Day et al v. Air Methods Corporation et al
| Letch G. Day, Stephanie E. Fields, Steven D. Frasure, Stephanie G. Logsdon, Sonya A. Burkhart, Leslie H. Fryman, Sean H. Davenport and Edwin Bentley |
| Air Methods Corporation, William Kelly Miller and Joseph Barkley Hill |
| 5:2017cv00183 |
| April 20, 2017 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Danny C. Reeves |
| Other Labor Litigation |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
114
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND PRELIMINARY ORDER OF APPROVAL. It is FURTHER ORDERED as follows: 1.Plaintiffs' Unopposed Motion for Class Certification and Preliminary Approval of Class Action Settlement R. 105 is GRANTED subject to the modifications adopted in the Court's Report and Recommendation R. 113 , and the Parties' proposed settlement is PRELIMINARILY APPROVED. 2. This Court has jurisdiction over the implementation and administration of the Settlement Agreement. 3. The class defined in the Parties' Settlement Agreement [R. 105-2, Ex. A, Settlement Agreement, Ex. A-2, at p. 2] is CONDITIONALLY APPROVED for settlement purposes, including $900,000.00 in attorney's fees . Additionally, the schedule set forth in the Settlement Agreement is APPROVED. 4. Letch G. Day is APPOINTED as class representative. 5. Counsel for Named Plaintiffs, Charles W. Arnold and Christopher D. Miller of Arnold & Miller, PLC and J. Robert Cowan of Cowan Law Office, PLC are APPOINTED as class counsel. 6. CPT Group, Inc. is APPOINTED as the settlement administrator to administer the settlement in accordance with the settlement agreement. 7. The notice packet and opt-out form [R. 105 -2, Ex. A, Settlement Agreement, Ex. A-2] are APPROVED, conditioned on the modifications contained in Magistrate Judge Stinnett's Report and Recommendation R. 113 . 8. A Final Fairness Hearing is SCHEDULED for Wednesday, 11/20/2019 at 10:00 AM in LEXINGTON before Judge Claria Horn Boom. Signed by Judge Claria Horn Boom on 8/21/19.(JLM)cc: COR,D
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Filing
11
MEMORANDUM OPINION & ORDER: It is hereby ORDERED as follows: 1. Defendant Air Methods Corporation's 4 MOTION to Dismiss for failure to state a claim IS GRANTED in part and DENIED in part; 2. The Claims asserted by Plaintiffs Stephanie G. Logs don, Leslie H. Fryman, and Sean H. Davenport are DISMISSED with prejudice; 3. Insofar as Count I and II are predicated on hours worked prior to March 22, 2012, those claims are DISMISSED, with prejudice. All other allegations of the remaining plaintiffs encompassed by Count I, Count II, and Count III remain pending. Signed by Judge Danny C. Reeves on 10/23/2017.(KM)cc: COR
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