IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PLAINTIFFS’ AGREED MOTION TO AMEND THE PRELIMINARY 

APPROVAL ORDER

NOW COME Plaintiffs, by their attorneys of record, and in support of their Agreed 

Motion to Amend the Preliminary Approval Order, state as follows:

1. On March 20, 2012, on behalf of themselves and all others similarly situated, Plaintiffs

filed their claim for back overtime wages and other relief against Defendant, pursuant to the Fair 

Labor Standards Act.

2. On December 16, 2013, this Court entered the parties’ Preliminary Approval Order 

approving the Class Action Settlement agreement between the parties.

3. Since that time, the parties have conferred and agreed to several amendments to the 

Preliminary Approval Order that will more efficiently facilitate the settlement process. Those 

amendments are reflected in the proposed Amended Preliminary Approval Order attached hereto

as Exhibit A.

4. Firstly, the parties have agreed that the Administrator of the Class should on a weekly 

basis provide the attorneys for each party with a copy of the claim forms that the Administrator 

JUAN ZAMORA AND FRANCISCO 

ZAMORA, on behalf of themselves, and 

all other plaintiffs similarly situated, 

known and unknown,

Plaintiffs

v.

THE BRICKMAN GROUP, LTD.,

Defendant

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No. 12 cv 2020

Honorable Judge Joan B. Gottschall

Magistrate Judge Maria Valdez

JURY DEMAND

Case: 1:12-cv-02020 Document #: 48 Filed: 02/10/14 Page 1 of 3 PageID #:145
receives, including those forms that are returned to the Administrator due to incorrect addresses.

Access to the information contained on claim forms that are returned will allow Plaintiffs’ counsel 

and Plaintiffs’ counsel’s support organization the Farmworkers and Landscapers Advocacy Project

(“FLAP”) to more competently ascertain the location of those individuals who no longer reside at 

the address previously associated with him or her.

4. Furthermore, the Preliminary Order presently provides that the final date for receipt of 

claim forms, objections, or exclusion notices is March 3, 2014. The parties have agreed that this 

date should be extended to April 1, 2014, reflecting the fact that some members of the Class are 

seasonal workers who may leave the country for the winter season, only returning in the spring to 

resume working; and this slightly later date will therefore allow for a more effective settlement 

process for the parties. Reflecting this change of date, the parties have further agreed that the date 

for their Motion for Final Approval should be April 16, 2014.

5. In light of the filing of this Agreed Motion to Amend the Preliminary Approval 

Order, Plaintiffs respectfully request that this Court enter their Amended Preliminary Approval 

Order requiring the Class Administrator to weekly update the parties as to received and returned 

claim forms, extending the final date of receipt of claim forms to April 1, 2014, setting the date 

for the Motion for Final Approval as April 16, 2014, and resetting the date for the Final Fairness 

Hearing to a date convenient for this Court that corresponds to the amended dates herein.

WHEREFORE, Plaintiffs request this Court to enter an Order granting their Agreed Motion 

to Amend the Preliminary Approval Order, striking the current Preliminary Approval Order, and 

entering the Amended Preliminary Order in the form attached hereto as Exhibit A with a new date 

for the Final Fairness Hearing; and for such other relief this Court deems appropriate under the 

circumstances.

Case: 1:12-cv-02020 Document #: 48 Filed: 02/10/14 Page 2 of 3 PageID #:146
Respectfully submitted,

Electronically Filed 2/10/2014

s/ John W. Billhorn

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John W. Billhorn

BILLHORN LAW FIRM

120 South State Street, Suite 400

Chicago, Illinois, 60603

(312) 853-1450

Case: 1:12-cv-02020 Document #: 48 Filed: 02/10/14 Page 3 of 3 PageID #:147