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Baldor Specialty Foods Inc.
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Order | Filed: April 22, 2024 | Entered: April 22, 2024 Jimenez Del Rosario v. Baldor Specialty Foods, Inc.
Personal Property: Other | New York Southern
Order on Motion for Settlement Order on Motion to Approve
PRELIMINARY APPROVAL ORDER granting 60 Motion for Settlement; terminating 63 Motion to Approve. Having fully considered the issue, the Court hereby GRANTS the Motion and ORDERS as follows: The Court finds that Plaintiffs will likely satisfy the requirements of Rule 23(e)(2)(A) and should be appointed as the Class Representatives. Additionally, the Court finds that Raina C. Borrelli and Brittany Resch of Turke & Strauss LLP will likely satisfy the requirements of Rule 23(e)(2)(A) and should be appointed as Class Counsel pursuant to Rule 23(g)(1). Upon preliminary review, the Court finds the Settlement is fair, reasonable, and adequate to warrant providing notice of the Settlement to the Settlement Class and accordingly is preliminarily approved. The Court has subject matter jurisdiction pursuant to 28 U.S.C.§ 1332(d)(2) and personal jurisdiction over the parties before it. Additionally, venue is proper in this District pursuant to 28 U.S.C. § 1391(b). A Final Approval Hearing shall be held on August 20, 2024, at 10:00 a.m. at Daniel Patrick Moynihan United States Courthouse,Courtroom 14D 500 Pearl St., New York, NY 10007-1312], where the Court will determine,among other things, whether: (a) this Litigation should be finally certified as a class action forsettlement purposes pursuant to Fed. R. Civ. P. 23(a) and as further set forth in this Order. The Court appoints Simpluris as the Settlement Administrator, with responsibility for class notice and settlement administration. The Settlement Administrator is directed to perform all tasks the Settlement Agreement requires. The Settlement Administrator's fees will be paid pursuant to the terms of the Settlement Agreement. This Preliminary Approval Order shall be of no force or effect if theFinal Order and Judgment is not entered or there is no Effective Date and shall not be construed or used as an admission, concession, or declaration by or against Defendant of any fault, wrongdoing, breach, or liability. Nor shall this Preliminary Approval Order be construed or used as an admission, concession, or declaration by or against the Class Representatives or any other Settlement Class Member that his or her claims lack merit or that the relief requested is inappropriate, improper, unavailable, or as a waiver by any Party of any defense or claims they may have in this Litigation or in any other lawsuit. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/22/24) (yv)
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Utility | Filed: April 22, 2024 | Entered: April 22, 2024 Jimenez Del Rosario v. Baldor Specialty Foods, Inc.
Personal Property: Other | New York Southern
Set/Reset Hearings
Set/Reset Hearings: Status Conference set for 8/20/2024 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (yv)
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Motion | Filed: April 18, 2024 | Entered: April 18, 2024 Jimenez Del Rosario v. Baldor Specialty Foods, Inc.
Personal Property: Other | New York Southern
Approve
CONSENT MOTION to Approve Amended Class Action Settlement (Plaintiffs Unopposed Supplemental Motion for Preliminary Approval of Amended Class Action Settlement). Document filed by Eduardo Antonio Jimenez Del Rosario, Taneisha Lewis, Jayson Mercado. Return Date set for 8/19/2024 at 10:00 AM. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (Proposed Preliminary Approval Order)).(Borrelli, Raina)
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