Fitton v. Pinnacle Propane LLC — Entry #24: First STIPULATION to Amend the Settlement Agreement by Amanda Fitton
Case: Fitton v. Pinnacle Propane LLC txnd · 3:23-cv-01559
filed July 13, 2023
What this document is
Docket entry #24 · filed June 21, 2024
First STIPULATION to Amend the Settlement Agreement by Amanda Fitton. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5) (Borrelli, Raina) (Entered: 06/21/2024)
Who is involved
- Amanda Fitton
- Pinnacle Propane LLC
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- Applied Digital: its name “Applied Digital Corporation” appears in a filing in this case.
…LLC 90 3:23-cv-01805-E McConnell v. Applied Digital Corporation et al 91 3:23-cv-01832-8 Doe v. Dallas…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 24, 2026. Federal court filings are public records.
Document text
4 page(s), 8,521 characters, converted from the PDF's text layer · plain text.
Full text
Case 3:23-cv-01559-B Document 24 Filed 06/21/24 Page 1 of 4 PageID 314
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AMANDA FITTON, on behalf of herself and
all others similarly situated, Case No. 3:23-cv-01559-B
Plaintiff,
v.
PINNACLE PROPANE, LLC,
Defendant.
FIRST STIPULATION TO AMEND THE SETTLEMENT AGREEMENT
This First Stipulation to Amend the Settlement Agreement (“First Amendment” is entered
into by and between Amanda Fitton (“Plaintiff”), individually and on behalf of the Settlement
Class (as defined in Paragraph 56), and Pinnacle Propane, LLC (“Defendant” or “Pinnacle”)
(collectively the “Parties”), in the action Fitton v. Pinnacle Propane, LLC, Case No. 3:23-cv-
01559-B (the “Action”) pending in the United States District Court for the Northern District of
Texas (“Court”), by and through their undersigned attorneys, subject to the approval of the Court.1
RECITALS
WHEREAS, the Parties entered into the Settlement Agreement, which Plaintiff filed with
the Court on February 16, 2024, in connection with Plaintiff’s unopposed motion for preliminary
approval of the Settlement Agreement;
WHEREAS, on June 18, 2024, the Court held a hearing on Plaintiff’s unopposed motion
for preliminary approval of the Settlement Agreement and directed the parties to address certain
items related to the Settlement Agreement;
WHEREAS, in response to the Court’s direction at the June 18, 2024, hearing, the Parties
have agreed to enter this First Amendment to clarify and modify the Settlement Agreement and
certain of its exhibits;
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The Settlement Agreement refers to the Settlement Agreement and Release in the Action.
Unless otherwise defined herein, defined terms have the same meaning as in the Settlement
Agreement.
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Case 3:23-cv-01559-B Document 24 Filed 06/21/24 Page 2 of 4 PageID 315
NOW, THEREFORE, the Parties agree to amend the Settlement Agreement, subject to
Court approval, as follows:
1. Paragraph 15 of the Settlement Agreement is hereby amended to read as follows:
“Claims Deadline” shall mean the final date and time by which all Claim Forms must
be postmarked (if mailed) or submitted (if filed electronically to the Settlement
Website) in order to be considered timely and to be entitled to any of the settlement
consideration contemplated by this Settlement Agreement for purposes of submitted
valid Claims. The Claims Deadline shall be one hundred and thirty-five (135) days after
the Notice Commencement Date. The Claims Deadline shall be clearly set forth in the
Preliminary Approval Order, as well as in the Notice and the Claim Form.
2. Paragraph 39 of the Settlement Agreement is hereby amended to read as follows:
“Objection Deadline” means the date by which Settlement Class Members must
submit electronically (if filed on Settlement Website) or postmark-required (if mailed)
copies of any written objections, pursuant to the terms and conditions herein, to this
Settlement Agreement and to any application and motion for the Fee Award and
Expenses and Service Awards, which shall be one hundred and five (105) days after
Notice Date, or such other date as ordered by the Court. This Deadline will also be
known as the Objection Date.
3. Paragraph 40 of the Settlement Agreement is hereby amended to read as follows:
“Opt-Out Deadline” or “Exclusion Deadline” is the last day on which a Settlement
Class Member may submit electronically (if filed on Settlement Website) or postmark
required (if mailed) a request to be excluded from the Settlement Class, which will be
one hundred and five (105) days after the Notice Deadline. The deadline to file a
Request for Exclusion will be clearly set forth in the Settlement Class Notice.
4. Paragraph 74 of the Settlement Agreement is hereby amended to read as follows:
Claims Deadline. All Settlement Class Members have one hundred and thirty-five
(135) days after the Notice Date to make Claims for Settlement Benefits by submitting
a Claim Form to the Settlement Administrator. The Claim Form must be postmarked
or electronically submitted online within 135 days after the Notice Date. The Notice to
the Settlement Class will specify this deadline and other relevant dates described
herein. The Claim Form must be verified by the Settlement Class Member with a
statement that his or her claim is true and correct to the best of his or her knowledge
and belief and is being made under penalty of perjury. Notarization shall not be
required.
5. Paragraph 103 of the Settlement Agreement is hereby amended to read as follows:
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Case 3:23-cv-01559-B Document 24 Filed 06/21/24 Page 3 of 4 PageID 316
Objection Deadline. No Class Member or other person will be heard on such matters
unless they have filed with the Court their objection, together with any briefs, papers,
statements, or other materials they wish the Court to consider, by no later than one
hundred and five (105) days after the Notice Date, unless otherwise granted permission
by the Court
6. Exhibit A to the Settlement Agreement, the Claim Form, is hereby amended as
reflected in the attached Exhibit 1 (in both redline and clean copy).
7. Exhibit B to the Settlement Agreement, the Long Form Notice, is hereby amended
as reflected in the attached Exhibit 2 (in both redline and clean copy).
8. Exhibit D to the Settlement Agreement, the Proposed Final Approval Order, is
hereby amended as reflected in the attached Exhibit 3 (in both redline and clean copy).
9. Exhibit E to the Settlement Agreement, the Proposed Preliminary Approval Order,
is hereby amended as reflected in the attached Exhibit 4 (in both redline and clean copy).
10. Exhibit F to the Settlement Agreement, the Short Form Notice, is hereby amended
as reflected in the attached Exhibit 5 (in both redline and clean copy).
Dated: June 21, 2024 Dated: June 21, 2024
/s/ Raina C. Borrelli /s/ Paulina Nenclares
Raina C. Borrelli Paulina Nenclares
STRAUSS BORRELLI PLLC JONES DAY
One Magnificent Mile 2727 N. Harwood St., Suite 600
980 N Michigan Avenue, Suite 1610 Dallas, TX 75201
Chicago IL, 60611 Telephone: (214) 969-3638
Telephone: (872) 263-1100 [email protected]
[email protected]
Counsel for Defendant
Counsel for Plaintiff and the Settlement
Class
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Case 3:23-cv-01559-B Document 24 Filed 06/21/24 Page 4 of 4 PageID 317
CERTIFICATE OF SERVICE
I, Raina C. Borrelli, hereby certify that on June 21, 2024, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system, which will send notification of such filing
to counsel of record, below, via the ECF system.
DATED this 21st day of June, 2024.
TURKE & STRAUSS LLP
By: /s/ Raina C. Borrelli
Raina C. Borrelli
STRAUSS BORRELLI PLLC
980 Michigan Avenue, Suite 1610
Chicago, Illinois 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
[email protected]
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