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Acevedo v. Brightview Landscapes, LLC

United States District Court, M.D. Pennsylvania

March 21, 2017

JONATHAN AMADOR ACEVEDO, MITCHELL BRATTON, JEREMY BUSSE, STEPHEN PULLUM, ERIC MIGDOL, and JOSE GONZALEZ, individually and on behalf of all other similarly situated, Plaintiffs,
v.
BrightView Landscapes, LLC, f/k/a/ THE BRICKMAN GROUP LTD. LLC, Defendant.

          ORDER

          MALACHY E. MANNION United States District Judge

         In light of the Memorandum issued this same day, IT IS HEREBY ORDERED THAT the plaintiffs' amended, unopposed motion for preliminary approval of the parties' settlement agreement, (Doc. 118), is GRANTED as follows:

         (1) The State Settlement Class referenced in the parties' amended settlement agreement, (Doc. 118-3), is preliminarily certified as a settlement class, defined as follows:

all individuals who were paid by The Brickman Group for work performed in Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, or Wisconsin and who, at any time between October 8, 2010 and June 8, 2014, were paid a salary, but worked under a pay plan in which they were eligible to receive “fluctuating workweek”-type half-time overtime pay for hours worked over 40 in a workweek (meaning at a rate that decreased with each overtime hour worked, rather than at time-and-a-half their hourly rate), including but not limited to salaried landscape/crew/irrigation Supervisors and those in similarly titled positions;

         (2) All named plaintiffs are preliminarily appointed as class representatives for the State Settlement Class;

         (3) Berger Montague, P.C. and Head Law Firm, LLC are preliminarily approved as class counsel for the State Settlement Class;

         (4) The amended settlement agreement, (Doc. 118-3), is preliminarily approved, subject to final approval at the final fairness hearing;

         (5) Dahl Administration is preliminarily approved as the settlement administrator;

         (6) The proposed class notices and claim forms, attached to the amended settlement agreement as Exhibits A, B, and C are approved and shall be sent out pursuant to the terms of the amended settlement agreement;

         (7) The following schedule and procedures for completing the final approval process as set forth in the parties' amended settlement agreement are hereby approved as follows:

Defendant to send notice
Within ten (1) days after submission of the settlement agreement to the court
The parties to provide class member information to the settlement administrator
Within fourteen (14) days after the court's preliminary approval order
Mailing of class notices and claim forms
Within five (5) business days after receipt of class member information
Reminder Notice
Twenty-one (21) days after the settlement administrator initially mails the notices and claims forms
Plaintiffs' motion for approval of attorneys' fees and costs
Twenty-five (25) days after the mailing of notices and claims forms
Objection and exclusion deadline
Thirty (30) days after the initial mailing of notices and claims forms
Claim deadline
Sixty (60) days after the initial mailing of the notices and claims forms
Plaintiffs' Unopposed motion for final approval
Ten (10) business days prior to the final approval hearing
Final approval Hearing
At the court's convenience, but no earlier than 100 days after the court's preliminary approval order [DATE]

         (8) The final approval hearing is hereby preliminarily set for July 21, 2017 at 9:30 a.m. in Courtroom 3, William J. Nealon Federal Building & U.S. Courthouse, 235 N. Washington Avenue, Scranton, PA 18501;

         (9) In accordance with the above schedule provided by the parties, ten (10) business days prior to the final approval hearing the parties shall file a motion and memoranda in support of final approval of the amended settlement agreement, in addition to seeking final certification of the State Settlement Class and the Collective Group preliminarily certified on February 14, 2014, (Doc. 35).

         IT IS FURTHER ORDERED THAT the plaintiffs' original, unopposed motion for preliminary approval of the parties' settlement agreement, (Doc. 104), and the parties joint motion for a hearing to discuss changes to the original agreement, (Doc. 115), are DENIED as moot. The Clerk of Court is also directed to change the name of the defendant in this action from “The Brickman Group Ltd. LLC” to ...


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