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Muse v. Huntleigh USA Corporation

United States District Court, W.D. Washington, Seattle

October 26, 2017

ALIN MUSE, an individual, Plaintiff,
v.
HUNTLEIGH USA CORPORATION, a foreign corporation; RICHARD SPORN, an individual; DIANE GALFORD, an individual, Defendants.

          ORDER GRANTING STIPULATED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

          ROBERT S. LASNIK U.S. DISTRICT COURT JUDGE

         Before the Court is the Parties' Stipulated Motion for Preliminary Approval of the Class Action Settlement (the “Stipulated Motion”). The Court has considered the Stipulated Motion and attachments thereto. This Court has also reviewed the Parties' Settlement Agreement (“Agreement”), as well as the files, records and proceedings to date in this matter.[1]

         Based on this Court's review of the Agreement and all of the files, records, and proceedings herein, the Court concludes, upon preliminary examination, that the Agreement and Settlement appear fair, reasonable, and adequate, and within the range of reasonableness for preliminary settlement approval, and that a hearing should and will be held after notice to the Settlement Class (as described in Paragraph C below) to confirm that the Agreement and Settlement are fair, reasonable and adequate and to determine whether the Settlement should be approved and final judgment entered in the Action based upon the Agreement.

         IT IS HEREBY ORDERED THAT:

         A. Preliminary Approval of Proposed Settlement.

         The Agreement is preliminarily approved as fair, reasonable and adequate and within the range of reasonableness for preliminary settlement approval. The Court finds that: (a) the Agreement resulted from extensive arm's length negotiations; and (b) the Agreement is sufficient to warrant notice of the Settlement to persons in the Settlement Class and a full hearing on the approval of the Settlement.

         B. Class Certification For Settlement Purposes Only.

         Pursuant to Rule of Civil Procedure 23(c), the Court conditionally certifies, for settlement purposes only, the following Settlement Class:

All employees of the Defendants who are alleged to have been either Hospitality Workers or Transportation Workers and who worked one or more hours within the City of SeaTac at any time during the time period from January 1, 2014, to February 14, 2016, and who were paid less than the prevailing minimum wage prescribed by City of SeaTac Ordinance 7.45.050, i.e., a base rate of $15.00 per hour in 2014 and $15.24 in 2015 and 2016.

         C. Settlement Hearing.

         A final approval hearing (the “Settlement Hearing”) shall be held before the Honorable Robert Lasnik on February 22, 2018, as set forth in the Notice to the Settlement Class, to determine whether the Agreement is fair, reasonable and adequate and should be approved. Papers in support of final approval of the Agreement, the incentive awards to Plaintiff, and Class Counsel's application for an award of attorneys' fees, costs and expenses (the “Fee Application”) shall be filed with the Court according to the schedule set forth in the chart on page 6 below. If the Settlement Hearing is postponed, adjourned, or continued by order of the Court, the Parties shall notify the Settlement Class by posting the change on the Settlement Website. After the Settlement Hearing, the Court may enter a settlement order and final judgment in accordance with the Agreement that will adjudicate the rights of the Settlement Class Members with respect to the Released Claims being settled. The scope of the Released Claims shall be a full and complete release of any and all claims, known or unknown, asserted or unasserted, arising under any provisions of Proposition 1 and Chapter 7.45 et seq. of the City of SeaTac Municipal Code, the Washington Minimum Wage Act, and the Fair Labor Standards Act.

         D. Class Notice.

         Class Notice shall be sent within twenty-one (21) days ...


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