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Preman v. Pollo Operations, Inc.

United States District Court, M.D. Florida, Orlando Division

May 9, 2018

MARK PREMAN, Plaintiff,
v.
POLLO OPERATIONS, INC., Defendant.

          ORDER

          CARLOS E. MENDOZA UNITED STATES DISTRICT JUDGE.

         THIS CAUSE is before the Court on Plaintiff's Unopposed Motion for Preliminary Approval of Revised Class Action Settlement and Certification of Settlement Class (Doc. 57). United States Magistrate Judge Gregory J. Kelly issued a Report and Recommendation (“R&R, ” Doc. 62), in which he recommends that the motion be granted in part.

         After a de novo review, and noting that the parties filed an Amended Joint Notice of No. Objection (Doc. 65), the Court agrees with the analysis in the R&R. The Court will enter a preliminary settlement approval order consistent with the recommendations set forth in the R&R. Therefore it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation (Doc. 62) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Unopposed Motion for Preliminary Approval of Revised Class Action Settlement and Certification of Settlement Class (Doc. 57) is GRANTED in part and DENIED in part as set forth in the R&R.
3. All deadlines in this litigation, other than those set forth in this Order, are STAYED.
4. The Court hereby preliminarily approves the Revised Stipulation and Agreement of Settlement (“the Settlement, ” Doc. 58-1), subject to further consideration at the Final Settlement Approval Hearing described below.
5. The Court hereby preliminarily certifies the Settlement Class set forth in the Settlement, subject to further consideration at the Final Settlement Approval Hearing described below.
6. John A. Yanchunis, Sr., and Jonathan B. Cohen are appointed as Class Counsel.
7. The Court approves, as to form and content, the proposed Notice (Doc. 58-4). The Court finds that the mailing and distribution of the Notice in the manner and form set forth in the Settlement meets the requirements of Federal Rule of Civil Procedure 23 and Due Process and is the best notice practicable under the circumstances and shall constitute due and sufficient notice to all persons entitled thereto.
8. A Final Settlement Approval Hearing shall be held before this Court on Thursday, August 9, 2018, at 9:30 a.m., at the George C. Young United States Courthouse Annex, 401 West Central Boulevard, Orlando, Florida 32801, Courtroom 5B, to determine whether the proposed settlement of this litigation on the terms and conditions provided in the Settlement should be approved by the Court as fair, reasonable, and adequate to the Settlement Class Members; whether, thereafter, this litigation should be dismissed with prejudice; whether the proposed plan of distribution, as set forth in the Notice, should be approved; whether the Class Representative shall be given a service award and in what amount; and whether the motion of Class Counsel for the payment of attorneys' fees, costs, and expenses incurred in connection with this litigation should be granted and, if so, in what amounts. The Court may adjourn the Final Settlement Approval Hearing without further notice to the Settlement Class Members.
9. The Angeion Group or its successor is hereby appointed as Settlement Administrator to supervise and administer the notice procedure as more fully set forth below:
a. On or before May 17, 2018, Class Counsel shall cause the Settlement Administrator to mail to all Settlement Class Members a copy of the Notice, substantially in the form as provided to this Court;
b. On or before May 22, 2018, Class Counsel shall cause the Settlement Administrator to have the Notice ...

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