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Lapan v. Dick's Sporting Goods, Inc.

United States District Court, D. Massachusetts

March 25, 2016

CHERYL LAPAN, MICHELLE SHUTT, AARON WILLIAMS, ANA TOTH, JOHN BOUCHARD, and PATRICK KACZMARCZYK, individually and on behalf of all other persons similarly situated, Plaintiffs,
v.
DICK'S SPORTING GOODS, INC., Defendant.

ORDER CONFIRMING CERTIFICATION OF CLASS/COLLECTIVE ACTION AND GRANTING FINAL APPROVAL TO SETTLEMENT, AND GRANTING CLASS COUNSEL'S MOTION FOR ATTORNEYS' FEES, AND GRANTING PLAINTIFFS' MOTION FOR INCENTIVE PAYMENTS

RICHARD G. STEARNS, District Judge.

On December 8, 2015, the Parties to this action entered into a settlement agreement ("Settlement Agreement") and, on the same date, they moved for preliminary approval of that agreement and the terms thereof. On December 11, 2015, this Court granted preliminary approval to the Settlement Agreement, provisionally certified the FLSA Class, and provisionally certified the State Classes under Rule 23 of the Federal Rules of Civil Procedure. This Court subsequently directed that notice of the Settlement Agreement, its terms, and the applicable procedures and schedules be provided to proposed members of the Settlement Classes. All members of the Settlement Classes were given an opportunity to object to the settlement and/or opt out of it.

On March 25, 2016, the Parties filed a Joint Motion for Final Approval of Class and Collective Action Settlement and for Payment of the Claims Administrator's Costs and Expenses ("Final Approval Motion").

Also on March 25, 2016, Plaintiffs filed the Plaintiffs' Unopposed Motion for Award of Attorneys' Fees, Costs and Expenses and for Approval of Service Payments to the Named Plaintiffs ("Fee and Service Payments Motion"). Upon review and for good cause shown,

IT IS HEREBY ORDERED AND ADJUDGED THAT, upon consideration of the Settlement Agreement, the Final Approval Motion, the Fee and Service Payments Motion, as well as the briefs, declarations, arguments in support of those motions, and the proceedings in this action to date, as follows:

1. Except as otherwise specified herein, the Court for purposes of this Order adopts all defined terms in the Settlement Agreement.

2. This Court has jurisdiction over the subject matter of this action, the Parties, and the following Settlement Classes that were preliminary certified by virtue of the Court's December 11, 2015 Preliminary Approval Order:

(a) a federal "FLSA Class" consisting of all individuals who (a) file or filed a valid consent to join the LaPan Action, and (b) who worked for Defendant Dick's Sporting Goods, Inc. ("DSG") as an exempt ASM anywhere in the United States within the three-year period immediately proceeding the filing of their consent to join the LaPan Action; and

(b) individual "State Classes" consisting of all individuals employed as exempt ASMs by DSG in the following states and during the time periods specified below:

1. Arizona: all ASMs employed at any point in time between November 5, 2014 and November 5, 2015.
2. Colorado: all ASMs employed at any point in time between November 5, 2012 and November 5, 2015.
3. Connecticut: all ASMs employed at any point in time between November 5, 2012 and November 5, 2015.
4. Delaware: all ASMs employed at any point in time between November 5, 2014 ...

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