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Turocy v. EL Pollo Loco Holdings, Inc.

United States District Court, C.D. California, Southern Division

September 12, 2019

DANIEL TUROCY, et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs,
v.
EL POLLO LOCO HOLDINGS, INC., et al., Defendants.

          ROBBINS GELLER RUDMAN & DOWD LLP RYAN A. LLORENS (225196) LAURIE L. LARGENT (153493) KEVIN A. LAVELLE (292442) THE ROSEN LAW FIRM, P.A. LAURENCE M. ROSEN (219683) Co-Lead Counsel for Plaintiffs

          FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

          THE HONORABLE DAVID O. CARTER UNITED STATES DISTRICT JUDGE

         This matter came before the Court for hearing pursuant to the Order of this Court, dated May 15, 2019, on the application of the Settling Parties for approval of the Settlement set forth in the Stipulation of Settlement dated April 3, 2019 (the “Stipulation”). Due and adequate notice having been given to the Class as required in the Order, the Court having considered all papers filed and proceedings held herein and otherwise being fully informed in the premises and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

1. This Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation, unless otherwise stated herein.
2. This Court has jurisdiction over the subject matter of the Litigation and over all parties to the Litigation, including all Members of the Class.
3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves the Settlement set forth in the Stipulation and finds that:
(a) the Stipulation and the Settlement contained therein are, in all respects, fair, reasonable and adequate;
(b) there was no collusion in connection with the Stipulation;
(c) the Stipulation was the product of informed, arm's-length negotiations among competent, able counsel; and
(d) the record is sufficiently developed and complete to have enabled Lead Plaintiffs and Defendants to have adequately evaluated and considered their positions.
4. Accordingly, the Court directs the Settling Parties to consummate the Settlement pursuant to the Stipulation, as well as the terms and provisions hereof. The Litigation and all claims contained therein are dismissed with prejudice as to Lead Plaintiffs and the other Class Members. The Court hereby dismisses with prejudice the Litigation and all Released Plaintiffs' Claims (including, without limitation, Unknown Claims) of the Class as against each and all of the Released Defendant Parties. The Settling Parties are to bear their own costs except as otherwise provided in the Stipulation.
5. No Person shall have any claim against Lead Plaintiffs, Lead Counsel, or the Claims Administrator, or any other Person designated by Lead Counsel based on determinations or distributions made substantially in accordance with the Stipulation and the Settlement contained therein, the Plan of Allocation, or further order(s) of the Court.
6. Upon the Effective Date, Lead Plaintiffs and each of the Class Members shall be deemed to have, and by operation of this Judgment shall have, fully, finally and forever waived, released, discharged, and dismissed each and every one of the Released Plaintiffs' Claims (including, without limitation, Unknown Claims) against each and every one of the Released Defendant Parties with prejudice on the merits, whether or not Lead Plaintiffs or such Class Member executes and delivers the Proof of Claim and Release and whether or not Lead Plaintiffs or each of the Class Members ever seeks or obtains any distribution from the Settlement Fund. Claims to enforce the terms of the Stipulation are not released.
7. Upon the Effective Date, the Defendants and each and every Released Defendant Party shall be deemed to have, and by operation of this Judgment shall have, fully, finally and forever waived, released, discharged, and dismissed the Releasing Plaintiff Parties from all Released Defendants' Claims (including, without limitation, ...

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