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Vang v. KeyTronicEMS and CDR Manufacturing, Inc.

United States District Court, D. Minnesota

May 14, 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 GRANTING FINAL APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT

          Wilhelmina M. Wright United States District Judge.

         This matter is before the Court on the Parties' joint motion for final approval of their collective and class action settlement and Plaintiffs' unopposed motion for attorneys' fees and costs. (Dkt. 31.) On May 8, 2019, the Court held a Fairness Hearing to determine whether the Stipulation of Settlement dated November 7, 2018 (the Stipulation) should be finally approved as fair, reasonable, and adequate. The Court has considered all the submissions and arguments of the Parties. For the reasons addressed below, pursuant to Federal Rule of Civil Procedure 23 and Title 29, United States Code, Sections 201 et. seq., and in accordance with the terms of the Stipulation, the Court finds good cause to grant the Parties' motion and issue final judgment in this Litigation.

         FINDINGS OF FACT AND CONCLUSIONS OF LAW

         1. Jurisdiction.

         The Court has jurisdiction over this Litigation and jurisdiction over the Parties. See 28 U.S.C. §§ 1331, 1367.

         2. Fair Settlement.

         Having considered all the files, records, and proceedings in this action, the Court finds that the Settlement is fair, reasonable, and adequate in all respects, and complies with Federal Rule of Civil Procedure 23(e) and due process of law. In reaching this determination, the Court has considered “(1) the merits of the plaintiff[s'] case, weighed against the terms of the settlement; (2) the defendant's financial condition; (3) the complexity and expense of further litigation; and (4) the amount of opposition to the settlement.” In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 932 (8th Cir. 2005).

         3. Parties' Compliance with Settlement Agreement; Notice.

         The Parties have adequately performed their obligations under the Stipulation, including but not limited to providing notice of the settlement in accordance with the Stipulation and governing law. The notice of the settlement that was provided in accordance with the Stipulation was the best notice practicable under the circumstances of these proceedings and fully satisfied the requirements and the procedures for a collective action under the Fair Labor Standards Act (FLSA) and the requirements of due process. See Fed. R. Civ. P. 23(c)(2)(b), (e) (requiring “best notice that is practicable under the circumstances, ” provided “in a reasonable manner, ” to class members as to class certification and proposed settlement); 29 U.S.C. § 216(b) (requiring written consent from employee plaintiffs in a collective action under FLSA); Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165, 172 (1989) (recognizing that notice process under FLSA should be “timely, accurate, and informative”).

         4. The Settlement Is a Good-Faith Settlement of a Bona Fide Dispute.

         The Settlement of this Litigation was not the product of collusion between Plaintiffs and the Defendants or their respective counsel, but rather it constitutes the settlement of a bona fide dispute as a result of arm's-length negotiations conducted in good faith between the parties and their counsel.

         Based on the foregoing and all the files, records, and proceedings herein, IT IS HEREBY ORDERED:

         1. ...


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