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Mary Carney, On Behalf of Herself and All Others Similarly Situated v. Hillstone Restaurant Group

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 5, 2011

MARY CARNEY, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
HILLSTONE RESTAURANT GROUP, INC., AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable George H. Wu Judge, U.S. District Court for the Central District Of California

Removal Date: April 21, 2010 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE Date: March 17, 2011 Time: 8:30 a.m. Courtroom: 10

The Court has received and considered the proposed Joint Stipulation of Settlement and Release between Plaintiff and Defendant (hereinafter the "Settlement Agreement"); has previously granted preliminary approval of the class settlement that provided for conditional class certification; has been informed by declarations that notice to the Class of the settlement has been given to the Class; has held a fairness hearing at which all parties appeared by their Counsel and at which the Class Members were afforded the opportunity to object to the proposed settlement; has received and reviewed briefing and evidence as to why the proposed settlement is fair, adequate and in the best interests of the represented class; has considered all other arguments and submissions in connection with the proposed settlement.

NOW THEREFORE, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. The Settlement Agreement and the terms therein are fair, just, reasonable and adequate as to the settling parties, including the Class, and is hereby finally approved in all respects. The parties are hereby directed to perform the terms of the said Settlement Agreement and to report to the Court when that performance has been completed.

2. The Class is certified for settlement purposes only. The Class represented herein by Plaintiff is defined as all current and former non-exempt employees employed by Defendant in California from March 18, 2006 through the date upon which the Court grants the Preliminary Approval Order ("Class Period"), excluding any current or former employee(s) of Defendant who file and/or have filed any judicial action(s) against Defendant in state and/or federal court, during the Class Period, for the claims released pursuant to the Settlement Agreement ("Class Members").

3. The Class Administrator, Simpluris, Inc., shall be paid in accordance with the terms of the Settlement Agreement.

4. All Class Members, except those who timely opted out of the settlement, are bound by the instant Final Judgment and Order of Dismissal With Prejudice, and by the previously-approved Settlement Agreement. As of the Effective Date, each Class Member is hereby deemed to have released Defendants and any related parties, as defined in the Settlement Agreement, from the Released State Claims described in the Settlement Agreement. Each Class Member is barred and permanently enjoined from commencing or prosecuting any of the Released State Claims, either directly, representatively or in any other capacity that are released by the Settlement Agreement, Claim Form/FLSA Consent Form ("Claim Form"), any related agreement or release or the instant Final Judgment and Order of Dismissal With Prejudice. In addition, as of the Effective Date, each Class Member is hereby deemed to have released Defendants and any related parties, as defined in the Settlement Agreement, from the Released Federal Claims described in the Settlement Agreement. Each Class Member is barred and permanently enjoined from commencing or prosecuting any of the Released Federal Claims, either directly, representatively or in any other capacity that are released by the Settlement Agreement, Claim Form, any related agreement or release or the instant Final Judgment and Order of Dismissal With Prejudice.

5. This action is hereby dismissed on the merits with prejudice. The Court shall retain jurisdiction of this action. Jurisdiction shall be so retained for the purpose of resolving any disputes that may arise as to the implementation of the monetary relief terms of the Settlement Agreement. At such time as a report is received that the monetary relief terms of the Settlement Agreement have been effectuated, the Court's jurisdiction shall be deemed terminated as a final matter for all purposes.

6. Neither the making nor entering into the Settlement Agreement constitutes an admission by Defendant or any related person or entity, nor is this Judgment a finding of the validity of any claims in this action or of any other wrongdoing. Further, this Judgment, the Settlement Agreement, the Claim Form, and any document referred to herein are not a concession and shall not be used as an admission of any wrongdoing, fault or omission of any entity or persons; nor may any action taken to carry out the terms of the Settlement Agreement be construed as an admission or concession by or against Defendant or any related person or entity. Evidence of the making or entering into the Settlement Agreement shall not be offered or received in evidence in any action or proceeding against any party hereto in any Court, administrative agency or other tribunal for any purpose, other than to enforce the instant Judgment and its provisions, the Settlement Agreement, or any related agreement or release or to support a defense of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction or any other theory of claim or issue preclusion or similar defense or claim.

7. No attorneys' fees or costs shall be awarded other than as ordered by the Revised Order Granting Motion For Award of Attorneys' Fees, Costs, and Class Representative Enhancements. In addition, no class representative enhancement payment shall be awarded other than as ordered by the Revised Order Granting Motion For Award of Attorneys' Fees, Costs, and Class Representative Enhancements.

THIS COURT HEREBY ORDERS THAT THIS CASE IS DISMISSED WITH PREJUDICE PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT.

IT IS SO ORDERED.

20110405

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