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Lozoya v. Allphase Landscape Construction, Inc.

United States District Court, D. Colorado

February 17, 2016

JOSÉ LOZOYA, ANTONIO MALDONADO, and MARIO PEÑA Plaintiffs,
v.
ALL PHASE LANDSCAPE CONSTRUCTION, INC., a Colorado corporation, DONALD TROY TINBERG, and MARK FISHER, Defendants.

ORDER APPROVING SETTLEMENT, CERTIFYING SETTLEMENT CLASS, APPOINTING SETTLEMENT CLASS COUNSEL, DIRECTING NOTICE AND STAYING PROCEEDINGS AGAINST DEFENDANTS

HONORABLE JOHN L. KANE, UNITED STATES DISTRICT JUDGE

Exhibit A

Plaintiffs, José Lozoya, Antonio Maldonado, and Mario Peña (“Lead Plaintiffs”), on behalf of themselves and on behalf of the Plaintiffs’ Class (collectively “Plaintiffs”), and All Phase Landscape Construction, Inc. (“All Phase”), Donald Troy Tinberg, and Mark Fisher (collectively “Defendants”), by counsel, have submitted Class Action Settlement Agreement and have applied, pursuant to Fed.R.Civ.P. 23 for an order: (1) Approving the Terms and Conditions set forth in the Settlement Agreement as fair, reasonable and adequate; (2) approving forms, content and a program for Notice to the Settlement Class; and (3) scheduling a Final Fairness Hearing to consider final approval of the Settlement.

The Court has given due consideration to the terms of the Settlement, the Exhibits to the Settlement, the submissions of the Parties in support of preliminary approval of the Settlement, and the record of proceedings herein, and now approves the proposed Settlement for purposes of notifying the Settlement Class of the opt-out and objection deadlines and the date of the Final Fairness Hearing.

ACCORDINGLY, IT IS HEREBY ORDERED:

1. This Court has jurisdiction of the subject matter of this litigation and jurisdiction over Plaintiffs and Defendants in the above-captioned case (the “Parties”).

2. The Parties have maintained and may maintain this litigation as a class action under The Fair Labor Standards Act (“FSLA”) and Fed.R.Civ.P. 23 for settlement purposes on behalf of the following class (the “Settlement Collectives”):

a. FLSA Collective: All Lead Plaintiffs, Opt-in Plaintiffs and Class Members who have been employed by Defendant in an hourly capacity, who performed maintenance, enhancements, irrigation installation, repair, service or maintenance, and/or snow removal on behalf of Defendants within the State of Colorado, who have worked more than 40 hours in at least one week during the Class Period, and whose claims are not time-barred.
b. State Law Collective: All Lead Plaintiffs, opt-out Plaintiffs, and Class Members who have been employed by Defendants as hourly employees who performed maintenance, enhancements, irrigation installation, repair, service or maintenance, and/or snow removal on behalf of Defendants within the State of Colorado, who have worked more than 40 hours in at least one week during the Class Period, and whose claims are not time-barred.

3. Pursuant to the Court’s Order dated January 21, 2014, the FLSA collective is certified as a class.

4. Pursuant to the Court’s Order dated March 31, 2015, the State Law Collective is certified as a class under Fed.R.Civ.P. 23.

5. Pursuant to this Court’s within Order David H. Miller and Rachel Graves of the firm Sawaya & Miller are appointed Class Counsel.

6. The terms of the parties’ Settlement Agreement are sufficiently fair, reasonable, and adequate to allow dissemination of the notice of the proposed Settlement Agreement to the Class members. This determination permitting notice to the Class is not a final finding that the Settlement Agreement is fair, reasonable, and adequate, but simply a determination that there is probable cause to submit the proposed Settlement to the Class.

7. In the event that the Settlement does not become Final in complete accordance with the terms of the Settlement Agreement, then this Order shall be rendered null and void and be vacated and the ...


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