Coleman et al v. Railworks Corporation et al, No. 1:2020cv02428 - Document 31 (S.D.N.Y. 2021)

Court Description: ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING NOTICE PROGRAM granting 26 Motion: IT IS HEREBY ORDERED, DECREED, AND ADJUDGED AS FOLLOWS: The Court has jurisdiction over the subject matter of the Action, the Plaintiff s, the Settlement Class Members, and Defendant, and venue is proper in this District. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court preliminarily certifies, for settlement purposes only, a Class as further set forth in this o rder. The Court hereby appoints Plaintiffs Cornelius Coleman and Linda Horan as Settlement Class Representatives. Plaintiffs have moved the Court for an order approving the settlement of the Action in accordance with the Settlement Agreement, which, together with the documents incorporated therein, sets forth the terms and conditions for a proposed settlement and dismissal of the Action with prejudice against Defendants. The Court, having read and considered the Settlement Agreement and having r eceived the Parties' arguments in support of the Settlement Agreement, hereby preliminarily approves the Settlement Agreement in its entirety subject to the Final Approval Hearing. The Court preliminarily finds that the requirements for class ce rtification under Rule 23(a) and (b) of the Federal Rules of Civil Procedure are satisfied for the reasons set forth in the Plaintiffs' Motion for Preliminary Approval, and as further set forth in this order. A fairness hearing (the "Final Approval Hearing" or "Fairness Hearing") shall be held before this Court on May 13, 2021 at 10:30 AM in Courtroom 11A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, and as further set forth in this order. (Signed by Judge George B. Daniels on 1/4/2021) (jwh)