United States District Court, M.D. Florida, Fort Myers Division
RONALD O'CONNOR, individually, and on behalf of others similarly situated Plaintiff,
v.
WORTHINGTON PJ, INC., Defendant.
PRELIMINARY APPROVAL ORDER [1]
Sheri
Polester Chappell, Judge
This
case involves claims relating to alleged minimum wage
violations under the Fair Labor Standards Act
(“FLSA”) 29 U.S.C. § 201 et seq.,
the Florida Minimum Wage Act, Fla. Stat. § 448.110, and
the Florida Constitution, Art. X, § 24, as both a
collective action and Rule 23 class action. The terms of the
settlement are set out in the Settlement Agreement fully
executed by the proposed Class Representatives, Ronald
O'Connor and Jordan Garrett, and Defendant Worthington
PJ, Inc. Pursuant to the parties' Joint Motion for
Preliminary Approval, the Court has preliminarily considered
the Settlement to determine, among other things, whether the
Settlement Agreement is sufficient to warrant the issuance of
notice to members of the proposed Settlement Class. As
discussed below, the Court preliminarily approves the
parties' settlement in this Preliminary Approval Order
and sets the following schedule for the further approval and
administration of the settlement:
-
Event
|
Deadline
|
Defendants must provide the Settlement Notice
Administrator with addresses for Class Notice to be
mailed
|
January 16, 2018
|
Deadline for Defendants to mail CAFA notices
|
January 12, 2018
|
Deadline for the Settlement Administrator to mail
Class Notice, Claim Forms, and Opt-Out Forms
(“Mailing Date”)
|
January 30, 2018
|
Deadline for Potential Claimants to post-mark
Opt-Out Forms and Objections (“Opt-out
Deadline”)
|
March 16, 2018
|
Deadline for Potential Claimants to post-mark Claim
Forms (“Claim Deadline”)
|
April 2, 2018
|
Deadline for Parties to file response to objections
|
April 9, 2018
|
Deadline for Settlement Administrator to provide
list of Claimants to Parties
|
April 12, 2018
|
Deadline for Settlement Administrator to provide
list of Claimants to Parties
|
April 17, 2018
|
Motion for Final Approval
|
April 20, 2018
|
Final Fairness Hearing
|
TBD by United States Magistrate Judge Mac R. McCoy
|
Entry of Final Approval Order
|
TBD by Court
|
Effective Date
|
Within the later of 30 days after (1) the Final
Approval Order; (2) the dismissal of any timely
filed appeal; or (3) a final appellate judgment
|
Deadline for Defendant to Fund Claims
|
Within 14 days of Effective Date
|
Deadline for Settlement Administrator to mail
individual payments to each Participant Claimant
|
Within 30 days of Effective Date
|
Upon
reviewing the parties' Settlement Agreement and the
corresponding papers, it is ORDERED as
follows:
1.
Class Findings: Solely for the purposes of
the Settlement, the Court finds that the requirements of
Fed.R.Civ.P. 23, the United States Constitution, the Rules of
this Court, and any other applicable law have been met as to
the Settlement Class defined in paragraph 2 below, in that:
a. The Court preliminarily finds, for purposes of settlement
only, that the Plaintiff Ronald O'Connor and Opt-in
Plaintiff Jordan Garrett have standing to represent the
Settlement Class because they have potentially suffered
damages and are members of the Settlement Class;
b. The Court preliminarily finds, for purposes of settlement
only and as required by Fed.R.Civ.P. 23, that the Settlement
Class is ascertainable from records kept by Defendant with
respect to its employees and from other objective criteria,
and that the members of the Settlement Class are so numerous
that their joinder before the Court would be impracticable;
c. The Court preliminarily finds, for purposes of settlement
only and as required by Fed.R.Civ.P. 23, that there are one
or more questions of fact and/or law common to the Settlement
Class;
d. The Court preliminarily finds, for purposes of settlement
only and as required by Fed.R.Civ.P. 23, that Plaintiffs'
claims are typical of the claims of the Settlement Class;
e. The Court preliminarily finds, for purposes of settlement
only and as required by Fed.R.Civ.P. 23, that Plaintiffs will
fairly and adequately protect the interests of the Settlement
Class in that (i) the interests of the Plaintiffs and the
nature of their alleged claims are consistent with those of
the members of the Settlement Class, (ii) there appear to be
no conflicts between or among Plaintiffs and the Settlement
Class, and (iii) Plaintiffs and the members of the Settlement
Class are represented by qualified, reputable counsel who are
experienced in preparing and prosecuting large, complex
consumer class actions; and
f. The Court preliminarily finds, for purposes of settlement
only and as required by Fed.R.Civ.P. 23, that maintaining
Plaintiffs' claims as a class action is superior to other
available means of adjudication in promoting the convenient
administration of justice.
2.
Class Certification: The Court, in
conducting the settlement approval process required by
Fed.R.Civ.P. 23 certifies, for purposes of settlement only,
the following Settlement Class:
All persons who worked for Worthington PJ, Inc. at its
Papa John's franchises as delivery drivers at any time
from August 4, 2012 through the date of this Order.
The
Court also appoints the named Plaintiff Ronald O'Connor
and Opt-in Plaintiff Jordan Garret to be representatives for
the Settlement Class, and it appoints Sommers Schwartz, P.C.
and Butcher & Associates, P.L. as Class Counsel for the
Plaintiffs and the Settlement Class. This certification of a
preliminary Settlement Class pursuant to the terms of the
Settlement Agreement shall not constitute and does not
constitute, and shall not be construed or used as an
admission, concession, or declaration by or against
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