The opinion of the court was delivered by: Hon. John A. Kronstadt
FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND DISMISSING CLAIMS WITH PREJUDICE JS-6 Date: July 16, 2012 Time: 8:30 a.m.
Place: Courtroom 750 - 7th Floor Complaint Filed: February 12, 2010
ORDER WHEREAS, the Court having considered the Joint Stipulation of Settlement and Release of Claims, ("Agreement"), a full copy of which is attached hereto as Exhibit A, and having preliminarily approved the same on March 8, 2012; and
WHEREAS, the Court having entered an Order directing that notice be given to the Settlement Class Members, and the Notice Packet having been individually mailed to Settlement Class Members, and the Court having conducted a Fairness Hearing concerning the proposed settlement; and
WHEREAS, the Court having reviewed the entire record of this Action, and good cause appearing,
1. The Agreement attached hereto as Exhibit A is incorporated by reference. To the extent defined in the Agreement, the terms of this Order shall have the meanings set forth in the Agreement.
2. The Court has jurisdiction over the subject matter of this action, Defendant, Plaintiffs, Plaintiffs' Counsel, and the Settlement Class Members.
3. Pursuant to the Agreement, Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, and the Fair Labor Standards Act ("FLSA"), the Court hereby confirms its Order of March 8, 2012, granting certification of this case as a class action for settlement purposes only. For purposes of settlement, the Settlement Class Members shall be defined as set forth in the March 8, 2012 Order and the Agreement.
4. The Court confirms that Simpluris, Inc. will serve as the Settlement Administrator for purposes of mailing the settlement checks and overseeing the administration of the implementation of the Agreement. The Court approves administration expenses in the amount of $9000 payable to Simpluris, Inc.
5. The Court has determined that the notice given to the Settlement Class Members fully and accurately informed all persons in the classes of all material elements of the proposed settlement, constituted the best notice practical under the circumstances, constituted valid, due and sufficient notice to all Settlement Class Members, and fully complied with Rule 23 of the Federal Rules of Civil Procedure, the FLSA, the United States Constitution, and any other applicable laws.
6. The Court finally approves the Agreement as fair, reasonable and adequate in all respects to the Settlement Class Members pursuant to Rule 23 of the Federal Rules of Civil Procedure and the FLSA, and orders the parties to consummate the settlement in accordance with the terms of the Agreement.
7. The plan of allocation set forth in the Agreement providing for the distribution of the Net Settlement Amount to Settlement Class Members is approved as being fair, reasonable, and adequate to the Settlement Class Members pursuant to Rule 23 of the Federal Rules of Civil Procedure and the FLSA.
8. The Court finds that the Agreement is fair, reasonable, adequate and binding on all Settlement Class Members who have not timely opted out pursuant to Paragraph 3.4 of the Agreement. All Settlement Class Members who have not timely opted out pursuant to the Agreement are permanently enjoined from pursuing and/or seeking to reopen the claims that have been released pursuant to the Agreement and dismissed with prejudice pursuant to this Final Judgment and Order Granting Motion for Final ...