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Vang v. KeyTronicEMS

United States District Court, D. Minnesota

January 28, 2019

Kou Thao Vang and Dao Vang, on behalf of themselves, others similarly situated, and the proposed Rule 23 Class, Plaintiffs,
v.
KeyTronicEMS and CDR Manufacturing, Inc., Defendants.

          ORDER PRELIMINARILY APPROVING COLLECTIVE AND CLASS ACTION SETTLEMENT AND DIRECTING NOTICE

          Wilhelmina M. Wright United States District Judge

         On January 23, 2019, this Court heard the parties' joint motion for preliminary approval of a class and collective action settlement. (Dkt. 23.) The parties move, pursuant to Federal Rule of Civil Procedure 23(e) and Title 29, United States Code, Section 216, for the Court to preliminarily approve, as fair and reasonable, the terms and conditions set forth in their Stipulation of Settlement dated November 7, 2018 (the Stipulation). The Court has reviewed and considered all papers filed in connection with the motion, including the Stipulation and all exhibits referenced therein, and has reviewed the parties' joint motion for preliminary approval of a class and collective action settlement. For the reasons addressed below, the Court grants the motion.

         FINDINGS OF FACT AND CONCLUSIONS OF LAW

         1. This Court has jurisdiction over the subject matter of this litigation and jurisdiction over the parties. See 28 U.S.C. §§ 1331, 1367.

         2. For the purpose of settlement only, certification of the proposed class is appropriate because the four prerequisites to class certification are met: (1) numerosity, (2) commonality, (3) typicality, and (4) adequacy of representation. See Fed. R. Civ. P. 23(a). For the purpose of settlement only, the proposed class also satisfies the predominance and superiority requirements of class certification. See Fed. R. Civ. P. 23(b)(3).

         3. For the purpose of settlement only, certification of the proposed class as a collective action under the Fair Labor Standards Act (FLSA) is appropriate because the proposed class comprises similarly situated employees. See 29 U.S.C. § 216(b).

         4. The Court has conducted a preliminary fairness review of the Stipulation pursuant to Federal Rule of Civil Procedure 23(e). The Stipulation is fair, reasonable, and adequate, and the negotiated resolution, including the payments to be made to the Settlement Class Members and to the Settling Plaintiffs who file a Claim Form and Release, is within the range of fair and reasonable settlements for both the Settlement Class Members and the Settling Plaintiffs.

         5. The plan for notice set forth in the Stipulation, including the notice documents attached thereto, comply with due process because they will provide the best notice practicable under the circumstances and are reasonably calculated to adequately apprise plaintiffs and class members of: (i) the pending lawsuit; (ii) the proposed settlement; and (iii) their rights, including the right to participate in the settlement, exclude themselves from the settlement, or object to the settlement, as applicable to each person.

         Based on the forgoing and all of the files, records, and proceedings herein IT IS ORDERED THAT:

         1. The parties' joint motion for preliminary approval of a class and collective action settlement, (Dkt. 23), is GRANTED as addressed herein.

         2. Definitions. Unless otherwise defined, all terms used in this Order have the same meanings as defined in the Stipulation.

         3. Settlement Class. The following class is conditionally certified for the purpose of settlement only: All persons who worked as Manufacturing Associates for KeyTronic at KeyTronic's Oakdale, Minnesota facility at any time from December 14, 2014, through April 11, 2018. Plaintiffs Kou Thao Vang and Dao Vang are conditionally approved as Class Representatives. Plaintiffs' Counsel are conditionally approved as class counsel.

         4. Settlement Collective Action. Pursuant to the procedures for a collective action under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., the Court certifies a collective action, for the purpose of settlement only, of all persons who worked as Manufacturing Associates for KeyTronic at KeyTronic's Oakdale, Minnesota facility during the Relevant Period.

         5. Settlement Approval. The Settlement Agreement, including but not limited to (1) the release of Federal Released Claims and the State Law Released Claims, (2) the amount of the Total Settlement Amount, (3) the plan of allocation, and (4) the form and content of the Class Notice and Claim Form and Release, are preliminarily approved as fair and ...


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