The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
[Assigned for all purposes to the Hon. Maxine Chesney]
[PROPOSED] FINAL ORDER AND JUDGMENT
Subsequently, the Parties submitted a detailed written Stipulation of Settlement 4 and Release as well as an Addendum to Stipulation of Settlement and Release.
2. On April 1, 2011, the Court preliminarily approved the proposed Settlement. The Court 6 directed the Parties to provide notice of the proposed Settlement to the potential Class Members 7 and scheduled a further hearing to determine whether the proposed Settlement and request for 8
B. On August 26, 2011, the Court held the Final Settlement Hearing to determine:
(i) whether the Action should be finally certified as a class action solely and exclusively for 11 settlement purposes; (ii) whether the proposed Settlement should be given final approval as 12 fair, reasonable and adequate as required by Federal Rule of Civil Procedure 23(e)(2) and in the 13 best interests of each of the Parties and the Class Members; (iii) whether a final judgment 14 should be entered as required by the Settlement and Exhibit E thereto; (iv) whether the Class 15 Class Representative Enhancement Awards should be made to Plaintiffs as set forth in Part 17
I. of the Settlement; (vi) the amount of Class Counsel's award of Attorneys' Fees not to 18 exceed 25% of $3.3 million (e.g., $825,000) and Litigation Costs of $75,000; and (vii) any 19 other matter that may be relevant to the Settlement. Joseph Clapp, Esq., specially appeared for 20 Plaintiffs Domnitz, Taddei, and Kantere and the Class. Gene Stonebarger, Esq., of Stonebarger 22 LLP appeared for WDS.
counsel for Plaintiff Jacqueline Domnitz. On November 15, 2011, the Court held a further 26 evidentiary hearing on issues raised by Plaintiff Jacqueline Domnitz. The Court ruled as 27 follows: Plaintiff Domnitz's request to remove Michael Hoffman as Class Counsel is denied. 28
Plaintiff Domnitz cannot serve as a class representative without counsel; Plaintiff Domnitz
A. On August 30, 2010, the Parties to this class action reached a tentative Attorneys' Fees and Litigation Costs are fair, reasonable, and adequate.
Members should be bound by the release of claims set forth in the Stipulation; (v) whether Plaintiffs Domnitz, Taddei, and Kantere and the Class. Alec Segarich, Esq., appeared for Law, A.P.C. appeared for Plaintiff Martin and the Class. JoAnna Brooks of Jackson Lewis,
C. On November 4, 2011, the Court granted Class Counsel's motion to withdraw as agrees to withdraw as a class representative, but will receive an Enhancement Award.
with the Court on September 23, 2011, Defendant mailed notices to the appropriate state 4 official of each State in which a class member resides and the appropriate Federal official in 5 accordance with the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. section 1715. On California Attorney General, PAGA Coordinator. On September 6, 2011 Defendant mailed 8
E. After reviewing the pleadings and evidence filed in support of the request for 10 final approval of the Settlement and the requests for awards of Attorneys' Fees and Litigation
IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
1. The Court has personal jurisdiction over all Class Members and WDS, and the Court has subject matter jurisdiction to approve the Settlement (including all Exhibits thereto).
incorporated by reference into this Final Judgment.
between the Parties, including a full-day mediation session before an impartial, respected and 19 experienced mediator; the proposed Settlement was concluded only after counsel for the Parties 20 had conducted adequate discovery and investigation; and the settlement of the Lawsuits, as 21 embodied in the terms of the Settlement, is approved as fair, reasonable, adequate and ...