IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

MARISELI GOMEZ (now known as MARISELI 

GOMEZ BELL), Individually, and on Behalf of 

All Others Similarly Situated,

Plaintiff,

v.

PNC BANK, NATIONAL ASSOCIATION, a 

national banking association,

Defendant.

)

)

)

) 1:12-cv-1274

)

) Judge Thomas Durkin

)

)

)

)

)

ORDER GRANTING MOTION FOR 

PRELIMINARY APPROVAL OF RULE 23 CLASS SETTLEMENT

AND FOR APPROVAL OF FLSA SETTLEMENT

AND NOW, this 9th day of February, 2016, upon consideration of Class Plaintiff’s

Unopposed Motion for Preliminary Approval of the Proposed Settlement, the Court hereby 

grants the Motion and ORDERS as follows:

1. The Parties’ Stipulation and Settlement Agreement (which has been filed with the 

Court) is preliminarily approved as fair, reasonable and adequate.

2. For the purposes of this Order, the following PNC Bank branches are defined as 

the “26 PNC Branches,” all of which are located in Illinois:

a. Algonquin; 

b. Bloomington (at Market Street & JC Parkway); 

c. Bolingbrook (on Weber Road); 

d. Buffalo Grove; 

e. Carpentersville; 

f. Chicago (at 18th & Clark); 

g. Chicago (at 35th & State); 

1

Case: 1:12-cv-01274 Document #: 127 Filed: 02/09/16 Page 1 of 5 PageID #:1633
h. Chicago (at 87th & Cottage Grove); 

i. Chicago (at Broadway & Berwyn); 

j. Chicago (at LaSalle & Kinzie); 

k. Chicago (at Lincoln Park, at Clark & Lincoln); 

l. Chicago (at Madison & Leavitt); 

m. Chicago (at North & Homan); 

n. Chicago (at State & Huron); 

o. Downers Grove (on 75th Street); 

p. Elgin (on Summit Street); 

q. Fox Lake; 

r. Loves Park; 

s. North Aurora; 

t. Orland Park West; 

u. Park Ridge; 

v. Rockford (on Riverside Blvd.); 

w. Schaumburg (on Roselle Road); 

x. West Aurora; 

y. Wheaton-Danada; and 

z. Oak Brook.

3. For settlement purposes only, the following collective action is certified pursuant 

to 29 U.S.C. § 216(b), pending final approval of the settlement: 

The 583 fulltime, non-exempt employees who worked at any of the 26 PNC 

Branches from February 22, 2009 through October 13, 2015, and who opt in to 

this action by filing their written Claim & Consent to Join Settlement form prior 

to June 3, 2016.

2

Case: 1:12-cv-01274 Document #: 127 Filed: 02/09/16 Page 2 of 5 PageID #:1634
4. For settlement purposes only, the following Settlement Class is provisionally 

certified pursuant to Fed. R. Civ. P. 23, pending final approval of the settlement:

The 583 people who:

(a) Were employed by PNC Bank (or any of its 

predecessors) on a full-time basis at any point 

between February 22, 2009 and October 13, 2015 

(the “Class Period”);

(b) Were classified by PNC Bank as non-exempt from 

the overtime laws; 

(c) Worked in one of the 26 PNC Branches during the 

Class Period.

A list of those 583 people has been filed with the Court. 

Specifically excluded from this Class are employees that PNC 

Bank had classified as exempt and employees working as 

mortgage loan officers. Also excluded are any judicial officer 

presiding over this action and the members of his/her immediate 

family and judicial staff, and any juror assigned to this action.

5. Burke Law Offices, LLC, Wexler Wallace LLP, and Shedden Law are appointed 

as Class Counsel for the Settlement Class, with Wexler Wallace LLP acting as lead Class 

Counsel.

6. The Court approves KCC Class Action Services, LLC as Claims Administrator.

7. The proposed Notice Regarding Pendency of Class Action, including all exhibits, 

is approved as modified in Open Court today, and shall be sent out pursuant to the terms of the 

Stipulation and Settlement Agreement and the schedule set forth below.

8. The Court will conduct a Final Approval Hearing, as scheduled below, to 

determine the overall fairness of the settlement and to fix the amount of attorneys’ fees and costs 

to Class Counsel and Enhancement Payment to the Class Representative. The Final Approval 

Hearing may be continued without further notice to Class Members.

9. This Order is not admissible as evidence for any purpose against Defendant in any 

pending or future litigation. This Order shall not be construed or used as support for conditional 

3

Case: 1:12-cv-01274 Document #: 127 Filed: 02/09/16 Page 3 of 5 PageID #:1635
certification or certification of any class or collective action. This Order shall not be construed 

or used as an admission, concession, or declaration by or against Defendant of any fault, 

wrongdoing, breach, or liability and Defendant specifically denies any such fault, breach, 

liability, or wrongdoing. This Order shall not be construed or used as an admission, concession, 

declaration, or waiver by any party of any arguments, defenses, or claims he, she, or it may have, 

including, but not limited to, any objections by Defendant to class certification, in the event that 

the Stipulation and Settlement Agreement is terminated. Moreover, the Stipulation and 

Settlement Agreement and any proceedings taken pursuant to the Stipulation and Settlement 

Agreement are for settlement purposes only. Neither the fact of, nor any provision contained in 

the Stipulation and Settlement Agreement or its exhibits, nor any actions taken thereunder shall 

be construed as, offered into evidence as, received in evidence as, and/or deemed to be evidence 

of a presumption, concession, or admission of any kind as to the truth of any fact alleged or 

validity of any defense that has been, could have been, or in the future might be asserted.

10. The Court hereby sets the following schedule in connection with the Proposed 

Settlement:

Date Event

February 12, 2016 Deadline for parties to provide addresses to 

Claims Administrator for use in mailing Notice

March 4, 2016 Deadline for Notice to be mailed; Deadline for 

Defendant to mail any letters required under 

CAFA 

June 3, 2016 Deadline for Class Members to submit (1) any 

Claim & Consent to Join Settlement forms, (2) 

any objections to the proposed settlement, or 

(3) any Opt-Out forms.

4

Case: 1:12-cv-01274 Document #: 127 Filed: 02/09/16 Page 4 of 5 PageID #:1636
June 10, 2016 Deadline for Class Counsel to Submit any 

petition for an award of fees or costs in 

connection with Proposed Settlement

June 10, 2016 Deadline for parties to submit materials in 

support of any Motion for Final Approval of 

the Proposed Settlement

June 24, 2016 Deadline for anyone to submit materials (1) in 

opposition to any Motion for Final Approval of 

the Proposed Settlement or (2) in opposition to 

any fee petition

July 1, 2016 Deadline for the submission of reply materials 

(1) in support of any Motion for Final 

Approval of the Proposed Settlement or (2) in 

support of any fee petition

July 21, 2016, at 9 a.m. Final Approval Hearing on Proposed 

Settlement

BY THE COURT,

Date: 2/9/16

___________________________

The Honorable Thomas Durkin

U.S. District Court Judge

5

Case: 1:12-cv-01274 Document #: 127 Filed: 02/09/16 Page 5 of 5 PageID #:1637