Waggoner et al v. U.S. Bancorp et al
| Kimberly Waggoner and Darbey Schultz |
| U.S. Bancorp and U.S. Bank National Association |
| 5:2014cv01626 |
| July 23, 2014 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Stark |
| Sara Lioi |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
118
Memorandum Opinion and Order: The Court grants plaintiffs' unopposed motion (Doc. No. 117 ) and approves the settlement. Accordingly, and pursuant to the parties' settlement, the Court: (1) Approves the Settlement Agreement and all of its terms; (2) Approves the Notices and Claim Form and the proposed plan for their distribution, and orders the payment to the collective to take place in accordance with the Settlement Agreement; (3) Approves and orders the payment of an addition al $10,000.00 to each of the following plaintiffs: Kelly Waggoner, Darbey Schultz, Debthy Brown, Richard DeGregorio, and Rachel Nieves; (4) Orders the payment of $383,333.33 in attorney's fees, plus $34,010.92 in costs and expense s, to plaintiffs' counsel; and (5) Approves and orders the payment of $26,000.00 to Rust Consulting, Inc. as the administrator. Pursuant to the terms of the Settlement Agreement, this amount may increase slightly in the event that addition al collective members are identified. Within 30 days of the entry of this Order, unless there is an appeal, in which case, two days after the final appeal is resolved, the litigation will be dismissed with prejudice, and without costs, expenses, or a ttorney's fees to any party except as provided in the Settlement Agreement and this Order. The Court will retain jurisdiction over this action for the purposes of supervising the implementation, enforcement, construction, administration, and interpretation of the Settlement Agreement, including oversight as to the distribution of settlement funds. Judge Sara Lioi on 12/29/2016. (P,J)
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Filing
34
Memorandum Opinion and Order: Plaintiffs' motion for conditional certification and court-authorized notice (Doc. No. 20 ) is granted. Defendants' motion for leave to file a sur-reply to plaintiffs' motion for conditional certif ication (Doc. No. 32 ) is granted. The proposed sur-reply is considered filed and properly before the Court. The Court hereby certifies this action as a collective action made up of all individuals who work or who have worked for U.S. Bank as co-man agers at in-store branches in the United States, excluding those branches in California, on or after July 23, 2011, who elect to opt-in to this action. The Court directs the parties to meet and confer in good faith for the purpose of negotiating the language of the notice(s), the procedure for issuing the notice(s), and the extent of the information defendant must produce to assist plaintiffs in identifying potential Collective Members. Within 10 days of this Memorandum Opinion and Order, the pa rties shall submit joint proposed notice(s) for the Court's final approval. The Court further directs that, within thirty days of the approval of the form of notice by the Court, said notice(s) shall be sent to all potential Collective Members. Judge Sara Lioi on 6/24/2015. (P,J)
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