Molina et al v. Ace Homecare LLC

Middle District of Florida, flmd-8:2016-cv-02214

Unopposed MOTION to Reschedule the Fairness Final Hearing Currently Scheduled for May 31, 2018 by All Plaintiffs. Modified relief and text on 5/21/2018

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PageID 833 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, et al., Plaintiff, v. CASE NO.: 8:16-cv-02214-JDW-TGW ACE HOMECARE, LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN, and JOCELYN BARLAAN, Defendant. ____________________________________/ PLAINTIFFS' UNOPPOSED MOTION TO RESCHEDULE THE FAIRNESS/FINAL HEARING CURRENTLY SCHEDULED FOR MAY 31, 2018 Plaintiffs, by and through their undersigned counsel, file this Unopposed Motion asking the Court to reschedule the District Court's Fairness/Final hearing to at least 90 days from the date of the Court's April 26, 2018 order granting approval Plaintiff's Unopposed Motion for Approval of Collective Action Settlement and Preliminary Approval of Warn Class Action Settlement. (Dkt. 94). Plaintiff's request the Court reschedule the Fairness/Final hearing to ensure compliance with this Court's April 26, 2018 order and that all notice requirements for final approval of this action have been satisfied. Defendants do not oppose this Motion, In support of their Motion, Plaintiffs' state as follows: 1. Pursuant to the Court's order on April 26, 2018, the Fairness/Final hearing for Final Approval of this Class Action Settlement is scheduled for May 31, 2018. (Dkt. 94). 2. Counsel for both sides are working together to ensure that all Class Members receive Notice of the Final Hearing and the terms of the WARN Settlement. However, as this Court noted in its April 26, 2018 order, this case involved substantial litigation and the Parties have PageID 834 cooperated and have devoted substantial efforts to ensure compliance with this Court's Notice requirements and that all Class Members receive Notice of the settlement. Plaintiffs' request the final hearing be rescheduled to ensure the Parties' have adequate time to answer any questions Class Members may have about the settlement. 3. Further, rescheduling the hearing is appropriate in order to allow Class Members time to evaluate their options regarding the settlement. It is probable that many of the Class Members, if they chose to attend the hearing or object to the terms of the settlement, would need ample time to facilitate them missing work and traveling to Tampa to attend the hearing. 4. Therefore, Plaintiffs' respectfully request this Court reschedule the Final/Fairness hearing to at least July 26, 2018 or later, depending on this Court's calendar. 5. The extension of time will not impact any other deadlines in this case as it has been administratively closed pending the approval by the Court of the final settlement documents. 6. This motion is filed in good faith and not for the purpose of delay. 7. No party will be prejudiced by the granting of the relief requested in this motion. 8. Defendants do not oppose this Motion. MEMORANDUM OF LAW When an act is required or allowed to be done at or within a specified time, the Court for good cause shown may at any time in its discretion, with or without motion or notice, order the period enlarged if such a request is made before the expiration of the period originally prescribed or as extended by previous order. See Fed. R. Civ. P. 6(b). The instant Motion is brought before the expiration of the time for the parties to file their Joint Motion for Approval to settle the FLSA and WARN claims. Plaintiffs respectfully suggests good cause has been shown for the requested enlargement. Specifically, the enlargement will 2 PageID 835 provide Counsel for both parties with adequate time to prepare all documents to settle the WARN and FLSA claims, subject to this Court's approval. WHEREFORE, Plaintiffs move for entry of an Order extending the deadline for the parties to file their Joint Motion for Approval of the Settlement along with all dismissal documents to July 26, 2018 or later, at the convenience of the Court. CERTIFICATE OF GOOD FAITH Prior to filing this Motion, Plaintiffs' counsel conferred with Defendants' counsel pursuant to Local Rule 3.01(g) to attempt to resolve the subject dispute. Defendants' Counsel does not oppose this motion. Respectfully submitted this 18th day of May, 2018. /s/Brandon J. Hill BRANDON J. HILL Florida Bar Number: 0037061 WENZEL FENTON CABASSA, P.A. 1110 N. Florida Avenue, Suite 300 Tampa, Florida 33602 Main Number: 813-224-0431 Direct Dial: 813-337-7992 Facsimile: 813-229-8712 Email: bhill@wfclaw.com Email: twells@wfclaw.com Attorneys for Plaintiff 3 PageID 836 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 16th day of March, 2018, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send a notice of electronic filing to all counsel of record. /s/Brandon J. Hill BRANDON J. HILL 4