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Rossi v. Whirlpool Corp.

United States District Court, E.D. California

May 23, 2017

KYLE DEI ROSSI and MARK LINTHICUM, on behalf of themselves and those similarly situated, Plaintiffs,
v.
WHIRLPOOL CORPORATION, Defendant.

         ORDER 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

          Troy L. Nunley United States District Judge.

         On May 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.

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

         1. To the extent defined in the Agreement, the terms in this Order shall have the meanings set forth therein.

         2. The 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.

         3. The 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 factors:

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 continued litigation;
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 ...

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