UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SUZANNE S. HOLLER and MARY 

A. CALIRI, individually, and on 

behalf of all others similarly situated,

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Case No. 12-2103

Hon. Rebecca R. Pallmeyer

Mag. Judge Sheila M. Finnegan

Plaintiffs,

v.

ELMHURST COMMUNITY 

SCHOOL DISTRICT 205,

Defendant

JOINT MOTION FOR PRELIMINARY APPROVAL 

OF CLASS AND COLLECTIVE ACTION SETTLEMENT 

Plaintiffs, Suzanne S. Holler and Mary A. Caliri, on behalf of themselves and the Rule 23 

Class and the Section 216 Collective Class (“Plaintiffs”), and Defendant Elmhurst Community 

School District (“Defendant” or the “District”), hereby move this Court for preliminary approval 

of their Class and Collective Action Settlement. This Joint Motion for Approval of the Class and 

Collective Action Settlement is based on the Class and Collective Action Settlement Agreement

(Exhibit 1, attached hereto), the Notice of Motion, this Motion, the Proposed Order Granting 

Preliminary Approval of the Class and Collective Action Settlement, pleadings and papers filed 

in this case, and any oral arguments the Court permits.

WHEREFORE, Plaintiffs and Defendant request an Order:

A. Granting preliminary approval of the Class and Collective Action Settlement;

B. Provisionally certifying the proposed settlement class pursuant to Rule 23(e) of 

the Federal Rules of Civil Procedure and Section 216 of the FLSA in connection 

with the settlement process; 

C. Appointing Dan Austin and Terrence Buehler as class counsel;

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D. Approving the parties’ proposed Notice of Settlement, Claim Form and Release,

and Opt Out Form (Exhibits 2, 3, and 4, attached hereto);

E. Approving the proposed settlement procedure proposed in the Class and 

Collective Action Settlement Agreement; 

F. Setting a date for Plaintiff to file a motion for final settlement approval and a 

petition for an award of attorneys’ fees and costs; 

G. Scheduling the Fairness Hearing; and

H. Striking the hearing on settlement currently scheduled for June 28, 2013 at 1:30 

p.m.

The Proposed Preliminary Approval Order is attached hereto as Exhibit 5. 

Dated: June 28, 2013

Respectfully submitted,

/s/Terrence Buehler_________

Terrence Buehler

TOUHY, TOUHY & BUEHLER, LLP

55 W. Wacker Drive, Suite 1400

Chicago, IL 60601

Tel: (312) 372-2209

Dan G. Austin

The Austin Law Group

1021 W. Adams St., Ste. 102

Chicago, IL

Tel: (312) 829-2300

Counsel for the Class and 

Collective Action

/s/Shelli L. Anderson______________

Shelli L. Anderson

Michael A. Warner, Jr.

Mark S. Wilkinson

300 S. Wacker Dr., Ste. 3400

Chicago, IL 60606

Tel: (312) 986-0300

Counsel For Defendant

Elmhurst Community School District 205

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CERTIFICATE OF SERVICE

I, the undersigned attorney, hereby certify that on this 28th day of June, 2013, the 

foregoing JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS AND 

COLLECTIVE ACTION SETTLEMENT was filed electronically with the Clerk of Court using 

the ECF system, and served on all counsel of record via that system.

/s/Terrence Buehler_______________

One of the attorneys for the Plaintiffs

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