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United States District Court for the Middle District of Florida, Orlando Division
October 5, 2022, Decided; October 5, 2022, Filed
Case No: 6:21-cv-161-CEM-DAB
Report and Recommendation
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: Unopposed Motion for Approval of Class Counsel's Attorney's Fees and Class Counsel's Expenses (Doc. 52)
FILED: September 13, 2022
THEREON it is RECOMMENDED that the motion be GRANTED.
I. RELEVANT BACKGROUND FACTS1
On January 22, 2021, Plaintiff Yolanda Turner filed a Rule 23 class action complaint against her former employer Defendant Rosen Hotels and Resorts, Inc. ("Rosen Hotels"2 ) arising out of her April 2020 lay off, allegedly conducted without sixty-days written [*2] notice in violation of the Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act"), 29 U.S.C. §§ 2101-2109; id. § 2102(a)(1). Defendant asserted that the class members were employed by separate corporations and the WARN Act's exception for layoffs "due to any form of natural disaster" applied. See 29 U.S.C. § 2102(b)(2)(B). The parties eventually settled the class action case in March 2022 and timely sought preliminarily court approval of their Settlement Agreement, the proposed notice to the settlement class, and the scheduling of a fairness hearing for the final consideration and approval. Doc. 40, 42.3
Following entry of the Preliminary Approval Order by Judge Mendoza on August 2, 2022, Class Counsel instructed the Settlement Administrator to mail the Court-approved Notice of Settlement to all 3,631 class members on August 23, 2022, at their last known addresses and take the www.rosenwarnsettlement.com website live (which included translated Notices in Spanish and Creole). Docs. 52-2 ¶¶ 3, 4 & 52-3 (WARN Noticing Report). After the Motion for Approval was filed on September 13, 2022, a single objection was filed and only 53 opt-out forms (1.5% of the class of 3,631)) returned4 ; the deadline for opt-outs and objections passed on September 27, 2022. Id. at ¶ 4; Doc. 52 at 2; [*3] Doc. 55 at 1.
The Gross Settlement Fund proposed by the parties in the Settlement Agreement is $2.3 million5 which—after fees and expenses to Class Counsel—will be distributed to approximately 3,580 class members at $396 per class member for the sixty-day WARN period. In exchange for its payments under the Settlement Agreement, Defendant will receive a release from Plaintiff of all claims under the WARN Act on behalf of the proposed Class members who do not opt out.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 182365 *
YOLANDA TURNER, individually and on behalf of all others similarly situated, Plaintiff, v. ROSEN HOTELS AND RESORTS, INC., Defendant.
Prior History: Turner v. Rosen Hotels & Resorts, 2021 U.S. Dist. LEXIS 254587 (M.D. Fla., Dec. 20, 2021)
Settlement, notice, attorney's fees, class action, class member, expenses, one-third, costs, cases, settlement fund, awarding, layoffs, Recommendation, contingent, mediation, drafting, explains, factors, parties, common fund, weighs, natural disaster, firms, skill, courts, terms, requested fee, approving, mailing