Kiser v. Pride Communications, Inc. et al, No. 2:2011cv00165 - Document 144 (D. Nev. 2015)

Court Description: ORDER Granting Final Approval of Proposed Class Action Settlement re 138 JOINT MOTION for Final Approval of Class Action Settlement. The Clerk of the Court is directed to enter a Final Judgment of dismissal and the Complaint is dismissed with prejudice. Signed by Judge James C. Mahan on 1/13/15. (Copies have been distributed pursuant to the NEF - TR)
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Kiser v. Pride Communications, Inc. et al Doc. 144 Case 2:11-cv-00165-JCM-VCF Document 142 Filed 01/08/15 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 LEON GREENBERG, ESQ. SBN 8094 DANA SNIEGOCKI, ESQ. SBN 11715 Leon Professional Corporation 2965 s. Jones Blvd - Suite E4 Las Vegas, Nevada 89146 Tel (702) 383-6085 Fax (702) 385-1827 leongreenberg@overtimelaw.com dana@overtimelaw.com CHRISTIAN GABROY SBN 8805 Gabroy Law Offices 170 South Green Valley Pkwy- Suite 280 Henderson, Nevada 89012 Tel (702) 259-7777 Fax (702) 259-7704 CHRISTIAN@GABROY.COM Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ANTHONY KISER, individually and on ) behalf of others similarly situated, ) ) Plaintiff, ) ) vs. ) ) PRIDE COMMUNICATIONS, INC. ) and CRAIG LUSK, ) ) Defendants. ) ) ) ) ) ) Case No. 2:11-cv-00165-JCM-VCF ORDER GRANTING FINAL APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT 23 24 On January 13, 2015, the Court heard the parties joint motion for final 25 approval of their proposed class action settlement, as set forth in the Stipulation and 26 Settlement Agreement of Claims (“Stipulation”), in the above-captioned action, the Court 27 also hearing at that time the Plaintiffs’ unopposed motion for an award of enhancement 28 -1Dockets.Justia.com Case 2:11-cv-00165-JCM-VCF Document 142 Filed 01/08/15 Page 2 of 4 1 payments to the representative plaintiffs and for a Fee and Expense Award for Plaintiffs’ 2 Counsel as provided for in the Stipulation. The Court finds and orders as follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. For the purposes of this Order, the Court adopts all defined terms as set forth in the Stipulation, previously filed with this Court, with the exception that Gabriel Aldaco, Bryan Avalos, Hector Gonzalez, Darion Livingston, Carlos Quinteros, Christopher Stanley, Darrel Wright, Robert J. Crawford and John Newton, persons identified in the parties’ stipulation of settlement, on file with the Court at Docket #133, as members of the proposed class, are hereby excluded from the class now being finally certified for settlement by this Order. Such persons are so excluded for the reasons stated in Docket #138, namely that the parties cannot clearly identify such persons as members of the proposed class or do not possess any address at which to contact them. None of such persons are bound by or subject to any provision of the class settlement approved by this Order. In addition, as specified in Docket #138, it has been determined that proposed class members Raymundo Lopez-Hernandez and Raymundo Hernandez-Lopez are one and the same person and the listing of class members at Docket #133 subject to the settlement approved by this Order is appropriately amended to reflect the same. The Class, as set forth in Docket #138 at Exhibit “2” to the Stipulation of Settlement, and as modified by this paragraph, consists of 132 Class Members all of whom are identified by name 2. This Court has jurisdiction over the subject matter of this litigation and over all parties and Class Members in this litigation. 3. The Court finds that the distribution of the Notice of Class Action Settlement, which was carried out pursuant to the Stipulation, constituted the best notice practicable under the circumstances and fully met the requirements of due process. 4. The Court finds that no Class Members have objected to the Settlement and no Class Members have requested exclusion from the Settlement. A total of 35 Class Members, constituting 26.52% of the Class Members have filed claims making themselves eligible to receive payments from the settlement fund, such class members also possessing -2- Case 2:11-cv-00165-JCM-VCF Document 142 Filed 01/08/15 Page 3 of 4 1 claims that equal 41.3% of the monetary value of all Class Members claims. These 35 2 individuals have claimed, and will be paid, approximately $36,457.09 from the Settlement 3 Fund 4 5. The Court finds that the Stipulation was the product of protracted, arm’s 5 length negotiations between experienced counsel. After considering Defendants’ potential 6 exposure, the likelihood of success on the class claims, the risk, expense, complexity and 7 delay associated with further litigation, the risk of maintaining class certification through 8 trial, the experience and views of Plaintiffs’ Counsel, and the reaction of the Class to the 9 Settlement, as well as other relevant factors, the Court finds that the settlement, as set forth 10 in the Stipulation, is fair, reasonable, and in the best interests of the Class, and hereby 11 grants final approval of the settlement. The parties are ordered to carry out the settlement 12 as provided in the Stipulation. 13 6. As counsel for the Class, Leon Greenberg of Leon Greenberg 14 Professional Corporation and Christian Gabroy of the Gabroy Law Office, shall be paid a 15 fees payment of $48,000.00 and a costs payment of $8,238.18 from the Settlement Fund 16 for their services on behalf of the Plaintiffs and the Class. The Court also approves the 17 payment from the Settlement Fund of $5,000 to each of the Class Representatives, 18 Anthony Kiser and Brian Izumi, in recognition of their efforts on behalf of the Class. 19 7. As the Settlement Administrator, Rust Consulting shall be paid from the 20 Settlement Fund for their services rendered in administering the Settlement, in accordance 21 with the Stipulation and as provided in this paragraph. Pursuant to the declaration of its 22 Senior Project Administrator, Stacy Roe, submitted to this Court, its estimated maximum 23 costs for administration of the settlement of this matter is $8,000.00. Its payment of costs 24 in that amount from the Settlement Fund is approved, provided that it shall receive a lesser 25 amount, if any, that is equal to the actual charges properly paid to it for the services it 26 provides in completing the administration of the Settlement. 27 8. Except as stated in this Order all other terms of the Settlement will 28 remain as stated in the Stipulation and Settlement Agreement of Claims and all -3- Case 2:11-cv-00165-JCM-VCF Document 142 Filed 01/08/15 Page 4 of 4 1 accompanying documents and the Orders of this Court. 2 3 4 9. The Clerk of the Court is directed to enter a Final Judgment of dismissal and the Complaint is dismissed with prejudice. 5 6 10. The Court will retain jurisdiction for purposes of enforcing this 7 Settlement, addressing settlement administration matters, and addressing such post- 8 judgment matters as may be appropriate under court rules or applicable law. 9 10 IT IS SO ORDERED. 11 12 January 13, 2015 Dated: _____________ 13 Honorable James C. Mahan 14 UNITED STATES DISTRICT COURT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-