Garcia Morales v. New Indian Foods, LLC et al
| Enrique Garcia Morales |
| New Indian Foods, LLC and Floyd Cardoz |
| 1:2018cv03401 |
| April 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
34
ORDER (1) CONDITIONALLY CERTIFYING SETTLEMENT CLASS AND COLLECTIVE ACTION, (2) GRANTING PRELIMINARY APPROVAL TO PROPOSED CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION, (3) DIRECTING DISSEMINATION OF NOTICE AND RELATED MATERIAL TO THE CLASS, AND (4) SETTING DATE FOR FAIRNESS HEARING AND RELATED DATES re: 29 MOTION for Settlement preliminary approval of class settlement. filed by Enrique Garcia Morales. Accordingly, the Court hereby Orders as follows: 1. The form and manner of dist ributing the proposed Notice Materials are hereby approved. 2. Promptly following the entry of this Order, the Claims Administrator shall prepare final versions of the Notice Materials, incorporating into the Notice the relevant dates and deadlines s et forth in this Order. 3. Within 14 calendar days of the date of entry of this Order,Defendants will provide the Claims Administrator and Class Counsel with the information regarding Class Members in accordance with the Settlement Agreement. 4. Wit hin 30 calendar days of the date of entry of this Order, the Claims Administrator shall mail, via First Class United States Mail, postage prepaid, the final version of the Class Notice, along with the change of address form, using each Class Member&# 039;s last known address as recorded in Defendants' payroll system. The Claims Administrator shall take reasonable steps to obtain the correct address of any Class Members for whom the notice is returned by the post office as undeliverable and o therwise to provide the Class Notice. The Claims Administrator will attempt re-mailing to Class Members for whom the mailing is returned as undeliverable. The Claims Administrator shall notify Class Counsel and Defendants' Counsel of any mail se nt to Class Members that is returned as undeliverable after the first mailing, and as well as any such mail returned as undeliverable after the subsequent mailing. 5. The Claims Administrator shall take all other actions in furtherance of claims admi nistration as are specified in the Settlement Agreement. The Court hereby schedules, for September 4, 2019, at the hour of 10:00AM, a hearing to determine whether to grant final certification of the Settlement Class, and the FLSA collective action, and final approval of the Settlement Agreement and the Plan of Allocation (the "Fairness Hearing"). This Order amends and supersedes the Order entered on June 19, 2019. See Doc. 33. SO ORDERED. (Fairness Hearing set for 9/4/2019 at 10:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 6/20/2019) (kv)
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