United States District Court, W.D. Washington
SHARON ROZEBOOM, ANTHONY LAVALLEY, BROOKE ALCANTAR, MARY BILSKI, MATTHEW BRESLIN, MICHAEL BRODSKY, KATHY BUCKLEY, GLENN COHEN, TERESA DOAN, JOAN DURANTE, CHRISTIAN GAVILANES, MICHAEL LAGOY, LAURA LAKOWSKI, THOMAS LOBELLO, KAYODE LOTT, THOMAS MAIER, JULIUS MALEK, TINA NESBITT, NELSON ORTEGA, MARK ROHAN, RODNEY ROSS, TRENT RUSSELL, SABINA SCHOEN, STEPHEN SHRADER, KATHLEEN SUCHAN, ROBERTA SUCHAN, ROBERT TOWNSEL, DOMINICK VITALE, AND RUTH WARREN INDIVIDUALLY AND/OR ON BEHALF OF ALL OTHER similarly situated individuals, Plaintiffs,
DIETZ & WATSON, INC. Defendant.
[PROPOSED] FINAL ORDER AND
JUDGMENT APPROVING FLSA AND RULE 23 SETTLEMENT
Honorable Richard A. Jones, United States District Judge
above-titled matter came before this Court upon the
Parties' Joint Motion for Final Approval of FLSA and Rule
23 Settlement. Dkt. # 90. The proposed settlement in this
case was preliminarily approved by this Court on January 31,
2019. Dkt. # 89. Pursuant to the Court's Preliminary
Approval of Settlement Order, the Court conducted a final
fairness hearing on May 17, 2019. Having considered the
arguments of counsel, all applicable law, and any objections
properly made to the proposed settlement, and based upon the
memoranda, exhibits, and all the files and proceedings
herein, the Court makes the following:
Court finds that it has personal jurisdiction over all
members of the Settlement Class and that it has subject
matter jurisdiction over all claims being settled and to
approve the Settlement Agreement and all exhibits hereto.
This Final Order and Judgment adopts and incorporates the
Settlement Agreement, the terms defined therein, and all
parties' Joint Motion for Final Approval of FLSA and Rule
23 Settlement is GRANTED.
parties' Settlement Agreement is approved as fair,
reasonable, and adequate as to the members of the FLSA
Collective and Rule 23 California State Law Settlement Class,
consistent and in compliance will all requirements of the
law, and in the best interest of each of the parties and the
members of the Settlement Class. The relief with respect to
the Settlement Class is appropriate, as to the individual
members of the Settlement Class and as a whole.
Notices of Settlement approved by the Court were disseminated
by U.S. Mail and e-mail to the last known address and e-mail
address of each of the Plaintiffs and Rule 23 settlement
class members. The Notices adequately described all of the
relevant and necessary aspects of the proposed Settlement,
the request for service payments to the Named Plaintiffs, and
Class Counsel's motion for an award of attorneys'
fees and costs.
Court finds that the Notices given to the Settlement Class
Members fully complied with Rule 23, were the best notices
practicable, were reasonably calculated under the
circumstances to apprise members of the Settlement Class of
the pendency of the litigation and their rights with respect
to the settlement, and satisfied all applicable requirements
of constitutional due process and any other applicable
requirements under the law.
Court directs the parties and their counsel to implement and
consummate the Settlement Agreement in accordance with its
terms and provisions.
Settlement Agreement is binding on all Participating
Settlement Class Members, as defined in the parties'
Court finds that Plaintiffs and Class Counsel adequately
represented the Settlement Class for the purpose of entering
into and implementing the Settlement.
Court adjudges that Plaintiffs and the Settlement Class have
fully, finally, and conclusively compromised, settled,
discharged, dismissed, and released any and all Released
Claims against Defendant and the Released Parties, as further
provided in Paragraph 54 through 58 of the Settlement
Parties are hereby authorized, without further approval from
the Court, to agree to and adopt such amendments,
modifications, and expansions of the Settlement Agreement and
all exhibits thereto as (i) are consistent in all material
respects with this Final Order and Judgment, and (ii) do not
limit the rights of the Settlement Class members.
This case, including all individual, collective, and class
claims presented thereby, is hereby DISMISSED WITH
PREJUDICE, with each party to bear his, her, or its
own fees and costs, except as set forth in the Court's
order awarding attorneys' fees, costs, and named
plaintiff service payments, and with this Court retaining