United States District Court, D. Kansas
ROXIE SIBLEY, JEANNE NOEL, ERNESTO BENNETT, JAMIE WILLIAMS, GREG ST. JULIEN, TRACIE HERNANDEZ, JOHN JASINSKI, JAY RICHIE, and TEISHA KING, individually and on behalf of the class, Plaintiffs,
SPRINT NEXTEL CORPORATION, and SPRINT/UNITED MANAGEMENT COMPANY, Defendants.
ORDER FOR FINAL APPROVAL OF CLASS ACTION
KATHRYN H. VRATIL UNITED STATES DISTRICT JUDGE
matter is before the Court on Plaintiffs' Motion for
Final Approval of Class Action Settlement (Doc.
#856) filed December 6, 2018. Plaintiffs' unopposed
motion seeks (1) final approval of the parties'
settlement agreement; (2) a finding that Plaintiffs'
request for attorneys' fees is fair and reasonable; (3)
approval of Plaintiffs' request for costs to Class
Counsel; (4) approval of service awards to class
representatives; and (5) dismissal of this action.
Plaintiffs' Motion for Final Approval of Class Action
Settlement (Doc. #856) filed December 6, 2018. The Court
held a hearing on this motion on December 20, 2018. For the
reasons below, the Court sustains Plaintiffs' motion and
hereby orders as follows:
Court grants final approval of the settlement, finding the
monetary relief and the other terms of the settlement to be
fair, reasonable and adequate considering Plaintiffs'
claims under the Kansas Wage Payment Act and breach of
contract, and the risks, costs and delay 2. The Court finds
that the settlement is the result of arms-length negotiations
that were facilitated by an experienced and well qualified
federal judge, the Honorable Daniel D. Crabtree.
Court finds that the multiple forms of notice of the
settlement provided to the Settlement Class, satisfy the
notice requirements of Fed.R.Civ.P. 23, adequately advised
the Settlement Class of their rights under the settlement,
and met the requirements of due process.
Settlement Class includes:
All persons nationwide who did not opt out of the Class
Litigation and worked in Sprint's retail stores during
the Class Period of August 12, 2005 through September 30,
2009, including Retail Store District Managers, Retail Store
Managers, Assistant Retail Store Managers, Lead Retail
Consultants, Retail Consultants, Retail Sales
Representatives, and other retail employees (all of whom held
at least one of the job titles set forth in Exhibit A to the
Expert Stipulation entered at Docket No. 357-1 in the Class
Litigation) and whose compensation was based in full or in
part on commissions.
are 34, 905 members in the Settlement Class, after granting
the request for exclusion for four Settlement Class Members
who timely requested exclusion, Eman Fakhori, Bret Larson,
Robert Gonzales, and Brian Howard. These four individuals
shall have no rights or interests with respect to the
settlement, shall not be bound by the release and shall not
be bound by any offers or judgments entered with respect to
the settlement. Settlement Class Member Jerome Daniels'
untimely request for exclusion is overruled and he is bound
by this settlement.
Settlement Class Member, James Williams, timely objected to
the settlement. After reviewing the objection, the Court
overrules the objection, as it does not relate to the overall
fairness of the settlement and is outside the scope of the
claims asserted in this matter. Mr. Williams is hereby bound
by this settlement.
names of the 34, 909 Settlement Class Members, along with
their initial allocation amounts, after the redistribution of
the settlement funds for the four Settlement Class Members
who timely requested exclusion, are provided in the December
2018 Settlement Administrator Reallocations for First Check
Distributions, Exhibit 12 to Declaration Of Michelle R.
Fisher In Support Of Motion For Final Approval Of Class
Action Settlement (Doc. #857-1). Each Settlement Class
Member (excluding the four who filed a timely request for
exclusion) shall be bound by the release set forth in the
Court finds the request for attorneys' fees to Class
Counsel in the amount of $7, 014, 250.00 to be fair and
reasonable considering the results achieved, the significant
work performed by Class Counsel on a large class action
involving complex and novel subject matter, the significant
risk involved, and the demonstrated qualification and skill
of Class Counsel.
Court finds the request for costs to Class Counsel in the
amount of $6, 573, 147.16 to be reasonable.
Court approves class representative service awards of $10,
000.00 each for Roxie Sibley, Jeanne Noel, Ernesto Bennett,
Jamie Williams, Greg St. Julien, Tracie Hernandez, John
Jasinski, Jay Ritchie, and Teisha King; $3, 000.00 each to
the eleven class members who prepared to testify at trial,
Veronica Batarse (Borrego), Christopher Giuardina, Johnathan
Housknecht, Kimmie Kelley, Ryan Maier, Sameer Mohammad (Sam
Slama), Kyle Neubauer, William Ray, Jason Renner, Alden
Smith, and Michael Tallon; and $250.00 each to the additional
Settlement Subclass representatives, Henry Goins, Clayton
Johnson, and Anthony Scarpelli.
Court orders Sprint to make the deposit of the settlement
funds with the Settlement Administrator within 31 days of
this Order, consistent with the Settlement Agreement.
Court approves of the distribution of the settlement funds to
the Settlement Class Members and Class Counsel within 45 days