United States District Court, D. Minnesota
Rosalee Dahlheimer, Jessica Onu, and Jessica Garcia, individually and on behalf of all others similarly situated, Plaintiffs,
Massage Retreat & Spa, Inc. and Lee Oberg, Defendants.
ORDER FOR CLASS CERTIFICATION, FINAL APPROVAL OF
CLASS ACTION SETTLEMENT, AND DISMISSAL WITH
Katherine Menendez United States Magistrate Judge
above-entitled matter came before the undersigned on
September 30, 2019, on the parties' joint motion for an
Order granting Final Approval of Settlement, to Certify the
Proposed Settlement Class, to Certify the Named Plaintiffs as
Class Representatives, to Certify Joshua R. Williams as Class
Counsel, and to Approve Service Awards, Attorneys' Fees
and Costs and Claims Administration Costs.
on all of the files, records, and proceedings herein, the
Court hereby finds and concludes:
Named Plaintiffs filed this lawsuit against Defendants
alleging violations of the federal Fair Labor Standards Act
(“FLSA”), the Minnesota Fair Labor Standards Act
(“MFLSA”), the Minnesota Payment of Wages Act
(“MPWA”), Breach of Contract, Unjust
Enrichment/Quantum Meruit, and Civil Liability for Theft (the
Settlement Class was preliminarily approved by the Court on
June 24, 2019 and, pursuant to Rule 23 of the Federal Rules
of Civil Procedure was defined, for purposes of settlement
only, as: “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.”
Court has jurisdiction over the subject matter of this
Litigation and all Parties to this Litigation, including all
Settlement Class Members (as defined above), including,
without limitation, jurisdiction to approve the proposed
settlement, grant final certification of the Settlement
Class, and dismiss this Litigation with prejudice.
Class Representatives appointed in this Court's Order
Certifying Classes for Settlement Purposes Only and Approving
Notice of Settlement have fairly and adequately represented
the Settlement Class throughout the proceedings and are
hereby finally confirmed and appointed as Class
purposes of approving and effectuating the settlement, and
only for such purposes, the prerequisites for certifying this
Litigation as a class action under Rule 23 of the Federal
Rules of Civil Procedure have been met and that the
settlement in this case is fair, reasonable, adequate and in
the best interest of the Named Plaintiffs and the Settlement
settlement agreement applies a self-executing formula to
equitably distribute an award among Settlement Class Members
commensurate to the alleged damages each Settlement Class
Settlement Agreement provides for a full and final resolution
of this Litigation, subject to the approval of the Court and
the entry of this Order the accompanying Final Judgment.
approving a class action settlement, the Court must be
satisfied that the settlement was not the product of fraud or
collusion between the parties. In the instant case, the
settlement agreement was the result of hard-fought litigation
between the parties, with vigorous advocacy on both sides.
After arms-length negotiations with the assistance of a
neutral mediator, the parties were able to agree to
compromises as set forth in the settlement agreement. The
Court finds that the settlement is not the product of fraud
or collusion between the parties.
Following preliminary approval of the proposed settlement,
the appointed Claims Administrator mailed Notice, Claim
Forms, and Opt-Out Forms to 363 eligible Class Members in
compliance with the Court's June 24, 2019 Order to
Preliminarily Approve the Settlement. (Declaration of Notice
Administrator Chris Amundson, ECF No. 48).
Notice advised Settlement Class Members of the background of
the Litigation and terms of the proposed settlement, of the
Final Approval Hearing, and their right to appear at such
Hearing, of procedures for exercising such rights, of the
scope of the Release, and of the binding effect of this Order
and the accompanying Final Judgment in this Action.
Notice provided to the Settlement Class constitutes the best
and most practicable notice under the circumstances. The
Notice was designed to provide notice in the manner most
likely to be received and read by Settlement Class Members.
The Settlement Class received valid, due, and sufficient
notice that complied ...