United States District Court, E.D. California
KYLE DEI ROSSI and MARK LINTHICUM, on behalf of themselves and those similarly situated, Plaintiffs,
WHIRLPOOL CORPORATION, Defendant.
1) GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION
SETTLEMENT; (2) GRANTING UNOPPOSED AMENDED MOTION FOR AWARD
OF CLASS REPRESENTATIVE SERVICE PAYMENTS, SETTLEMENT
ADMINISTRATION EXPENSES, AND ATTORNEYS' FEES, EXPENSES,
AND COSTS; AND (3) ENTERING JUDGMENT OF DISMISSAL
L. Nunley United States District Judge.
18, 2017, the Court conducted a hearing regarding final
approval of the settlement and release of claims in this
matter, Plaintiffs' motion for attorneys' fees and
costs, class representative payments, and settlement
administration expenses. (See ECF Nos. 180 &
184.) The Court having considered the Settlement Agreement
and Release (“Agreement”), as well as both
motions, and all exhibits and declarations, all papers and
proceedings, all oral and written comments regarding the
proposed Agreement, and having reviewed the record, and for
good cause appearing, GRANTS Plaintiffs' Motion for Final
Approval of Class Action Settlement (ECF No. 180) and GRANTS
Plaintiffs' Amended Motion for Award of Attorneys'
Fees, Costs, and Expenses, and Class Representative Service
Awards (ECF No. 184), as follows.
HEREBY ORDERED, ADJUDGED AND DECREED THAT:
the extent defined in the Agreement, the terms in this Order
shall have the meanings set forth therein.
Court has jurisdiction over the subject matter of this
litigation and over all parties to this litigation, including
the Class Representatives, the Class Members, and Defendant.
Court hereby GRANTS the Plaintiffs' Motion for Final
Approval of the Class Action Settlement, approves the terms
of the settlement as outlined in the Agreement as, in all
respects, fair, adequate, reasonable, in the best interest of
the Class and each Class Member, based on the following
a. The estimated loss for each Class Member in relation to
the amount offered in settlement;
b. The risk, expense, complexity, and likely duration of
c. The risk of maintaining class action status; d. The extent
of discovery completed and the stage of the proceedings;
e. The extensive motions practice by the parties;
f. The experience and views of counsel;
g. The lack of opposition or opt outs by Class Members to the
proposed settlement; and
h. The fact that the settlement was reached after serious,
extensive, non- collusive, arm's-length negotiations ...