Case 6:18-cv-01235-JPO Document 144 Filed 08/06/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF KANSAS
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`PEGGY LYNN LUNDINE
`on behalf of herself and others
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`similarly situated,
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`Plaintiff,
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`vs.
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`GATES CORPORATION,
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`Defendant.
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`____________________________________
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`Case No.: 6:18-cv-1235
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`ORDER GRANTING
`APPROVAL OF AMENDED STIPULATION OF SETTLEMENT AND
`RELEASE FOR COLLECTIVE CLASS MEMBERS
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`WHEREAS:
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`A.
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`On May 5, 2021, the Named Plaintiff Peggy Lundine filed with this Court a Joint
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`Motion and Memorandum of Law for Approval of Stipulation of Settlement Agreement and
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`Release for Collective Action (Doc. #130-131) in this conditionally certified collective class action
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`under § 216(b) of the Fair Labor Standards Act against the Defendant Gates Corporation (“Gates”)
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`(and together with Named Plaintiff, the “Parties”) in the above-captioned action (the “Civil
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`Action”). On May 28, 2021, the Parties filed a Joint Motion for Preliminary Approval of
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`Stipulation of Settlement Agreement and Release, to which was attached the Amended Stipulation
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`of Settlement Agreement and Release negotiated and agreed to by the Parties and describing the
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`settlement of this Civil Action (the “Amended Settlement Agreement”) (Doc. #140, 140-1).
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`B.
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`On May 5, 2021, the Plaintiff filed an Unopposed Motion for Approval of
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`Attorney’s Fees, Costs and Service Award along with a supporting memorandum and exhibits
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`(Docs. #132-133).
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`C.
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`On June 6, 2021, this Court entered an Order Preliminary Granting Parties’ Joint
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`Motion for Approval of Amended Stipulation of Settlement and Release for Collective Class
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`O:\ORDERS\18-1235 Lundine et al. v. Gates Order.docx
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`Case 6:18-cv-01235-JPO Document 144 Filed 08/06/21 Page 2 of 4
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`Members (Doc. #141). The Court preliminarily found that the Settlement Agreement was fair,
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`reasonable, adequate, and in the best interests of the Named Plaintiff and Collective Class
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`Members and should be approved. The Court certified Peggy Lundine as the Named Plaintiff and
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`representative of the Collective Class in negotiation of the Amended Settlement Agreement. The
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`Court approved the Notice to the Collective Class attached as Exhibit B to the Amended Settlement
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`Agreement and found that it fully and accurately informed the Collective Class Members of all
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`material elements of this Civil Action and provided procedures for contesting the fairness of, or
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`objecting to, the Amended Settlement Agreement. Finally, the Court set a Fairness Hearing for
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`August 6, 2021 whereby Collective Class Members will have an opportunity to address the fairness
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`of the Amended Settlement Agreement or an objection to the same.
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`D.
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`On July 16, 2021, Named Plaintiff filed a Status Report with this Court (Doc. #142).
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`The deadline for any Collective Class Member to submit a written objection per the Amended
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`Settlement Agreement—and set forth in Notice to the Collective Class Members—was July 9,
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`2021. Per the Notice, any such objection should have been provided to the Named Plaintiff’s
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`counsel Brendan J. Donelon of Donelon, P.C. by the July 9, 2021 deadline. In her July 16 Status
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`Report, Named Plaintiff informed the Court that as of the date of that filing, no objections to the
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`Settlement Agreement were received.
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`E.
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`Per the information set forth in the Notice to the Collective Class, on August 6,
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`2021, this Court held a Fairness Hearing at 9:00 a.m. in U.S. Courthouse, Courtroom 223, Kansas
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`City, Kansas. Present at this hearing were counsel for Named Plaintiff Brendan J. Donelon and
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`counsel for Defendant Christopher J. Eby and David L. Heinemann. At this hearing, there were
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`no objections or other communication challenging the fairness of the Settlement Agreement. At
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`this hearing, the Parties moved that this Court grant final approval of the Amended Settlement
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`Agreement for the reasons set forth in their memorandum (Doc. #131).
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`F.
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`This Court has duly considered all of the submissions presented with respect to this
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`Motion and Named Plaintiff’s Unopposed Motion for Approval of Attorney’s Fees, Costs and
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`Service Award.
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`Case 6:18-cv-01235-JPO Document 144 Filed 08/06/21 Page 3 of 4
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`G.
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`All capitalized terms in this Order that are not otherwise defined have the same
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`meaning as in the Settlement Agreement.
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`NOW THEREFORE, after due deliberation, this Court hereby ORDERS that:
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`1.
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`This Order will be binding on the Collective Class Members as defined in
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`the Amended Settlement Agreement.
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`2.
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`The Court finds that the Amended Settlement Agreement is fair, reasonable
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`and adequate, is in the best interests of the Named Plaintiff and the Collective Class Members and
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`should be approved, especially in the light of the benefits to the Named Plaintiff and the Collective
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`Class Members accruing therefrom, the thorough discovery and investigation conducted by
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`Collective Class Counsel prior to the Settlement Agreement, and the complexity, expense, risks
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`and probable protracted duration of further litigation, including the risk presented by the defenses
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`asserted by Defendant, the risk of decertification of the conditional collective class, the risk of
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`partial summary judgment, and the delays associated with the litigation process and an appeal.
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`3.
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`The Court finds that that attorney’s fees and costs requested by Named
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`Plaintiff’s counsel Donelon, P.C. are fair and reasonable as requested in the Amended Settlement
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`Agreement for the reasons set forth in Named Plaintiff’s memorandum (Doc. #133). Per the
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`Amended Settlement Agreement, the Court also approves a service award from the Settlement
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`Fund in the amount of $2,000 to the Named Plaintiff Peggy Lundine for the reasons set forth in
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`Named Plaintiff’s memorandum (Doc. #133).
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`5.
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`The Amended Settlement Agreement is hereby approved in accordance
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`with § 216 of the Fair Labor Standards Act and shall be consummated in accordance with the terms
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`and provisions thereof.
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`6.
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`This Civil Action is hereby dismissed in its entirety, on the merits, as against
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`Defendant with prejudice, and without costs to any party, except to the extent otherwise expressly
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`provided in the Amended Settlement Agreement. This Court intends this Order to be “Final”
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`within the meaning of the Federal Rules of Civil Procedure and the Federal Rules of Appellate
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`Procedure.
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`Case 6:18-cv-01235-JPO Document 144 Filed 08/06/21 Page 4 of 4
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`7.
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`All Collective Class Members who return their Claim and Release Form
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`indicating their intent to participate in the Settlement or who cash or otherwise negotiate any
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`settlement check under the terms of the Amended Settlement Agreement shall conclusively be
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`deemed for all purposes to be permanently barred from commencing, prosecuting, or otherwise
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`maintaining in any court or forum any action against the Released Parties for any and all Released
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`Claims arising during the Covered Period.
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`8.
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`Without affecting the finality of this Order, this Court retains exclusive
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`jurisdiction over the consummation, performance, administration, effectuation and enforcement of
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`this Order. In addition, without affecting the finality of this Order, this Court retains jurisdiction
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`over Defendant, Named Plaintiff and each Collective Class Member for the purpose of enabling
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`any of them to apply to the Court for such further orders and directions as may be necessary or
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`appropriate for the implementation of the terms of the Amended Settlement Agreement and this
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`Order. Defendant, the Named Plaintiff and each Collective Class Member are hereby deemed to
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`have submitted irrevocably to the exclusive jurisdiction of this Court for any suit, action,
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`proceeding or dispute relating to this Order or the Settlement.
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`9.
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`The Court finds, pursuant to Fed. R. Civ. P. 54(b), that there is no just reason
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`for delay, and directs the Clerk to enter this Approval Order.
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`Dated August 6, 2021, at Kansas City, Kansas.
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` s/ James P. O’Hara
`James P. O’Hara
`U.S. Magistrate Judge
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