United States District Court, C.D. California
ORDER AND JUDGMENT: (1) CONFIRMING CERTIFICATION OF
SETTLEMENT CLASS; (2) GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT (3) APPROVING CLASS REPRESENTATIVE ENHANCMENT
PAYMENTS (4) AWARDING CLASS COUNSEL FEES AND COSTS (5)
APPROVING SETTLEMENT ADMINISTRATOR FEES (6) ENTERING FINAL
S. JAMES OTERO JUDGE
matter has come before the Court pursuant to Plaintiffs'
Unopposed Motion for Final Approval of Class Action
Settlement (“Motion for Final Approval”) and
Plaintiffs' Motion for Attorneys' Fees and Costs,
Costs of Administration, and Representative Enhancement
Payments (ECF Doc. 78) (“Motion for Attorneys'
Fee”) (collectively, the “Motions”).
Court, having considered the Motion for Final Approval, the
Motion for Attorneys' Fees, as well as the accompanying
memoranda of points and authorities, declarations of
Christopher J. Morosoff, Douglas Caiafa, Lana Lucchesi, as
well as the Amended Settlement Agreement between Plaintiffs
James Horosny and Jennifer Price (“Plaintiffs”)
and Defendant Burlington Coat Factory of California, LLC
("Burlington" or "Defendant"), and all of
the files, records, and proceedings herein, and it appearing
to the Court after considering the papers and the arguments
in connection with the Motions, that the Settlement is fair,
reasonable and adequate, and that adequate notice of the
Settlement has been provided to the Settlement Class in
compliance with due process, and that a Judgment approving
the Settlement and an Order dismissing the Action based upon
the Settlement should be entered;
THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:
Court has jurisdiction over this action and the Parties'
Proposed Settlement under 28. U.S.C. §§ 1332(d) and
1453 pursuant to the Class Action Fairness Act since the
amount in controversy exceeds $5, 000, 000 and because of the
complete diversity between Plaintiffs and Defendant.
the reasons stated in the Order Preliminarily Approving Class
Action Settlement and Certifying Settlement Class (ECF Doc.
77) (“Preliminary Approval Order”), the Court
finds that the action meets all the requirements for class
certification, and it is hereby ordered that the Settlement
Class is finally approved and certified as a class for
purposes of settlement of this action.
Parties' Amended Settlement Agreement (“ASA”)
(attached as Exhibit A to the Declaration Douglas Caiafa) is
granted final approval as it meets the criteria for final
settlement approval. The Settlement falls within the range of
possible approval as fair, adequate, and reasonable, and
appears to be the product of arm's-length and informed
negotiation and to treat all Class Members fairly.
Notice to Class Members of the Settlement as described in the
ASA and the Preliminary Approval Order, including the
Merchandise Certificate and Postcard Notice, Class Notice,
Summary In-Store Notice, Summary Publication Notice, Email
Notice and Opt Out Notice (attached as Exhibits A, B, C, E, F
and G to the ASA), were sufficient to inform Class Members of
the terms of the Settlement; their rights under the
Settlement; their rights to object to the Settlement; their
right to receive a Merchandise Certificate with a cash
option, or elect not to participate in the Settlement; the
processes for receiving a Merchandise Certificate with a cash
option, electing not to participate in the Settlement, or
objecting to the Settlement; and the date and location of the
final approval hearing. Therefore, the Court finds and
determines that the Notice to Class Members was complete and
constitutionally sound, because individual notices were
mailed and/or emailed to all Class Members whose identities
and addresses are reasonably known to the Parties, and Notice
was published in accordance with this Court's Preliminary
Approval Order, and such notice was the best notice
Class Members were provided with the opportunity to comment
on, or object to the Settlement, as well as to elect not to
participate in the Settlement. Only 51 Class Members elected
to not participate in the Settlement, and no Class Member
objected to the Settlement.
is awarded $1, 137, 000 for their services as Settlement
Administrator, pursuant to the terms set forth in the ASA.
Class Representatives James Horosny and Jennifer Price are
each awarded the sum of $5, 000 as a Class Representative
Payment pursuant to the terms set forth in the ASA.
Class Counsel is awarded $927, 500, as attorneys' fees
and costs pursuant to the terms set forth in the ASA.
means of this Final Order and Judgment, this Court hereby
enters Final Judgment in this action, as defined in Rule ...