Case: L:L2-cv-O2636 Document #: 40-1- Filed: LZlOGltS Page 1 of 6 PagelD #:24L

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERI{ DIVISIOI\I

fftL

IGNACIO BLANCAS, PEDRO MORALES,

SALVADOR QUINTANA, ARTURO

AVILA, and ARTURO ORTIZ, on behalf of

themselves and other similarly situated

persons,

Plaintiffs,

CAIRO & SONS ROOFING CO, INC., and

MARIO CAIRO

Case No. 12 C2636

Judge Durkin

Del'endants.

ORDER OF FINAL APPROVAL OF SETTLEMENT BETWEEN PLAINTIFFS AI\D

DEFENDANTS CAIRO & SONS ROOtrING CO,INC., AI\{D MABIO CAIRO

The Parties having appeared befor:e the Court on December 12,2013, for a Hearing on

Final Approval in the above-captioned matter; the Court having reviewed the Plaintiffs'

Unopposed Motion for Final Approval of the Stipulation of Settlement Between Plaintiffs and

Defendants Cairo & Sons Roofing Co, [nc., and Mario Cairo. and other related materials

submitted by the Parties, having heard the Parties' presentation at the Hearing on Final

Approval; and otherwise being fully informed in the premiseso it is hereby

ORDERED AND ADJUDGED as follows:

l. This Court has jurisdiction over the subject maffer of this action and over all

Parties to this action pursuant to 28 U.S.C. $ 1332(dX2), including all members of the Settlement

Class, preliminarily certified for settlement purposes only, by Order dated August 20, 2013,

("Preliminary Approval Order(" Docket Entry 30), and defined as follows:

All individuals who were employed by Defendants between April 10, 2009 and

April 10, 2012 in any hourly position but who were allegedly not paid overtime

wages for all time worked in excess of forty (40) hours in individual work weeks

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and/or who were allegedly not compensated for all time worked in individual

work weeks.

2. The Court finds that the Settlement Class satisfies the requirements of Fed. R.

Civ. P. Rule 23(a) and is maintainable under Rule 23(b)(3) for purposes of settlement of this

action only. The Court finally certifies ttre Settlement Class tbr purposes of settlement of this

action only.

3. The Notice of Class Action Settlement ("Class Notice") sent to the members of

the Settlement Class ("Class Members") via First Class Mail adequately informed the Class

Members of the terrns of the Settlement, their estimated recovery if the Settlement was approved,

the process available to them to obtain monetary relief, their right to request exclusion from the

Settlement Class and pursue their own remedies, and their opportunity to file written objections

and to appear and be heard at the final approval hearing regarding the approval of the Settlement.

The Class Notice also adequately informed the Class Members of the telephone number for Class

Counsel, Christopher J. Williams and Alvar Ayala of Workers Law Office, P.C. to inquire about

additional infcrmation regarding the case and settlement. The Court finds that the Class Notice

provided satisfied the requirements of Fed. R. Civ. P. 23(e)(l)(B).

4. The Court hereby approves the proposed Stipulation of Settlement between

Plaintiffs and Defendants filed August 14, 2013 (Docket Ent"ry 26-1) and finds that the

Settlement is fair, reasonable, and adequate to all Class Members. The Court finds that the

strength of the Plaintiffs' case on the merits, weighed against Defendant's defenses, and the

complexity, length, and expense of further litigation, support approval of the Sefflement; the

Settlement Amount of Three Hundred Thousand and 00/100 Dollars ($300,000.00) to resolve the

individual claims of the Named Plaintiffs and to resolve the wage claims of the Named Plaintiffs

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and the Class, One Hundred and Sixty Three Thousand Nine Hundred and 00/100 Dollars

($163,900.00) being designated to resolve claims of class members who filed valid claims, is a

fair, reasonable and adequate settlement of the Class claims; the Sefflement was reached pursuant

to arms-length negotiations between the Parties which were concluded as a result of a Courtsupervised settlement conference; the support for the Settlement expressed by Class Counsel and

counsel for Defendant, who both hale significant experience repre;senting parties in complex

class actions, including those involving wage claims, including claims for unpaid wages

including owed overtime, and minimum wages, , weighs in favor of approval of the Settlement;

the absence of any putative Class Members opting out of the settlement or filing objections to the

Settlement supports approval of the Settlement; and the litigation has progressed to a stage where

the Court and the Parties could evaluate the merits of the case, potential damages, and the

probable course of future litigation, and that the stage of the proceedings thus warrants approval

of the Settlement.

5. As identified by the Plaintiffs' Unopposed Motion for Final Approval and

supporting Memorandum of Law and the Declaration of Alma Perez, attached thereto, the Court

finds that there were zero individuals vrho timely requested exclusic,n from the Settlement Class.

6. Payments to Named Plaintiffs for their underlying claims as set forth in the

Stipulation of Settlemento are approved and shall be awarded to Ignacio Blancas, Pedro Morales,

Salvador Quintana, Arturo Avila and Arturo Oniz pursuant to the terms of the Stipulation of

Settlement.

7. Class Counsel is awarded $90,000.00, or thirty percent (30%) of the Total

Settlement Amount, for attorneys' fees and costs.

8. ln accordance with the Stipulation of Settlement, within fifteen (15) business days

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of the Final Approval of the Settlement Agreement and submission of the executed General

Release to Defendants' counsel by each Named Plaintiff, the Settlement Aclministrator,

Defendants, shall mail to Workers'Law Office P.C. all payments due to the Named Plaintiffs.

9. In accordance with the Settlement Agreement, within fifteen (15) business days of

the Final Approval of the Settlement Agreement, Defendants, will:

(i) mail a check via U.S. certified mail to each Class Member who timely

returned a Claim Form within the terms set tbrth in this Agreement in an

amount representing the net Settlement per Class Member as described in

the Parties' Stipulation of Settlement;

(ii) mail via U.S. certified mail, or deliver via messenger, to the Workers' Law

Office P.C., 401 S. LaSalle St., Suite 1400, Chicago, Illinois 60605, a check

in the arnount $90,000.00 to compensate the Workers' Law Office P.C. for

attorneys' fees, litigation expenses, and costs incurred in this case; and

(iii) mail via U.S. certi"fied rnail, or deliver via messenger, to Workers Law

Officer P.C.,401 S. LaSalle St., Suite 1400, Chicago, Illinois 60605, all

payment to Named Plairrtiffs, as described in the Parties' Stipulation of

Settlement;

10. Within Twenty business days of the final approval of the Parties Settlement

Agreement, Defendants will

(i) Provide Plaintiffs' Counsel with (a) copies of all checks mailed to the

Payees, (b) the date(s) of such mailing, and (c) a ledger listing the certified

mail tracking numbers associated with this mailing.

I 1. Within 90 days from the date of issuance of Settlement Payment checks to Class

Members, any settlement cheak retumed to Defendants and not otherwise claimed by a Payee

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will be voided, and amounts payable pursuant to such check shall beoome part of the Remainder

Amount.

12. Any remainder fund after payment of all valid olaims shall be distributed In

accordance with the Stipulation of Settlement, with one half of the remainder being donated to

the Working Hands Legal Clinic, and the balance reverting to CSR.

13. Within ten business days after expiration of the 90 day deadline for Class

Members to cash their Settlement Payment checks, Defendants' counsel will provide Plaintiffs'

counsel a list identi$ing by Payee and check number any check returned to CSR as

undeliverable or unclaimed, or for which a stop payment order was issued, and copies of all

checks cashed by Class Members.

14. This Court hereby dismisses all claims released in the Stipulation of Settlement on

the merits and with prejudice and without costs to any of the Parties as against any other settling

Party, except as provided in the Stipulatiou of Settlement.

15. The Court grants final approval of the Settlement and all of its terms as set forth

within the Stipulation of Settlement filed August tr4, 2013 (Doc.26-l), attached hereto as

Exhibit A and incorporated into this Order of Final Approval in its entirety. This matter is

dismissed without prejudice. The Court will retain jurisdiction over this matter for a period of

120 days for fhe sole purpose of interpreting, implementing and enforcing this Order and the

Stiptrlation of Settlernent consistent with its terms. After 120 days from the date of this Order,

the dismissal of this action will be deemed a dismissal with prejudice without further order of

this Court.

16. The Clerk is directed to enter judgment consistent rvith this order arad close this

file.

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ORDERED tfris @ day of December, 2013 inChicago, Illinois

,'^ ], D' '1

TupffiMASM.DURKTN -

TINITED STATES JUDGE FOR THE NORTHERN

DIS]IRICT OF ILLINOIS

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