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16-137 - Rainboth-Venditti v. National Retail Solutions, Inc.


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16-137 - Rainboth-Venditti v. National Retail Solutions, Inc.
February 6, 2018
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ORDER AND JUDGMENT: It is hereby ORDERED that the proposed Settlement Agreement and Release (Dkt. No. 78-3) is, with the modifications noted herein with respect to the allocation of the Gross Settlement Fund of $230,000.00, APPROVED. The case is certified as a collective action under the FLSA, for purposes of settlement only. The proposed Notice of Settlement and Claim Form (Dkt. No. 78-4) is, with the modifications relating to the allocation of the Gross Settlement Fund stated in this order, APPROVED, and the parties are directed to distribute it to all Collective Action Members within 30 days of the Order. A Service Award of $1,500.00 and a General Release Payment of $3,000.005 to Named Plaintiff and Pre-Settlement Opt-In Plaintiffs Randi Dayberry, Edward Wilson, Scott Manuel, Pascalle Abel, Brian Marshall, and Clay Postlewaite for their services to the collective and their execution of a General Release with respect to their individual claims, is APPROVED, AS MODIFIED. Plaintiffs' counsels' attorneys' fees in the amount of $104,000.006 are APPROVED, AS MODIFIED. Plaintiffs' counsels' requested out-of-pocket costs and expenses in the amount of $6,000.00 are reasonable, and are APPROVED. The pending motions in this case (Dkt. Nos. 51, 58, and 59) may, in light of the parties' agreement to withdraw those motions upon approval of the proposed settlement, be TERMINATED AS MOOT. The case is DISMISSED WITH PREJUDICE, except that this court shall retain jurisdiction to enforce the Settlement Agreement. Signed by U.S. Magistrate Judge Andrew T. Baxter on 2/6/2018. (nmk)