United States District Court, W.D. Texas, San Antonio Division
ROSARIO PASSMORE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; BRENDA L. CHAFTON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; MARIA WEAKS, JO ANN VEGA, KELLY SLAPE, Plaintiffs,
SSC KERRVILLE HILLTOP VILLAGE OPERATING COMPANY LLC, SSC KERRVILLE EDGEWATER OPERATING COMPANY, LLC, SSC KERRVILLE ALPINE TERRACE OPERATING COMPANY, LLC, Defendants.
ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES
the Court in the above-styled cause of action is the
parties' Joint Motion for Leave to File Settlement
Document under Seal and for Preliminary Approval of FLSA
Settlement and Brief in Support [#65]. By their motion, the
parties inform the Court that they have reached a settlement
of the pending unpaid overtime claims arising under the Fair
Labor Standards Act, 29 U.S.C. § 201, et seq.
(“FLSA”) and Texas law asserted in this case. The
parties ask the Court for permission to file their settlement
agreement under seal for the Court's review in order to
keep its contents confidential, for preliminary approval of
the agreement and notice to eligible class members, and the
appointment of a settlement administrator. The Court will
lift the previously issued stay, grant the motion, issue the
requested relief, and dismiss the pending motion for
conditional certification as mooted by the settlement.
IS THEREFORE ORDERED that the Court's previous
stay of this case is hereby LIFTED.
IS FURTHER ORDERED that the parties' Joint
Motion for Leave to File Settlement Document under Seal and
for Preliminary Approval of FLSA Settlement and Brief in
Support [#65] is GRANTED.
IS FURTHER ORDERED that Plaintiffs' Opposed
Motion for Expedited Conditional Certification of a
Collective Action and to Authorize Judicially-Supervised
Notice Under Section 216(b) and Brief in Support [#21] is
DISMISSED AS MOOT without prejudice to
refiling if the settlement is not finalized.
IS FURTHER ORDERED that the parties' Settlement
Agreement and Release [#65-1] shall be filed under
seal and the Clerk of Court is hereby instructed
that the sealed document discussed in this Order is to be
excluded from the electronic docket as well as the public
case file. All physical copies of the sealed documents
discussed in this Order shall be destroyed or returned to
counsel for Defendants within ten (10) days after the Court
enters any Order dismissing this action with prejudice.
IS FURTHER ORDERED that the Court preliminarily
approves the proposed Settlement Agreement
and Release signed by Plaintiffs and Defendants pending a
final fairness hearing. The Court preliminarily finds that
the settlement on the terms in the Agreement is a fair and
reasonable compromise of a bona fide dispute, and that such
settlement is in the best interest of the FLSA Settlement
Class. The Court further finds that the settlement as
proposed in the Agreement resulted from arms'-length
IS FURTHER ORDERED that ILYM Group, Inc. is hereby
appointed to serve as Settlement
Administrator. ILYM Group, Inc. is authorized to mail and
e-mail the respective approved Notice of FLSA Settlement and
further administer the settlement in accordance with the
terms of the Agreement and this Order. The Settlement
Administrator shall also be authorized to post the Settlement
Claim Form attached to the Settlement Agreement as Exhibit
“4” to the website KerrvilleOvertimeLawsuit.com.
IS FURTHER ORDERED that the Court hereby
approves the mail, e-mail, and text message
Notices of Settlement, appended to the Agreement as Exhibits
1 through 3. The Court finds that the form and method for
notifying the FLSA class meets the requirements of the FLSA;
that the form is the best notice practicable under the
circumstances; and that the proposed content and methods of
notice constitute due and sufficient notice to all persons
entitled to notice. No later than ten (10) business days
after the date that the Settlement Administrator receives the
list of FLSA Class Members from Defendants, the Settlement
Administrator shall cause the Notices of Settlement (Exhibits
1 and 2) to be mailed via first-class United States mail and
e-mailed to all members of the FLSA class. Plaintiffs'
counsel shall also send Notice via text message (Exhibit 3).
IS FINALLY ORDERED that this case will be set for a
Final Fairness Hearing once the parties have completed the
preliminary steps outlined in their agreement. At the Final
Fairness Hearing, the Court will consider final certification
of the FLSA settlement class; the fairness, reasonableness,
and adequacy of the proposed settlement; entry of a final
order of approval and judgment; and other related matters.
The parties should therefore file a joint request for a Final
Fairness Hearing once they have completed all necessary