TURNER
v.
ROSEN HOTELS AND RESORTS, INC.
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The Court preliminarily approved the settlement agreement, provisionally certified the settlement class, and adopted the Magistrate Judge's recommendation regarding the motion for settlement approval.
Plaintiff and Defendant filed a Joint Motion for Order Preliminarily Approving Settlement Agreement. The Magistrate Judge issued a Report and Recommen…
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THIS CAUSE is before the Court on the Joint Motion for Order Preliminarily Approving Settlement Agreement (Doc. 42). The United States Magistrate Judge issued a Report and Recommendation (Doc. 46), recommending that the Motion be granted in part and deferred in part. After review in accordance with 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72, and noting that the parties filed a Joint Notice of Non-Objection (Doc. 47), the Magistrate Judge’s recommended disposition is accepted. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 46) is ADOPTED and made a part of this Order. 2. The Joint Motion for Order Preliminarily Approving Settlement Agreement (Doc. 42) is GRANTED in part and DEFERRED in part. 3. Insofar as the Motion seeks approval of a service award to Plaintiff, ruling is DEFERRED pending a decision on the petition for rehearing en banc in Johnson v. NPAS Solutions, LLC, 975 F. 3d 1244, 1260 (11th Cir. 2020). Plaintiff shall notify the Court within fourteen days of an issuance of that ruling and the funds shall remain in escrow until further order of this Court.
4. The Settlement Agreement (Doc. 43-1) is PRELIMINARILY
APPROVED.
5. The Notice set forth in the Settlement Agreement and the exhibits thereto are APPROVED. 6. The Parties shall adhere to the deadlines set forth in the Settlement Agreement. 7. The Settlement Class is PROVISIONALLY CERTIFIED. Class members may opt-out or object to the Settlement Agreement pursuant to the procedures and deadlines set forth in the Settlement Agreement (Doc. 43-1 ¶¶ 8–9). 8. The law firms of Lankenau & Miller, LLP, The Gardner Firm, P.C. and Wenzel Fenton & Cabassa, P.A. are designated as class counsel. 9. A final settlement approval hearing is set for Wednesday, October 5, 2022, at 9:30 AM in Courtroom 5B. 10. Class Counsel shall file a motion for attorney’s fees and costs no later than fourteen days before the objection deadline for class members. 11. All deadlines other than those related to the Settlement remain
STAYED.
DONE and ORDERED in Orlando, Florida on August 2, 2022.
4 CARLOS E. MENDOZA | UNITED STATES DISTRICT JUD@E
Copies furnished to: Counsel of Record