020 as a result of a private mediation. ECF No. 84–2 ¶ 16. Judge Boulware 6 preliminarily approved the collective and class settlement, ECF No. 85, the notices were 7 sent, and the Motion for Final Approval of Collective and Class Action Settlement, 8 Attorney’s Fees and Service Award (“Final Approval Motion”), ECF No. 91, was heard 9 on November 4, 2022. No opposition to the Final Approval Motion was filed or voiced. 10 Having fully reviewed the Final Approval Motion, the supporting Memorandum of 11 Points and Authorities, and the supporting declarations, I HEREBY MAKE THE 12 FOLLOWING FINDINGS, CONCLUSIONS, AND ORDERS: 13 1. This Order Granting Final Approval of Collective and Class Action 14 Settlement, Attorney’s Fees and Service Award (“Final Approval Order”) incorporates 15 the Settlement Agreement and Release filed in this action on August 11, 2021 16 (“Settlement”). ECF No. 84–3. 17 18 19 2. All terms used in the Settlement Agreement and Release shall have the same meaning as defined therein. 3. Consistent with the definitions provided in the Settlement Agreement and 20 Release, the Settlement Class includes: (a) an FLSA Class defined as all current and 21 former non-exempt, hourly sales and sales support employees who worked at the 22 Burberry store located at the Forum Shops at Caesars in Las Vegas, Nevada, from March 23 30, 2013, through March 8, 2022; and (b) a Nevada Class defined as all current and 24 former non-exempt, hourly sales and sales support employees who worked at the 25 Burberry store located at the Forum Shops at Caesars in Las Vegas, Nevada, from March 26 30, 2014, through March 8, 2022. 27 28 4. Distribution of the Collective / Class Action Notice to the Settlement Class, as set forth in the Settlement Agreement and Release, has been completed, including 1 ORDER GRANTING FINAL APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT Case 2:16-cv-00702-JAD-DJA Document 96 Filed 12/07/22 Page 3 of 6 1 individual notice to all Settlement Class members who could be identified through 2 reasonable efforts, and the best notice practicable under the circumstances. The 3 Collective / Class Action Notice provided due and adequate notice of the proceedings, 4 including the proposed Settlement and, therefore, fully satisfied the requirements of all 5 applicable federal and state laws and the United States Constitution. The Collective / 6 Class Action Notice also provided due and adequate notice to Settlement Class members 7 of their right to exclude themselves from the Settlement, as well as their right to object to 8 any aspect of the proposed Settlement. 9 5. No Settlement Class member (indeed, no one at all) filed an objection to the 10 proposed Settlement, and no Settlement Class member appeared at the noticed Final 11 Approval Hearing to object to the Settlement. No Settlement Class member submitted 12 requests to be excluded from the Settlement. The Participating Class therefore includes all 13 81 individuals who were sent a notice. 14 6. The proposed Settlement Class meets the requirements for final certification 15 as a collective action under 29 U.S.C. § 216(b) and as a class under Rule 23 of the 16 Federal Rules of Civil Procedure, for the purposes of settlement only. 17 7. I conclude that the Settlement is fair, reasonable, and adequate to the class. 18 The proposed Maximum Settlement Amount of $260,000.00 is fair and reasonable to the 19 Settlement Class members. 20 8. Accordingly, good cause appearing, Plaintiff’s Motion for Final Approval of 21 Collective and Class Action Settlement, Attorney’s Fees and Service Award [ECF No. 91] 22 is hereby GRANTED, the Settlement Class is hereby certified as a collective and class for 23 settlement purposes only, and the collective and class action Settlement (as reflected in 24 the Settlement Agreement and Release) is deemed to be in good faith, fair, reasonable, 25 and adequate. 26 9. The Court determines that all FLSA Class Members who cash, deposit, or 27 endorse their individual settlement payment check will be deemed to have opted into the 28 Action under the Fair Labor Standards Act and to have thereby released any and all 2 ORDER GRANTING FINAL APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT Case 2:16-cv-00702-JAD-DJA Document 96 Filed 12/07/22 Page 4 of 6 1 2 FLSA Class Member Released Claims that arise under the Fair Labor Standards Act. 10. The Court determines that all Nevada Class Members who did not submit a 3 timely and valid Request for Exclusion to the Settlement Administrator, including the 4 Named Plaintiff, shall be deemed and hereby are deemed to have fully, finally, and 5 forever released Burberry from all Nevada Class Member Released Claims. 6 7 8 9 11. The Court determines that the Named Plaintiff shall be deemed to have fully, finally, and forever released Burberry from the Named Plaintiff Released Claims. 12. I confirm the appointment of Jonathan Ricasa, Briana Kim, and Paul Padda as Class Counsel for the Settlement Class, and find that Class Counsel has adequately 10 represented the Settlement Class for purposes of entering into and implementing the 11 Settlement. In their motion, Class Counsel requests an award of attorney’s fees in the 12 aggregate sum of $91,000.00 and costs and expenses in the aggregate sum of $14,026.25, 13 in accordance with the express terms of the Settlement Agreement and Release permitting 14 Plaintiff to apply for an award of attorney’s fees and costs. The payment of fees and costs 15 to Class Counsel shall be made from the Maximum Settlement Amount in accordance 16 with the terms of the Settlement Agreement and Release. Based on the terms of the 17 Settlement and the authorities, evidence, and argument set forth in Class Counsel’s 18 motion, I hereby GRANT an award of attorney’s fees to Class Counsel in the amount of 19 $91,000.00 and costs and expenses to Class Counsel in the amount of 20 $14,026.25 as final payment for and complete satisfaction of any and all attorney’s fees 21 and costs incurred by Plaintiff, Settlement Class members and/or owed to Class Counsel. 22 13. I also approve and order payment of a Service Enhancement to the Named 23 Plaintiff for his services as class representative and as consideration for providing a 24 release to Defendant in accordance with the Settlement Agreement and Release, in the 25 amount of $7,500.00. Payment of this Named Plaintiff Service Enhancement must be 26 made from the Maximum Settlement Amount in accordance with the terms of the 27 Settlement Agreement and Release. 28 3 ORDER GRANTING FINAL APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT Case 2:16-cv-00702-JAD-DJA Document 96 Filed 12/07/22 Page 5 of 6 Case 2:16-cv-00702-JAD-DJA Document 96 Filed 12/07/22 Page 6 of 6
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