Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dahlheimer v. Massage Retreat & Spa, Inc.

United States District Court, D. Minnesota

June 24, 2019

Rosalee Dahlheimer, Jessica Onu, and Jessica Garcia, individually and on behalf of all others similarly situated Plaintiffs,
v.
Massage Retreat & Spa, Inc. and Lee Oberg Defendants.

          Joshua R. Williams, counsel for plaintiff

          Joel P. Schroder, Best & Flanagan LLP, and Andrew J. Voss and John H. Lassetter, Littler Mendelson, PC, counsel for defendants

          ORDER CERTIFYING CLASSES FOR SETTLEMENT PURPOSES ONLY AND APPROVING PROPOSED NOTICE OF SETTLEMENT

          Katherine Menendez United States Magistrate Judge

         This matter is before the Court on a Joint Motion to Certify Class and for Preliminary Approval of Settlement. (ECF No. 33.) The parties have consented to this Court's jurisdiction in accordance with 28 U.S.C. § 636(c) and Rule 73 of the Federal Rules of Civil Procedure. (ECF No. 40.) The Court conducted a telephonic status conference and a hearing regarding this motion. (ECF No. 44.)

         Having reviewed the parties' joint filings and their arguments at the hearings; the settlement agreement and exhibits; and the filings, records, and pleadings in this matter, pursuant to Federal Rule of Civil Procedure 23(e), IT IS HEREBY ORDERED as follows:

         1. The Joint Motion to Certify Class and for Preliminary Approval of Settlement (ECF No. 33) is GRANTED; and the proposed notices of settlement, opt-out form and claim form (ECF No. 36-1, Exs. A, B, C) are APPROVED.

         2. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of settlement only, the Court hereby certifies this lawsuit as a class action on behalf of the following settlement group:

All current and former Skin Therapists, Lead Skin Therapists, Massage Therapists, or Lead Massage Therapists employed by Massage Retreat & Spa, Inc. between June 8, 2015 and May 13, 2018.

         3. In support of this settlement group, the Court finds as follows:

a. The parties do not dispute and the Court concludes that the estimated 300 class members satisfy the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1).
b. There are several important questions of law common to all class members.
c. Plaintiffs Rosalee Dahlheimer, Jessica Onu, and Jessica Garcia's claims emanate from the same conduct of Massage Retreat & Spa, Inc. and Lee Oberg as that giving rise to the claims of the class members, and their claims are typical of the claims of the class members. Their claims do not conflict with those of other class members and rely upon the same legal theories.
d. The named plaintiffs have been thoroughly involved in this matter and can fairly and adequately represent the interests of the class members. Plaintiff's counsel has experience in this type of litigation and can also fairly and adequately represent the interests of the class members.
e. Questions common to the class predominate over any individual claims, and resolving the common questions through a class action is preferable to doing so through individual ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.