The opinion of the court was delivered by: The Honorable Andrew J. Guilford United States District Judge
Date: December 7, 2009 Time: 10:00a.m.
Dept.: 10-D Complaint Filed: October 11, 2007
This matter having come before the Court for hearing pursuant to the Court's July 17, 2009 Order Granting Preliminary Approval of Proposed Class Settlement and the Court's August 17, 2009 Order Continuing Final Fairness Hearing, for the approval of the Settlement as set forth in the parties' Settlement Agreement, and due and adequate notice having been given to the Settlement Class as required by the Preliminary Approval Order, and the Court having considered the papers filed and proceedings had herein and otherwise being fully informed, and good cause appearing, it is now:
ORDERED, ADJUDGED AND DECREED THAT:
1. The Court hereby grants final approval of the settlement.
2. All terms used herein shall have the same meaning as defined in the Settlement Agreement.
3. For purposes of this Final Order and Judgment, and consistent with the Settlement Agreement, the Settlement Class shall consist of all Class Members who did not timely and validly exclude themselves from the Class. The Class consists of and shall be defined as follows: "Any and all persons who, from October 11, 2006 through January 31, 2009, (i) purchased merchandise from Polo's stores in the State of California, (ii) used a credit card to make the purchase(s), and (iii) whose telephone number and/or address (mail or e-mail) was requested and recorded by Polo."
4. This Court has jurisdiction over the subject matter of both the Shabaz Action and the Korn Action and over all parties to both Actions, including all members of the Class.
5. Notice to the Class has been completed in conformity with the Preliminary Approval Order, including the direct mailing or e-mailing of notice to all Identifiable Class Members, publication in the California Friday Edition of the USA Today, posting a summary notice in all of the Polo Factory Outlet stores in California for a period of 30 days and posting on the Claims Administrator's website for a period of sixty (60) days. The Class Notices provided due and adequate notice of the proceedings and the matters set forth therein, including the proposed Settlement set forth in the Settlement Agreement, to all persons entitled to such notice, and the Class Notices fully satisfied the requirements of due process.
6. This Court hereby approves the Settlement set forth in the Settlement Agreement, including the settlement awards, released claims, and other terms contained therein, and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the parties and directs the parties to effectuate the Settlement according to its terms. The Court finds that the Settlement Class is properly certified as a class as part of this settlement, as separate lawsuits by Settlement Class Members would create a risk of imposing incompatible standards of conduct on Defendant through inconsistent adjudications, and because Defendant has acted on grounds generally applicable to the Settlement Class, so that relief with respect to the Settlement Class as a whole is appropriate.
7. As of the Final Approval date, each and every Released Claim of each and every eligible Class Member who did not timely and validly exclude himself or herself from the Class is and shall be deemed to be conclusively released as against Defendant. All such eligible Class members as of the Final Approval date are hereby ...