The opinion of the court was delivered by: The Hon. A. Howard Matz
Complaint filed: June 12, 2007
SETTLEMENT ORDER AND FINAL JUDGMENT
THIS MATTER came before the Court for final approval of the proposed class settlement, as last amended on September 20, 2011 (the "Settlement"). The Court has considered all papers filed and proceedings in this matter and is fully informed regarding the facts surrounding the proposed Settlement. Based upon this information, the Court has determined to approve the proposed Settlement as fair and reasonable. The Court hereby enters this Final Judgment, which constitutes a final adjudication on the merits of all claims of the Settlement Class described below with respect to their employment on Holland America Line vessels within the Class Period.
On March 10, 2011, this Court granted preliminary approval to the proposed class action Settlement between Class Plaintiffs and Defendants Holland America Line Inc. et al. ("HAL"). The Proposed Settlement resolves all of the Class's claims against HAL in exchange for HAL's promise to compensate Class members as set forth in the Settlement Agreement. On September 20, 2011, the parties filed a Status Report on Settlement Improvements [Dkt. 321], which described certain enhancements to the Settlement negotiated by the parties. On September 26, 2011, this Court held a fairness hearing to consider whether to grant final approval to the Settlement and to consider Class Counsel's application for an award of attorneys' fees and costs. The Court heard and considered argument from the parties, no others having appeared to voice support for, or objection to, the Settlement. The Court then took the matter under submission pending the filing of a status report concerning (a) supplemental notice to seven opt-outs from the Class and (b) updated revisions to settlement amounts. The parties filed the required status report on October 18, 2011 [Dkt. 328].
Having read, reviewed and considered the papers filed in support of and in opposition to final approval of the Settlement, including the declarations submitted by counsel and the Class Representatives, and oral arguments of counsel, along with Class Counsel's Fee and Cost Application, the Amended Settlement Agreement and Release of Claims, and the pleadings, it is hereby
ORDERED, ADJUDGED AND DECREED that:
1. The definitions and provisions of the Amended Settlement Agreement and the Notice of Pendency of Class Action and Proposed Settlement are hereby incorporated as though fully set forth herein.
2. This Court has jurisdiction over the subject matter of the Amended Settlement Agreement with respect to and over all parties to the Amended Settlement Agreement, including all members of the Settlement Class.
3. The Court approves the Settlement and finds that, as amended, the Settlement is, in all respects, fair, reasonable, and adequate to the Plaintiff Settlement Class, within the authority of the parties, and the result of extensive arm's length negotiations, including over three mediation sessions lasting more than twenty hours.
4. This Court confirms that the proposed Settlement Class satisfies the requirements of Fed. Rule Civ. P. 23, as found in the Court's Preliminary Approval Order. Accordingly, this Court makes final its March 10, 2011, Order Conditionally Certifying Settlement Class.
5. Four members of the Class have timely requested to be excluded from the Class and the Settlement. (Three other members of the Class initially requested exclusion but withdrew their exclusion requests in response to a supplemental notice directed by the Court. See Dkt. 328.) Exhibit A, attached hereto, lists the Class members who timely requested ...