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Kight v. Eskanos & Adler

January 25, 2008

AMANDA KIGHT, PLAINTIFF,
v.
ESKANOS & ADLER, DEFENDANT.



The opinion of the court was delivered by: Hon. Anthony J. Battaglia Magistrate Judge United States District Court

ORDER GRANTING FINAL APPROVAL OF CLASS SETTLEMENT

Hearing Date: January 18, 2008

Time: 10:00 a.m.

This cause came before the Court on the Joint Application for Certification of Settlement Class and Preliminary Approval of Class Settlement, which this Court granted. Notice was given in accordance with that Preliminary Approval Order. The parties now come before the Court in a joint application for final approval of the class settlement. A hearing was conducted on January 18, 2008, at which the Plaintiff and the class were represented by Douglas J. Campion of the Law Offices of Douglas J. Campion and Josh B. Swigart of Hyde & Swigart. Andrew M. Steinheimer of Ellis, Coleman, Poirier, LaVoie & Steinheimer appeared on behalf of defendant Eskanos & Adler. The Court has reviewed any objection to the class settlement it received, if any were received, and gave opportunity for oral objection during the hearing. Having reviewed and considered the briefing submitted by the Court, the settlement agreement, and any and all objections thereto, the Court finds:

A. Plaintiff and Defendant entered into a Class Action Settlement Agreement ("Settlement Agreement"), that was preliminarily approved by the Court on September 10, 2007.

B. The Settlement Agreement has been submitted to the Court for approval pursuant to Rule 23(e) of the Federal Rules of Civil Procedure.

C. Notice to the class in a form approved by the Court when the Court granted preliminary approval, was provided in accordance with the Court's Preliminary Approval Order.

D. The Court has been advised about all objections to the Settlement Agreement or motions to intervene that have been received.

E. The Court having determined that, as to the Settlement Class, the Litigation meets all the prerequisites of Rule 23(a) of the Federal Rules of Civil Procedure, and that Plaintiff and Plaintiff's Counsel are adequate representatives of the Settlement Class, and Notice to the Settlement Class provisionally certified in this action pursuant to this Court's Order on Preliminary Approval was adequate and sufficient and complied with all the requirements of due process.

F. The Court having determined that it has jurisdiction over the subject matter of this action and over all Parties to this action, including all members of the Settlement Class; and no objection having been filed by Settlement Class Members, or if filed, were withdrawn or overruled.

G. Pursuant to the Settlement Agreement, Eskanos & Adler agreed to pay $29,500.00 as purported statutory damages to the Settlement Class Members. The names and addresses of all such Settlement Class Members shall be provided by Defense Counsel to Class Counsel forthwith. Such funds will be sent to the Settlement Class Members within 45 days from the Effective Date, as defined in the Settlement Agreement filed in this action.

H. Pursuant to the Settlement Agreement, Eskanos & Adler will pay $1,500 to Plaintiff Amanda Kight as an incentive payment. Ms. Kight shall also be entitled to receive her pro-rata share of the damages paid by Defendant. Such payment shall be made to her through her counsel, made payable to her directly, and paid within five (5) days of the Effective Date, as defined in the Settlement Agreement filed in this action.

I. Pursuant to the Settlement Agreement, Eskanos & Adler agreed to pay reasonable and necessary attorneys' fees and costs in the amount of $20,000 jointly to the firms of the Law Offices of Douglas J. Campion, and Hyde & Swigart, within five (5) days of the Effective Date, as defined in the Settlement Agreement filed in this action. In light of Plaintiff's Counsel's pending Request for Supplemental Attorneys' Fees, any judgment ordering such payment is deferred until resolution of the issue of Supplemental Attorneys' Fees.

J. Approval of the Settlement Stipulation will result in substantial savings in time and money to the Court and to the Parties and ...


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