UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
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)
In re:
Prime Succession, Inc., )
CIV. ACTION NO.: 99-2278 D/BRE
FLSA Class Action Litigation )
)
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ORDER APPROVING SETTLEMENT OF CLASS CLAIMS
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Before the court are the parties' motions to approve the proposed settlement, plans of allocation and attorney’s fees and expenses. Based upon the representations of the parties and the entire record in this case, the Court finds as follows:
1. This Court’s prior Order Certifying Class is adopted and incorporated herein as a Final Order Certifying Class.
2. The Representative Plaintiffs and the Defendants in this case have reached an agreement that will allow for the payment of 100% of the approved claims submitted by members of the class within fourteen (14) days of approval of the claim by the Court. Approved Amounts shall be the amount of unpaid minimum wage and overtime compensation, if any, found by the Claims Administrator.
3. The terms of the agreement reached between the Representative Plaintiffs and the Defendants in this case are specified in the parties Stipulation of Settlement, which has been filed with this Court. The Court having reviewed the Stipulation of Settlement finds that it provides a fair, just and reasonable resolution of the disputed claims which have arisen in this lawsuit. The terms of the Stipulation of the Settlement are incorporated in this Order by reference as if fully set forth herein.
4. The plan for distribution of the settlement shall be as follows:
a. Within ten (10) business days of the entry of the Order approving this settlement, Settling Defendants shall cause to be mailed, at their own expense, the Important Notice and the Inclusion Request attached to the Stipulation of Settlement as Exhibit C.
b. In order to become a Settlement Class Member, any person in the Settlement Class shall execute and return to the Claims Administrator the Inclusion Request no later than thirty (30) days after the date of mailing of the Inclusion Request. An Inclusion Request shall be deemed returned on the date it is deposited in the mail, if sent via regular U.S. Mail, as evidenced by the date stamped by the U.S. Postal Service on the face of the envelope.
c. Within ten (10) days of the date of receipt of the Inclusion Request, the Claims Administrator shall cause to be mailed the Proof of Claim to each Settlement Class Member.
d. Within thirty (30) days of the date of mailing of the Proof of Claim from the Settling Defendants, each Settlement Class Member shall complete and return the Proof of Claim to the Claims Administrator. A Proof of Claim shall be deemed returned on the date it is deposited in the mail, if sent via regular U.S. Mail, as evidenced by the date stamped by the U.S. Postal Service on the face of the envelope.
e. Within thirty (30) days of the date of receipt the last of the Proof of Claim form the Claims Administrator shall cause to be sent to the Court, counsel for Settling Defendants and Plaintiffs’ Settlement Counsel, a report (hereinafter the “Claim Report”) detailing the amount of each claim, the Approved Amount and the basis for determining this amount. Simultaneously with the mailing of the Claim Report, the Claims Administrator shall cause to be mailed to each Settlement Class Member a report (hereinafter the “Member Claim Report”), detailing the amount of the claim, the Approved Amount and the basis for determining this amount. If any party disputes their Approved Amount, that party shall, within fourteen (14) days of the date of receipt of the Claim Report or Member Claim Report from the Claims Administrator, submit to the Claims Administrator written notice of their dispute and a request that the matter be submitted to binding arbitration as specified in paragraph 7.4 of the Stipulation of Settlement.
f. Within twenty-one (21) days of receipt of the Claim Report from the Claims Administrator designating the amounts to be paid as Approved Claims, the Settling Parties shall submit to the Court a Joint Motion and Agreed Order asking the Court to approve the payment of these claims. Included in both the Motion and Order shall be a designation of the amount of the claim as made in the Proof of Claim, the Approved Amount and whether or not the claim is disputed. If any claim is disputed, the Settling Parties shall specifically exclude approval of that claim from the Court’s Agreed Order and submit to the Court no later than seven (7) days following receipt of the award of the arbitrator, a Joint Supplemental Motion and Agreed Order asking the Court to approve payment of the arbitrator’s determination of the Approved Amount, if any.
g. Within fourteen (14) days of the date of the Court’s signing the Order approving payment, the Claims Administrator shall cause to be distributed to Settlement Class Members, 100% of the Approved Claims. At the same time as making this distribution, the Claims Administrator shall submit a second report (hereinafter the “Distribution Report”) to the Court, counsel for Settling Defendants, Plaintiffs’ Settlement Counsel and each Settlement Class Member, detailing the amount paid to each Authorized Claim, the date of transmission of the amount and the address to which the Authorized Amount was transmitted.
h. Settling Parties agree that, within seven (7) days of the date of the Court’s approval of payment to the final Claimant, they shall cause to be executed a Consent Order of Dismissal with Prejudice of the Litigation.
4. This settlement and Plan of Allocation are fair and reasonable and provides all of the members of the Settlement Class with notice sufficient to comport with the requirements of due process.
5. Counsel for the class has submitted a claim for the payment of $238,300.00 in attorney’s fees, inclusive of all costs and expenses incurred to the date of the Order, in conjunction with their prosecution of this FLSA claim. The Defendants do not object to this fee and agree that it is fair and reasonable in light of the complexity of the case, as well as the time and effort expended by counsel for the class. The Court finds that this fee will not in way jeopardize the payment to the class members of 100% of their claims and approves the fee as being reasonable.
It is therefore ORDERED, ADJUDGED AND DECREED that the terms of the Stipulation of Settlement are hereby approved by the Court as being fair, just and reasonable.
Entered this the _____ day of December, 1999.
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Judge Bernice B. Donald
U.S. DISTRICT COURT JUDGE
Approved:
______________________________ ______________________________
Alan G. Crone William G. Trumpeter
James R. Becker, Jr. Kelly
L. Weston
James J. Webb, Jr. Miller
& Martin, LLP
Crone
& Mason, PLC 1275
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