United States District Court, N.D. California
March 22, 2004.
LYNDA A. SCHERRER and DAVID M. FEINSTEIN, Plaintiffs,
GROUP VOYAGERS, INC., a corporation; GROUP VOYAGERS, INC. EMPLOYEES' PENSION PLAN; GROUP VOYAGERS, INC., 401(K) PLAN, Defendants
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH
This matter came on for hearing on March 22, 2004, upon the application
of Lynda Scherrer and David Feinstein and the classes they represent
(hereinafter collectively "Plaintiffs") and Group Voyagers, Inc, Group
Voyagers, Inc., Employees' Pension Plan and Group Voyagers, Inc. 401(k)
Plain (collectively, "the Defendants") for final approval of the
Stipulation Re Settlement Agreement and Release ("the Stipulation")
entered into on January 9, 2004, of which the Court issued an Order
granting preliminary approval on January 13, 2004 following a hearing. In
that Order, after determining that the proposed Notice of Class Action
met all constitutional and statutory requirements, including due process,
the Court ordered that said Notice be mailed to all class members. Due
and adequate notice having been given to the members of the settlement
Classes, and the Court having considered the Stipulation, all papers and
proceedings held herein, and all oral and written comments received
regarding the proposed Settlement (no written objections were submitted
as allowed for in the class notice of the settlement and none were
received by counsel), and having reviewed the entire record in the
Action, and good cause appearing therefor;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. This Order incorporates by reference the definitions in the
Stipulation, and all capitalized terms used herein shall have the same
meanings as set forth in the Stipulation.
2. This Court has jurisdiction over the subject matter of this action
and over all parties to the action, including all members of the Classes.
3. The proposed Settlement of this action on the terms and conditions
set forth in the Stipulation is in all respects fair, reasonable and
adequate as to the Classes, and is in the best interests of the Classes
and should be finally approved, especially in light of the benefits to
the Classes and the future difficulty, expense and probable duration of
further litigation against Defendants, the risk of establishing alleged
liability against Defendants, and the risks attendant to collecting any
judgment that might be obtained against Defendants on behalf of the
4. The Court finds that the distribution of the Notice To Class Members
of Pendency of Settlement Of Class Action And Approval/Objection Process
as provided for in the Stipulation constituted the best notice
practicable under the circumstances to all members within the definitions
of the Classes, and fully met the requirements of Rule 23 of the Federal
Rules of Civil Procedure, the Fair Labor Standards Act, due process of
law, the United States Constitution, the California Constitution, and any
other applicable law.
5. The Stipulation and the proposed Settlement are hereby finally
approved and shall be consummated in accordance with the terms and
provisions of the Stipulation.
6. The plan of allocation of the overtime compensation claims for
members of the FLSA and California Classes as set forth in the
Stipulation is in all respects fair, reasonable and adequate, and is
7. The plan of allocation of the ERISA Class members' claims as set
forth in the Stipulation is in all respects fair, reasonable and
adequate, and is hereby approved.
8. This action is hereby dismissed in its entirety as to all
Defendants, with prejudice, with all parties to bear their own costs,
except as otherwise provided in the Stipulation.
9. In addition, the lawsuit entitled Scherrer v. Cosmos Guide Holding,
B. K, et al, U.S.D.C., Northern District of California Case No.
C01-1551-SI is hereby dismissed with prejudice.
10. Upon entry of this Order and Final Judgment, and by operation of
this Order and Final Judgment, the claims of each Class member against
any of Defendants, and against any and all of the released parties as
defined in the Stipulation, are fully, finally, and forever released,
relinquished and discharged pursuant to the terms of the Stipulation.
11. By operation of this Order and Final Judgment, all members of the
Classes are hereby forever barred and enjoined from prosecuting the
released claims against any of the released parties as defined in the
Stipulation, including, but not limited to, the claims set forth in this
action and in the case of Scherrer v. Cosmos Guide Holding, B. V., et
al, U.S.D.C., Northern District of California Case No. C01-1551-SI.
12. Each member of the Classes is bound by this judgment, including,
without limitation, the release of claims as set forth in the
13. This Order and Final Judgment and the Stipulation, and all papers
related thereto, are not, and shall not be construed to be, an admission
by any of the Defendants of any liability, claim or wrongdoing
whatsoever, and shall not be offered as evidence of any such liability,
claim or wrongdoing in this or any other proceeding.
14. The administration of the Settlement, and the decision of all
disputed questions of law and fact with respect to the validity of any
claim or right of any person to participate in the distribution of the
overtime compensation claims or the ERISA claims, shall be determined
according to the dispute resolution procedures set forth in the
Stipulation, all subject to the continuing authority of this Court.
15. In the event that the Settlement does not become effective in
accordance with the terms of the Stipulation, then this Final Judgment
and Order shall be rendered null and void to the extent provided by and
in accordance with the Stipulation and shall be vacated, and in such
event, all orders entered and releases delivered in connection herewith
shall be null and void to the extent provided by and in accordance with
16. The Court hereby finds that, pursuant to Fed.R.Civ.P. 54(b),
there is no just reason for delay of entry of this final judgment and
hereby directs its entry.
17. Without affecting the finality of this judgment in any way, this
Court hereby retains continuing jurisdiction over (a) implementation of
this Settlement, (b) disposition of the settlement funds, (c) hearing and
determining applications for attorneys' fees and costs in the Action, (d)
hearing and determination of any application for compensation by the
named plaintiff Class Representatives in the Action, and (e) all parties
hereto for the purpose of construing, enforcing and administering the
IT IS SO ORDERED.
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