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GUTTMAN v. GROUP VOYAGERS

United States District Court, N.D. California


September 17, 2004.

ALAN GUTTMAN, CHARLES TILLEY, and JAMES READ, Plaintiffs,
v.
GROUP VOYAGERS, INC., a corporation; TOURAMA, LTD., a corporation, and PAOLO MANTEGAZZA Defendants.

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

This matter came on for hearing on September 17, 2004, upon the application of plaintiffs and the FLSA Settlement Class they represent (hereinafter collectively "Plaintiffs") and Group Voyagers, Inc., Tourama, Ltd. and Paolo Mantegazza (collectively, "the Defendants") for final approval of the Stipulation Re Settlement Agreement and Release ("the Stipulation") entered into on or about June 1, 2004, of which the Court issued an Order granting preliminary approval on June 7, 2004. 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 FLSA Settlement Class, 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 FLSA Settlement Class.

  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 FLSA Settlement Class, and is in the best interests of the FLSA Settlement Class and should be finally approved, especially in light of the benefits to the FLSA Settlement Class 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 FLSA Settlement Class.

  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 FLSA Settlement Class, and fully met the requirements of 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 Settlement Class as set forth in the Stipulation is in all respects fair, reasonable and adequate, and is hereby approved.

  7. 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.

  8. Upon entry of this Order and Final Judgment, and by operation of this Order and Final Judgment, the claims of plaintiffs Alan Guttman, Charles Tilley and James Read, and of each FLSA Settlement Class member, against any of Defendants, and against the heirs or Estate of defendant Paolo Mantegazza, 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.

  9. By operation of this Order and Final Judgment, all members of the FLSA Settlement Class and plaintiffs Alan Guttman, Charles Tilley and James Read are hereby forever barred and enjoined from prosecuting the released claims against any of the released parties as defined in the Stipulation.

  10. Each member of the FLSA Settlement Class and plaintiffs Alan Guttman, Charles Tilley and James Read are bound by this judgment, including, without limitation, the release of claims as set forth in the Stipulation.

  11. 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.

  12. 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 the Stipulation.

  13. 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.

  14. 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, and (d) all parties hereto for the purpose of construing, enforcing and administering the Stipulation.

  IT IS SO ORDERED:

20040917

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