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Staples Wage & Hour Overtime Litigation Update
On September 13, 2010, a final approval hearing for the Settlement was held before Magistrate Judge Patti Shwartz in the United States District Court for the District of New Jersey. The Magistrate Judge was asked by the District Court Judge, Katherine S. Hayden, to make recommendations concerning the proposed Settlement and the requests for attorneys’ fees, reimbursement of expenses and incentive awards.
On September 17, 2010, the Magistrate Judge issued a Report and Recommendation to the District Court Judge that the Settlement and incentive awards be approved and also recommended that the District Court Judge ask Class Counsel for additional information regarding their request for attorneys’ fees and reimbursement of expenses. On October 26, 2010, the District Court Judge adopted the Report and Recommendation to approve the settlement but requested additional information concerning Class Counsels’ request for attorneys’ fees and expenses. The requested additional information was submitted to the Court on November 3, 2010.
How long it may take the District Court Judge to rule on Class Counsels’ request for attorneys’ fees and expenses cannot be predicted.. Nonetheless, assuming there are no remaining issues (or appeals on any issues), payments to Class Members would be anticipated to be made a little over a month following the District Court’s issuance of a judgment approving the settlement and ruling on the attorney fee and expense request and such judgment becoming final.
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