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JERRERY BUKHOLDER, SR., et al., Plaintiffs, v. CITY OF FORT WAYNE, Defendant.

ORDER

JOSEPH VAN BOKKELEN, District Judge

On September 21, 2010, United States Magistrate Judge Roger B. Cosbey filed and served on the parties a report and recommendation on Plaintiffs' amended motion for attorney fees and costs (DE 70) and the parties' joint motion to add new plaintiffs, for final class certification, and for approval of their settlement agreement (DE 71).

In his report and recommendation (DE 77), Judge Cosbey recommended that this Court grant the motions, and advised the parties that they had fourteen days from the date of service of his recommended disposition within which to file objections, noting that the failure to file timely objections would result in waiver of the right to appeal the order. To date, no objections have been filed.

Accordingly, this Court adopts Judge Cosbey's recommendations and GRANTS the motions. Upon the filing of appropriate consent forms, the additional individuals, George Niklow, Kimerly Seiss, Chad Squires, and Cary Young, will be Opt-In Plaintiffs in the case; solely for settlement purposes, this action is certified as a collective action under 29 U.S.C. § 216(b); and the parties' settlement agreement is approved (DE 71). Plaintiffs' attorneys motion for attorney fees in the sum of $78,000, to be paid pursuant to the terms of the settlement agreement, is GRANTED (DE 70).

SO ORDERED on November 1, 2010.

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BUKHOLDER v. CITY OF FORT WAYNE
(Nov 1, 2010)