United States District Court, W.D. North Carolina, Charlotte Division
WILLARD ALLEN RILEY MARIO RONCHETTI SCOTT REHBERG, individually and on behalf of all similarly situated individuals, Plaintiffs,
FLOWERS BAKING COMPANY OF JAMESTOWN, LLC FLOWERS FOODS, INC., Defendants.
Cogburn Jr United States District Judge
MATTER is before the court on the joint Motion for Final
Approval of Class and Collective Action Settlement (#248) and
unopposed Motion for Attorney Fees, Costs, and Payment of
Service Awards (#244). Having considered those motions, the
proposed settlements, the presentation of the parties as made
at the June 27, 2017, hearing, and reviewed the transcript of
that hearing, the court finds that all aspects of the Class
Action Fairness Act, 28 U.S.C. § 1715, have been fully
complied with and that the settlement is a reasonable
resolution of this dispute, and that the fees, costs, and
service awards are also reasonable as fair as more fully
discussed at the hearing, the court enters the following
THEREFORE, ORDERED that the unopposed Motion for Attorney
Fees, Costs, and Payment of Service Awards (#244) is ALLOWED,
and the Court AWARDS Class Counsel attorneys' fees and
reimbursement of expenses in the amount of $3.8 million. As
the service awards are to representative members of the
class, such awards are addressed infra;
FURTHER ORDERED that the joint Motion for Final Approval of
Class and Collective Action Settlement (#248) is GRANTED, as
defined terms contained herein shall have the same meaning as
set forth in the Settlement Agreement executed by the Parties
and filed with the Court.
Court has jurisdiction over the Parties, has subject-matter
jurisdiction over the federal law claims, and has
supplemental jurisdiction over the state-law claims.
Court hereby approves the Settlement Agreement and the terms
set forth therein as fair, adequate, and reasonable, and
hereby directs the Parties to perform, or cause to be
performed, the remaining terms of the Settlement as set forth
in the Settlement Agreement. The Court authorizes the payment
by the Settlement Administrator, of Valid Claims that have
been approved by the Settlement Administrator, in accordance
with the terms of the Settlement Agreement. The Court further
approves the Parties' agreement to maintain a reserve
fund of 1% of the settlement, or $52, 000 to be held for
payments to self-identified Class members, if any.
Court hereby dismisses with prejudice this action,
specifically including the Released Claims.
entry of this Final Approval Order, all Named Plaintiffs and
NCWHA Class Members shall be deemed to have fully, finally,
and forever released, relinquished, and discharged all
Released Claims, as defined in the Settlement Agreement,
against all Releasees, that were brought or which could have
been brought in an action arising out of or relating to
allegations of misclassification as independent contractors
set forth in the Complaint. In addition, FLSA Settlement
Releasors who choose to release their FLSA claims against
Releasees will be required to execute a release of claims on
the Current or Former Distributor FLSA Claim Form and
Court finds that the administration of the Settlement process
was performed in accordance with the Preliminary Approval
Order entered by this Court on March 17, 2017 (#242), and
that the Settlement Notice was reasonable, constituted the
most practicable notice under the circumstances, and complied
with the requirements of the Federal Rules of Civil Procedure
and due process.
Court finds that the administration of the notice required by
the Class Action Fairness Act (“CAFA”), 28 U.S.C.
§ 1715, was performed in accordance with the Preliminary
Approval Order entered by this Court on March 17, 2017
(#242), and with the requirements of CAFA.
Dixon, XXX XXXXX XXXXX, Salisbury, NC 28146 is excluded from
the settlement and shall not be bound by this Order and shall
not receive any benefits of the settlement.
Court hereby approves the Service Awards of $12, 500 to
Plaintiffs Scott Rehberg, Willard Allen Riley, and Mario
Ronchetti, and directs payment of that amount from the Class
Settlement Fund to each of ...