The opinion of the court was delivered by: Hon. Christina A. Snyder
NOTE: CHANGES MADE BY THE COURT
ORDER AND FINAL JUDGMENT Hearing
Date: July 18, 2011 Hearing Time: 10:00 a.m. Courtroom: 5
On the 18th day of July, 2011, a hearing pursuant to Fed. R. Civ. P. 23(e) was held before this Court for the following purposes:
a. to finally determine whether the Class satisfies the applicable prerequisites for certification for settlement purposes under Fed. R. Civ. P. 23(a) and (b);
b. to determine whether the proposed settlement, as reflected in the Stipulation and Settlement Agreement (the "Stipulation") attached to the motion for preliminary approval [Dkt. No. 138], is fair, reasonable, and adequate, and should be finally approved by the Court;
c. to determine whether the proposed Order and Final Judgment should be entered, and to determine whether the release by the Class, as set forth in the Stipulation, should be provided;
d. to consider Class Counsel's application for an award of attorneys' fees and reimbursement of expenses; and
e. to rule upon such other matters as the Court may deem appropriate.
NOW, THEREFORE, IT IS HEREBY ORDERED, this 18th day of July 2011, that:
1. The Court finds that the prerequisites under Fed. R. Civ. P. 23(a) and
(b)(3) have been satisfied in that: (a) the number of Class Members is so numerous that joinder of all members thereof is impracticable; (b) there are questions of law and fact common to the Class; (c) the claims of the Plaintiffs are typical of the claims of the Class Members that they represent; (d) the Plaintiffs have represented, and will fairly and adequately represent, the interests of Class Members; (e) questions of law and fact common to Class Members predominate over any questions affecting only individual members ...