Dominguez v. Future Technologies, LLC

          ORDER GRANTING PLAINTIFFS' UNCONTESTED MOTION FOR PRELIMINARY APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT

          STEFAN R. UNDERHILL UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Plaintiffs' Uncontested Motion for Preliminary Approval of Collective and Class Action Settlement. Having reviewed the Motion, the Settlement Agreement, the accompanying materials, and the record in this case, and for good cause shown:

         IT IS HEREBY ORDERED AND ADJUDGED THAT:

         Preliminary Approval of Settlement Agreement

         1. The Court finds for the purposes of preliminary approval, that the proposed settlement, as set forth in the Settlement and Release Agreement, is fair, reasonable, adequate, and in the best interest of the FLSA Class and Rule 23 Class. The Court further finds that the Settlement was entered into at arm's length by highly experienced counsel. The Court therefore preliminarily approves the proposed settlement.

         Class Certification

         2. The Court conditionally certifies, for settlement purposes only, pursuant to 29 U.S.C. § 216 an FLSA Class, defined as:

all current or former technicians employed by Future Technologies, LLC during the Class Period^[1] who properly fill out and return the Opt-in Form (attached to the Class Notice) before the expiration of the Opt-In/Opt-Out/Objection Deadline.

         3. The Court conditionally certifies, for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(a) and 23(b)(3), a Rule 23 Class defined as:

all current or former technicians who were employed by Future Technologies, LLC in Connecticut, Nebraska, Virginia, Rhode Island, and Ohio during the Class Period who do not properly fill out and return the Opt-out Form (attached to the Class Notice) before the expiration of the Opt-In/Opt-Out/Objection Deadline.

         Excluded from the FLSA Class and Rule 23 Class are: Future Technologies, LLC; any of its parents, subsidiaries, or affiliates; any entity controlled by it; any officer, director, member, manager, legal representative, predecessor, successor, or assignee; any person who has previously released claims that will be released by this settlement; and federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof) and the judge to whom the matter is assigned and any member of his immediate family.

         4. Pursuant to the Settlement Agreement, and for settlement purposes only, the Court finds as to the Rule 23 Class that:

a. the class is so numerous that joinder of all members is ...