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Luebke v. Wisconsin Electric Power Co.

United States District Court, E.D. Wisconsin

February 12, 2019

PETER LUEBKE, individually, and on behalf of all other similarly situated, Plaintiff,
v.
WISCONSIN ELECTRIC POWER COMPANY d/b/a WE ENERGIES, Defendant.

          FINAL ORDER APPROVING SETTLEMENT, AWARDING ATTORNEYS' FEES AND COSTS, AND APPROVING SERVICE PAYMENT

          WILLIAM E. DUFFIN U.S. MAGISTRATE JUDGE

         On February 12, 2019, the court conducted a fairness hearing on the parties' proposed Amended Settlement Agreement. (ECF No. 68-1.) The court previously granted preliminary approval of the Settlement Agreement on November 8, 2018 (ECF No. 66) and granted preliminary approval of the Amended Settlement Agreement on December 28, 2018 (ECF No. 69). At the fairness hearing, the court found that the Amended Settlement Agreement was fair, reasonable, and adequate. The court GRANTS plaintiff's unopposed motion for final approval (ECF No. 75) and ORDERS as follows:

         1. The court APPROVES the Amended Settlement Agreement in its entirety, and finds that the Amended Settlement Agreement meets the requirements of federal law, relevant state law, and due process.

         2. The court FINDS that the settlement terms negotiated by the parties and described in the Amended Settlement Agreement are a fair and reasonable resolution of a bona fide dispute between the Defendant, Peter Luebke, the certified Rule 23 Plant Electrician Class Members, Rule 23 Hourly Employee Class Members, Collective Plant Electrician Class Members, and Collective Hourly Employee Class Members.

         3. The court CERTIFIES the Rule 23 Plant Electrician Class, Rule 23 Hourly Employee Class, Collective Plant Electrician Class, and Collective Hourly Employees Class.

         4. The court ORDERS that Hawks Quindel, SC shall serve as Class Counsel for the Rule 23 Plant Electrician Class, Rule 23 Hourly Employee Class, Collective Plant Electrician Class, and Collective Hourly Employee Class.

         5. The court ORDERS that Peter Luebke shall serve as representative for the certified Rule 23 Plant Electrician Class, Rule 23 Hourly Employee Class, Collective Plant Electrician Class, and Collective Hourly Employee Class.

         6. The court ORDERS that the Amended Settlement Agreement is binding on the Defendant, Peter Luebke, the certified Rule 23 Plant Electrician Class Members, Rule 23 Hourly Employee Class Members, Collective Plant Electrician Class Members, and Collective Hourly Employee Class Members who have not excluded themselves.

         7. The court ORDERS that the clerk shall enter judgment against the Defendant in the total amount of $4, 236, 231.10, inclusive of attorneys' fees.

         8. The court FINDS the service award of $25, 000.00 to the Named Plaintiff, Peter Luebke, to be fair and reasonable.

         9. The court FINDS that the plaintiff's request of attorneys' fees in the amount of 33.33% of the common fund, $1, 412, 077.00, is reasonable. The court further FINDS that costs in the amount of $6, 387.39 are fair and reasonable. The court GRANTS Plaintiff's Motion for an Award of Attorneys' Fees and Costs (ECF No. 70) and AWARDS Hawks Quindel, SC a total of $1, 418, 464.39 in fees and costs.

         10. As provided in the Amended Settlement Agreement, the court ORDERS Defendant to, within fourteen business days of this Order,

a. Deliver to Hawks Quindel, SC checks issued to the Class Members in the amounts provided for in the columns “Updated W2 Payment, ” “Updated 1099 Payment, ” and “Service (1099) Payment” in Exhibit A ...

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