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Order Preliminarily Approving Class Action Settlement Case 1:17-cv-03048-SDA Document 112 Filed 04/12/19 Page 1 of 84 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Local 1180, Communications Workers Of 4/12/2019 America, AFL‐CIO et al, 1:17‐cv‐03048 (SDA) Plaintiffs, ‐against‐ City Of New York et al, Defendants. ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT STEWART D. AARON, United States Magistrate Judge. WHEREAS, the Plaintiffs and Defendants have entered into a Stipulation Of Class Action Settlement And Proposed Preliminary Order Of Approval (hereinafter “Stipulation of Settlement”); and WHEREAS, this Stipulation of Settlement, together with its attached Appendices, sets forth the terms and conditions of the proposed settlement and dismissal with prejudice of this action; and WHEREAS, the Court has before it Plaintiffs’ Motion for an Order Preliminarily Approving the Stipulation of Class Action Settlement And Proposed Preliminary Order of Approval which includes the Stipulation of Settlement, Memorandum of Law and Declaration in Support, together with the supporting materials; and 1 Case 1:17-cv-03048-SDA Document 112 Filed 04/12/19 Page 2 of 84 WHEREAS, the Court is satisfied that the terms and conditions set forth in the Stipulation of Settlement were the result of good faith, arm’s length settlement negotiations between competent and experienced counsel for both Plaintiffs and Defendants. IT IS HEREBY ORDERED AS FOLLOWS: 1. Capitalized terms used in this Order have the meanings assigned to them in the Stipulation of Settlement and this Order. 2. The terms of the parties’ Stipulation of Settlement are hereby conditionally approved, subject to further consideration thereof at the final approval hearing (hereinafter the “Fairness Hearing”) provided for below. The Court finds that said settlement is sufficiently within the range of reasonableness and that notice of the proposed settlement should be given as provided in this Order. 3. Pursuant to Fed R. Civ. P. 23, the Court conditionally certifies the following settlement class: All people employed by the City in the title of Administrative Manager, Non‐ Managerial at any time during the period from December 1, 2013 through April 30, 2017 in any agency, authority or other entity excluding only those Administrative Managers who worked at New York Transit Authority. 4. The Court approves the “Notice of Proposed Settlement and Fairness Hearing in Administrative Manager, Non‐Managerial Litigation” attached hereto as Exhibit 1. The Court also approves the Notice requirements outlined in Paragraphs 30 through 41 of the Stipulation of Settlement. 2 Case 1:17-cv-03048-SDA Document 112 Filed 04/12/19 Page 3 of 84 Notice to Settlement Class and Appointment of Settlement Administrator 5. Counsel for the Class (“Class Counsel”) are as follows: Yetta G. Kurland along with The Kurland Group 85 Broad Street, 28th Floor New York, N.Y. 100004 Telephone: (212) 253‐6911 6. No later than seven (7) days from the date of this Order, the Claims Administrator shall cause to be disseminated notices, substantially in the form attached as Exhibit A hereto, in the manner set forth in outlined in Paragraphs 30 through 41 of the Stipulation of Settlement. Class members shall have until May 17, 2019 to opt out of or to file objections to the settlement. Prior to the Fairness Hearing, the Claims Administrator shall serve and file a sworn statement attesting to compliance with the provisions of this paragraph. 7. The notice to be provided as set forth in the Stipulation of Settlement is hereby found to be the best practicable means of providing notice under the circumstances and, when completed, shall constitute due and sufficient notice of the proposed settlement and the Fairness Hearing to all persons and entities affected by and/or entitled to participate in the settlement, in full compliance with the notice requirements of Fed R. Civ. P. 23, due process, the Constitution of the United States, the laws of New York and all other applicable laws. The Notices are accurate, objective, informative and provide Class members with all the information necessary to make an informed decision regarding their participation in the settlement and its fairness. 3 Case 1:17-cv-03048-SDA Document 112 Filed 04/12/19 Page 4 of 84 Requests to Opt‐Out of the Settlement Class 8. Any member of the Settlement Class that wishes to be excluded (“opt out”) from the Settlement Class may do so in writing (“Opt‐out form”) by sending the Opt‐out form so that it is received by the Claims Administrator at the address indicated in the Notice on or before the close of the opt out period. The Opt‐out form shall fully comply with the requirements set forth in the Stipulation of Settlement. Settlement Class Members may not opt‐out for themselves by filing requests to opt‐out as a group or class, but must in each instance individually and personally execute an Opt‐out form and timely transmit it to the Claims Administrator. 9. Any member of the Settlement Class who does not properly and timely request to opt‐ out of the Settlement Class shall be bound by all the terms and provisions of the Stipulation of Settlement, whether or not such person objected to the Settlement and whether or not such person made a claim upon, or participated in, the Back Pay pursuant to the Stipulation of Settlement. 10. The Court hereby appoints RG2 Claims Administration, LLC as Claims Administrator in accordance with the terms of the Stipulation of Settlement and this Order. The Fairness Hearing 11. The Fairness Hearing is hereby scheduled to be held before this Court on June 4, 2019, at 2:00 p.m. to consider the fairness, the reasonableness and adequacy of the proposed settlement. Class Counsel’s application for an award of attorneys’ fees and costs shall be 4 Case 1:17-cv-03048-SDA Document 112 Filed 04/12/19 Page 5 of 84 made after the Fairness Hearing but before the final approval of this Settlement, as scheduled by the Court and in compliance with the terms of the Stipulation of Settlement. 12. The date and time of the Fairness Hearing shall be set forth in the Notice, but the Fairness Hearing shall be subject to adjournment by the Court without further notice to the Settlement Class Members other than that which may be posted by the Court. The Claims Administrator shall advise Settlement Class Members of any scheduling issues by way of the settlement website. 13. Any person who does not opt‐out from the Settlement may, but need not, enter an appearance through his or her own attorney. Settlement Class Members who do not enter an appearance through their own attorneys will be represented by Class Counsel. 14. Any Settlement Class Member who does not opt‐out of the Settlement may, but need not, submit comments or objections to the proposed Stipulation of Settlement. Any Settlement Class Member may object to the proposed Stipulation of Settlement, final approval of the Settlement, and/or Class Counsel’s application for attorneys’ fees and expenses by serving a written objection pursuant to the terms of the Stipulation of Settlement. 15. Any Class member making the objection (an “objectant”) must sign the objection personally. An objection must state the objectant’s name, address, telephone number, and email address; set forth a specific description of the objectant’s basis for objecting; state the name and contact information of the objectant’s attorney, if any (other than Class Counsel Yetta G. Kurland and/or The Kurland Group); and state whether the objectant wishes the opportunity to be heard in Court at the Fairness Hearing. If an 5 Case 1:17-cv-03048-SDA Document 112 Filed 04/12/19 Page 6 of 84 objectant intends to appear personally at the Fairness Hearing, the objectant must include with the objection a notice of the objectant’s intent to appear at the hearing. 16. Objections, along with any notices of intent to appear, must be postmarked no later than May 17, 2019. If counsel is appearing on behalf of more than one Settlement Class Member, counsel must identify each such Settlement Class Member and each Settlement Class Member must have complied with the requirements of the Stipulation of Settlement and this Order. These documents must be filed with the Court at the following address: Clerk of Court U.S. District Court for the Southern District of New York 500 Pearl Street New York, NY 10007 17. Objections, along with any notices of intent to appear, must also be mailed to Class Counsel at the address listed below: The Kurland Group 85 Broad Street, 28th Floor New York, N.Y. 10004 18. Only Settlement Class Members who have filed and served valid and timely notices of objection requesting to be heard shall be entitled to be heard at the Fairness Hearing. Any Settlement Class Member who does not timely file and serve an objection in writing prior to the Fairness Hearing and in accordance with the terms and deadlines of the Notice, to the Stipulation of Settlement, final approval of the Settlement, or Class Counsel’s fees, costs and expenses, shall be deemed to have waived any such objection. 6 Case 1:17-cv-03048-SDA Document 112 Filed 04/12/19 Page 7 of 84 19. Persons wishing to be heard at the Fairness Hearing are required to file written comments or objections and indicate in their written comments or objections their intention to appear at the Fairness Hearing. 20. Settlement Class Members need not appear at the hearing or take any other action to indicate their approval. 21. All Settlement Class Members who do not personally and timely request to opt‐out of the Settlement Class shall be part of this settlement and shall be enjoined from proceeding against the Defendants for the claims made in the Complaint.
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