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Full title: Order Certifying a Class for Settlement Purposes, Appointing Plaintiff Helmut Thomay as Class Representative and Plaintiffs' Counsel as Class Counsel, Preliminarily Approving Settlement, Approving Class Notice, and Scheduling Fairness Hearing (related document(s)766, 837) Signed on 4/13/2021 (Mml) (Entered: 04/13/2021)

Document posted on Apr 12, 2021 in the bankruptcy, 4 pages and 0 tables.

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Upon the Joint Motion Pursuant to Section 105 of the Bankruptcy Code and Bankruptcy Rules 7023 and 9019 submitted by Helmut Thomay and Cornelius Turner (“Plaintiffs”), on behalf of themselves and all others similarly situated (the “Class”) together with Debtor Klausner Lumber One LLC (“Debtor”), for entry of an order: (i) certifying a class for settlement purposes only; (ii) appointing Plaintiff Helmut Thomay as class representative (“Class Representative”) and Plaintiffs’ counsel as class counsel (“Class Counsel”); (iii) preliminarily approving the settlement described in the Settlement Agreement (the “Settlement Agreement”); (iv) approving the form and manner of notice to the members of the putative Class (as described in the Motion); and (v) scheduling a final fairness hearing to consider approval of the Settlement,Notice to all Class Members by first class mail, postage prepaid, at their last known address as indicated in the parties’ records is reasonable and the best notice practicable under the circumstances and such mailing should be made by Class Counsel within three business (3) days following the entry of this Order.The form of the Notice of Settlement and the service by Class Counsel via first class mail, postage prepaid, to each Class Member’s last known address is hereby approved.The Notice of Settlement shall be mailed by first class mail by Class Counsel to Class Members within three (3) business days following the entry of this Order.Within five (5) days after the mailing of the Notice of Settlement, Class Counsel will file and serve a statement under oath constituting proof of such mailing.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Table 1 on page 1. Back to List of Tables
In re:

KLAUSNER LUMBER ONE LLC

Debtor.
HELMUT THOMAY and CORNELIUS
TURNER, on behalf of themselves and all others
similarly situated,

Plaintiffs,

v.

KLAUSNER LUMBER ONE LLC, KLAUSNER
LUMBER TWO LLC, KLAUSNER HOLDING
USA, INC., and KLAUSNER TRADING USA,
INC.,

Defendants.
ORDER CERTIFYING A CLASS FOR SETTLEMENT PURPOSES, APPOINTING PLAINTIFF HELMUT THOMAY AS CLASS REPRESENTATIVE AND PLAINTIFFS’ COUNSEL AS CLASS COUNSEL, PRELIMINARILY APPROVING SETTLEMENT, APPROVING CLASS NOTICE, AND SCHEDULING FAIRNESS HEARING Upon the Joint Motion Pursuant to Section 105 of the Bankruptcy Code and Bankruptcy Rules 7023 and 9019 submitted by Helmut Thomay and Cornelius Turner (“Plaintiffs”), on behalf of themselves and all others similarly situated (the “Class”) together with Debtor Klausner Lumber One LLC (“Debtor”), for entry of an order: (i) certifying a class for settlement purposes only; (ii) appointing Plaintiff Helmut Thomay as class representative (“Class Representative”) and Plaintiffs’ counsel as class counsel (“Class Counsel”); (iii) preliminarily approving the settlement described in the Settlement Agreement (the “Settlement Agreement”); (iv) approving

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the form and manner of notice to the members of the putative Class (as described in the Motion); and (v) scheduling a final fairness hearing to consider approval of the Settlement, The Court finds that: A. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). B. Based on the range of possible outcomes and the cost, delay, and uncertainty associated with further litigation, the Settlement Agreement is reasonable and cost-effective, and preliminary approval of the Settlement Agreement is warranted. C. The Settlement Agreement should be preliminarily approved. D. Notice to all Class Members by first class mail, postage prepaid, at their last known address as indicated in the parties’ records is reasonable and the best notice practicable under the circumstances and such mailing should be made by Class Counsel within three business (3) days following the entry of this Order. E. The contents of the Notice of Proposed Settlement and Fairness Hearing (“Class Notice”) meet the requirements of Fed. R. Civ. P. 23(c)(2)(B). The Class Notice states the nature of the actions, and the issues and defenses. The Class Notice also states that the Settlement Agreement, if approved, will be binding on all Class Members. The Class Notice also summarize the terms of the Settlement Agreement, the right of each Class Member to object to the Settlement Agreement, the right of each Class Member to appear by counsel at the Fairness Hearing, and the fact that more information is available from Class Counsel upon request. Further, the Class Notice informs the Class Members that the Settlement Agreement provides for the release of their Released Claims (as that term is defined in the Settlement Agreement) and the payment of Class Counsel’s attorney’s fees and costs. See FED. R. CIV. P. 23(h). F. Other good and sufficient cause exists for granting the relief requested in the Joint Motion.

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THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED. 2. The Settlement Agreement is hereby preliminarily approved. 3. A Class is certified, for purposes of settlement only, defined as: All persons who were employed with Klausner Lumber One LLC located at 17152 46th Trace, Live Oak, Florida 32060, from February 15, 2020 up to and including March 16, 2020, excluding persons who voluntarily quit employment, or who were involuntarily terminated from employment for cause during this time period, as listed on Exhibit A to the Settlement Agreement. 4. The Class described above meets the requirements of Federal Rule of Civil Procedure 23(a) and (b)(3) and Bankruptcy Rule 7023. 5. Plaintiff Helmut Thomas is appointed the Class Representative. 6. Raisner Roupinian LLP and Lechner Law are appointed class counsel (“Class Counsel”). 7. The form of the Notice of Settlement and the service by Class Counsel via first class mail, postage prepaid, to each Class Member’s last known address is hereby approved. 8. The Notice of Settlement shall be mailed by first class mail by Class Counsel to Class Members within three (3) business days following the entry of this Order. 9. Within five (5) days after the mailing of the Notice of Settlement, Class Counsel will file and serve a statement under oath constituting proof of such mailing. 10. Class Members who wish to opt-out of the class must complete and return the Opt-Out form so that it is received by Class Counsel no later than fourteen (14) days before the Fairness Hearing. 11. Following the opt-out deadline, Class Counsel will file and serve a statement under oath listing the names of any persons who have opted out of the Class. 12. Objections to the final approval of the Settlement Agreement are to be mailed to the Clerk of the Court and mailed to the entities listed in the Notice of Settlement, so that they are received no later than seven (7) days prior to the Fairness Hearing.

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13. The Court shall conduct a Fairness Hearing on May 20, 2021 at 10:00 a.m. EST in this Court to consider whether to grant final approval of the Settlement Agreement. 14. This Court retains jurisdiction to construe, interpret, enforce, and implement the Settlement Agreement and this Order. Dated: April 13th, 2021 KAREN B. OWENS Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE

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