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Perez v. Central Ohio Gaming Ventures, LLC

United States District Court, S.D. Ohio, Eastern Division

June 12, 2017

CAMILLA PEREZ, Individually and on behalf of other members of the general public similarly situated; and shannon shortridge, individually and on behalf of other members of the general public similarly situated; Plaintiffs,
v.
CENTRAL OHIO GAMING VENTURES, LLC, Defendant.

          JUDGE MICHAEL H. WATSON

          FINAL ORDER AND JUDGMENT APPROVING CLASS AND COLLECTIVE ACTION SETTLEMENT

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         WHEREAS Representative Plaintiffs Camilla Perez and Shannon Shortridge and Defendant Central Ohio Gaming Ventures, LLC (“COGV”) entered into a Confidential Class and Collective Action Settlement Agreement (“Settlement Agreement”) on February 16, 2017, to resolve this class and collective action lawsuit (“Lawsuit”);

         WHEREAS the Court entered an Order dated February 17, 2017, preliminarily approving the Settlement consistent with the requirements of 29 U.S.C. § 216(b) and Federal Rule of Civil Procedure 23, certifying a settlement class, ordering that notice be sent to all Collective and Class Members, scheduling a Final Approval Hearing, and providing Collective and Class Members with an opportunity to opt out of or object to the Settlement (“Preliminary Approval Order”);

         WHEREAS Representative Plaintiffs Camilla Perez and Shannon Shortridge and COGV submitted Revised Notices of Class/Collective Action Lawsuit Settlement (“Revised Notices”) for Court approval, and the Court approved said Revised Notices on March 6, 2017;

         WHEREAS the Court held a final approval hearing on June 12, 2017, to determine whether to give final approval to the proposed Settlement; and

         WHEREAS the Court makes the following Findings of Fact and Conclusions of Law in support of the approval of the proposed Settlement.

         NOW, THEREFORE, based on the submissions of the Parties, all prior proceedings in this action, and on the evidence and arguments presented at the Final Approval Hearing, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

         1. Incorporation of Other Documents. This Final Order and Judgment Approving Class and Collective Action Settlement (the “Final Approval Order”) incorporates herein the Settlement Agreement and Revised Notices. Unless otherwise provided herein, all capitalized terms in this Final Approval Order shall have the same meaning as set forth in the Settlement Agreement.

         2. Jurisdiction. Because adequate notice has been disseminated and all Collective and Class Members have been given the opportunity to opt out of the Settlement, the Court has personal jurisdiction with respect to the claims of all Collective and Class Members. The Court has subject matter jurisdiction over the Lawsuit, including jurisdiction to approve the proposed Settlement, grant final certification of a settlement class, and dismiss the Lawsuit.

         3. Final Class and Collective Action Certification. A class is certified for settlement purposes only based on the Court's finding that the proposed settlement class satisfies all applicable requirements of Federal Rule of Civil Procedure 23 and due process. The “Settlement Class” consists of all employees who worked at the Hollywood Casino in Columbus, Ohio, as a Buffet Server, Buffet Busser/Runner, Buffet Host/Hostess, Steakhouse Server, Steakhouse Host/Hostess, Steakhouse Bartender, Steakhouse Busser, Banquet Attendant, OH Lounge Server, OH Lounge Host/Hostess, OH Lounge Busser, Beverage and Floor Department Bartender, Beverage and Floor Department Barback, Beverage Server, Deli Department/Take 2 Food and Beverage Attendant, Slot Technician, Security Officer and/or EMT Officer as their primary and/or secondary job codes between July 22, 2012 and October 14, 2016. Representative Plaintiffs and members of the Settlement class who filed consents to join the Lawsuit pursuant to the Court's December 8, 2015 Order granting conditional certification pursuant to 29 U.S.C. § 216(b) are collectively referred to as “Collective Members.” A collective action under Section 216(b) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., is certified for settlement purposes consisting of all Collective Members and all other members of the Settlement Class who accept settlement payments under the terms of the Settlement Agreement.

         4. Adequacy of Representation. Greg Mansell of Mansell Law, LLC and Matthew Coffman of Coffman Legal, LLC have fully and adequately represented the Settlement Class for purposes of entering into and implementing the settlement and have satisfied the requirements of Federal Rule of Civil Procedure 23.

         5. Class Representatives. For purposes of settlement, the Court approves the Representative Plaintiffs, Camilla Perez and Shannon Shortridge, as the Class Representatives.

         6. Class Notice. The Court finds that the Class Member Notice and Collective Member Notice and their distribution to the Settlement Class have been implemented pursuant to the Settlement ...


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