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.
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 ...