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International Franchise Association
Misc | Filed: December 20, 2022 | Entered: December 20, 2022 SERVICE EMPLOYEES INTERNATIONAL UNION v. NATIONAL LABOR RELATIONS BOARD et al
Administrative Procedure Act/Review or Appeal of Agency Decision | District Of Columbia
Interim STATUS REPORT by NATIONAL LABOR RELATIONS BOARD. (Wiese, Tyler)
Utility | Filed: December 19, 2022 | Entered: December 19, 2022 Durling et al v. Papa John's International, Inc.
Labor: Fair Standards | New York Southern
Set/Reset Hearings: Settlement Conference set for 5/23/2023 at 10:30 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml)
Order | Filed: December 19, 2022 | Entered: December 19, 2022 Durling et al v. Papa John's International, Inc.
Labor: Fair Standards | New York Southern
Order on Motion for Settlement
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND COLLECTIVE ACTION SETTLEMENT granting 590 Motion for Settlement. The Court finds on a preliminary basis that the settlement ("Settlement") memorialized in the "Class Action and Collective Action Settlement Agreement" ("Settlement Agreement") is fair, reasonable, and adequate and resolves a bona fide dispute between, on the one hand, the Opt-In Plaintiffs and Class Members, and on the other hand, Defendant. The Settlement is the result of arm's-length negotiations between experienced attorneys who are familiar with class action and collective action litigation in general and with the legal and factual issues of this case and its companion case Hubbard, et al. v. Papa John's International, Inc., No. 19-CV-00022 (W.D. Ky.), in particular, as further set forth. The Court also hereby preliminarily approves Amanda Hubbard, Joshua Boyland, Edgar Bustamante, Milton Dearry, Aaron Nelson, Jacob Pontow, Renard Webb as Class Representatives, and Richard Sobol and Muhammed Sultan as Collective Action Representatives. 9. The Court appoints RG/2 Claims Administration as the Settlement Claims Administrator, as further set forth. 11. A hearing, for purposes of determining whether the Settlement should be finally Approved for purposes of Rule 23, shall be held before this Court on May 23, 2023 at 10:30a.m. in Courtroom 621, U.S. District Couit for the Southern District of New York, The Hon.Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., WhitePlains, NY, 10601-4150. At the hearing, the Court will hear arguments concerning whether the proposed Settlement of the Class Action and Collective Action Litigation on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate and should be approved by the Court. The Court will also consider Class Counsel's request for an award of attorneys' fees and costs and for Service Payments to be made to the Named Plaintiffs and Service Award Recipients, as further set forth herein. 22. To effectuate the Settlement, and for purposes of the Settlement only, Plaintiffs are granted leave to file an amended complaint for the sole purpose of adding the Named Plaintiffs from Hubbard, et al. v. Papa John's International Inc., No. 19-CV-00022 (W.D. Ky.) ("Hubbard Named Plaintiffs") as parties to this case, as well as the state law Rule 23 class claims asserted in Hubbard, et al. v. Papa John's International Inc., No. 19-CV-00022 (W.D. Ky.). For settlement purposes only, Defendant agrees to waive any personal jurisdiction challenge related to the amendment described in this Paragraph 22. In the event that the Effective Date (as explained in the Settlement Agreement) does not occur, the Parties agree that the Hubbard Named Plaintiffs and their Rule 23 class claims shall be dismissed from his action. 23. The Court therefore preliminarily approves the proposed Settlement. IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 12/19/2022) (mml)
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