Alas et al v. Champlain Valley Specialty of New York, Inc. et al
| Juan Ramon Marroquin Alas, Marina Baltazar, Clara Estela Fuentes Lux, Victor Marroquin and Miguel Perez Ortiz |
| Champlain Valley Specialty of New York, Inc., Jeremy Dygert, Ruthanne Dygert, Christopher Coty, Rachel Dygert Coty and Gerald Dygert |
| 5:2015cv00441 |
| April 13, 2015 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Oswego |
| Mae A. D'Agostino |
| Therese Wiley Dancks |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
42
MEMORANDUM-DECISION AND ORDER granting 27 Motion to Certify Class; granting 38 Motion to Certify Class; granting 40 Motion for Final approval of class action settlement: The Court hereby ORDERS that Plaintiffs' unopposed motion for fina l approval of class action settlement, certification of settlement class, approval of the FLSA settlement, and award of attorney fees and costs is GRANTED; and the Court further ORDERS that the class is certified, as described in this Memorandum-Deci sion and Order, and consisting of all persons who were/are employed by Champlain Valley Specialty ofNew York, Inc., as hourly food processing employees at its apple-slice processing facility in Oswego, New York, and/or in similar positions for the pe riod of April 18, 2009, to the date of this Order; and the Court furtherORDERS that the Class Administrator provided adequate notice and Class Members had adequate opportunity to opt-out; and the Court further ORDERS that any Class Members who have n ot opted out by the date of this order are bound by the Joint Stipulation of Settlement and Release entered into by the parties to this action; and the Court further ORDERS that Plaintiffs' request for attorney fees in the amount of $90,000 and costs in the amount of $6,504 is GRANTED; and the Court further ORDERS that the claims administration expenses are to be paid to Dahl Administrators in the amount of $8,720; and the Court further ORDERS that payment to Class Members wh o have submitted claims forms are to be paid in the amounts determined by the Claims Administrator in accordance with the Joint Stipulation of Settlement and Release entered into by the parties to this action; and the Court further ORDERS that paymen t of $1500, as a Plaintiffs' enhancement, is to be paid to each of the named Plaintiffs and Class Representatives to this action; and the Court furtherORDERS that the Clerk of the Court shall enter judgment and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/17/2016. (ban)
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