United States District Court, N.D. California
September 17, 2004.
ALAN GUTTMAN, CHARLES TILLEY, and JAMES READ, Plaintiffs,
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
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
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
IT IS SO ORDERED:
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