Hornsby et al v. Macon County Greyhound Park, Inc.

Filing 208

ORDER AND FINAL JUDGMENT directing that the Motions for Entry of Final Approval Order and Approval of Plan of Allocation (Doc. Nos. 195 & 205 ) and the Plaintiffs' 194 Application for Award of Attorneys' Fees, Expenses, and Award of En hancement for Class Representatives are granted, as further set out; without affecting the finality of this Judgment, the Court retains jurisdiction for purposes of implementing the Agreement and reserves the power to enter additional orders to effec tuate the fair and orderly administration and consummation of the Agreement and Settlement, as may from time to time be appropriate, and resolution of any and all disputes arising thereunder. Signed by Honorable Judge Myron H. Thompson on 4/23/13. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
LUCRETIA HORNSBY, ANMARIE
YOUNG, PRESTON YOUNG,
DAWN HAMMOCK, CELINA
JORDAN, TABITHA ARLEDGE,
ERICA MILLER, OCIE BUTLER,
and DARRELL THOMAS, on
behalf of themselves and
all others similarly
situated,
Plaintiffs,
v.
MACON COUNTY GREYHOUND
PARK, INC., MILTON
McGREGOR, McGREGOR
ENTERPRISES, and
VICTORYLAND,
Defendants.

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CIVIL ACTION NO.
3:10cv680-MHT
(WO)

ORDER AND FINAL JUDGMENT
This

action

came

before

the

Court

for

a

final

fairness hearing held on April 22, 2013, on a proposed
settlement (the “Settlement”) of this class action (the
“Action”)

preliminarily

certified

for

settlement

purposes only, and the issues having been duly heard
and a decision having been duly rendered,
IT

IS

THEREFORE

ORDERED

AND

ADJUDGED

that

the

Motions for

Entry of Final Approval Order and Approval

of Plan of Allocation (Doc. Nos. 195 & 205)

and the

Plaintiffs’ Application for Award of Attorneys’ Fees,
Expenses,

and

Award

of

Enhancement

for

Class

Representatives (Doc. No. 194) are granted as follows:
To the extent not otherwise defined herein, all
terms

shall

have

the

same

meaning

as

used

in

the

Agreement of Settlement (Doc. No. 188-1) executed on
October 23, 2012 (“the Agreement”).
The Court has jurisdiction over the subject matter
of this action and over all parties to this action,
including all members of the Settlement Class.
The

Court

hereby

approves

and

confirms

the

Settlement embodied in the Agreement as being a fair,
reasonable, and adequate settlement and compromise of
this action, adopts the Agreement as its judgment and
orders that the Settlement shall be effective, binding,
and enforced according to its terms and conditions.
The

Court

determines

that

the

Plaintiffs

have

asserted claims on behalf themselves and all members of

2

the Settlement Class to recover damages, including but
not limited to the statutory damages provided by the
Employee

Retirement

amended, 29 U.S.C.
failure

to

Income

Security

Act

of

1974

as

§§ 1001-1461 (“ERISA”) for alleged

give

appropriate

notices

concerning

Consolidated Omnibus Budget Reconciliation Act of 1985
(“COBRA”) that complied with the American Recovery and
Reinvestment

Act

of

2009

(“ARRA”).

Defendants

have

generally denied Plaintiffs’ allegations.
The

Court

determines

that

the

Settlement,

which

will include the total payment of One Million Three
Hundred

Thousand

($1,300,000.00)

Dollars

by

the

Defendants, $350,000 of which is for statutory damages,
to

be

paid

to

the

Class

Representatives

and

Class

Members, has been negotiated vigorously and at arms’
length by Class Counsel and Defense Counsel and further
finds

that

at

all

times,

Plaintiffs

have

acted

independently and that their interests are identical to
the interests of the Settlement Class.
that

the

Plaintiffs

and

Defendants

3

The Court finds
have

vigorously

litigated numerous issues.

The Court finds that the

concerns of Class Counsel that the Defendants may be
unable to pay any larger recovery in the future is
reasonable,

given

Defendants.

the

present

Furthermore,

circumstances

Plaintiffs

of

the

appropriately

recognize that there is no guarantee of success in the
litigation
further

and

that

a

protracted

appeals.

settlement

litigation

is

preferable

including

to

possible

The Court further finds that the Settlement

arises from a genuine controversy between the Parties
and

is

not

the

result

of

collusion,

nor

was

the

Settlement procured by fraud or misrepresentation.
The

Court

determines

transmitted

to

the

Preliminary

Approval

that

Settlement
Order

the

Class

Class

pursuant

concerning

the

Notice
to

the

Settlement

and other matters set forth therein is the best notice
practicable
individual
Class

who

efforts.

under

the

notice

to

could

be

circumstances

all

members

identified

of

and

included

the

Settlement

through

reasonable

Such Class Notice provides valid, due, and

4

sufficient

notice

of

these

proceedings

and

of

the

matters set forth therein, including the Settlement to
all persons entitled to such Class Notice; and such
Class Notice fully satisfies the requirements of Rule
23 of the Federal Rules of Civil Procedure and the
requirements of due process.
The Court hereby approves the maintenance of the
action
Federal

as

an

Rules

opt-out
of

class

Civil

action

Procedure

pursuant

23(b)(3)

to

the

with

the

Class being defined as:
All former employees of Macon County Greyhound
Park
(d/b/a
Victoryland
and
McGregor
Enterprises) (“MCGP”) who participated in a
group health insurance plan with BlueCross
BlueShield of Alabama that was provided by MCGP
in this action for employees of MCGP, including
employees who signed an arbitration agreement
as a condition to employment, and who were laid
off from employment at MCGP in January and
February of 2010 and who were not subsequently
re-hired by MCGP.
Pursuant to Federal Rules of Civil Procedure 23(g),
the

Court

hereby

confirms

Class Counsel as follows:

its

prior

appointment

of

The Segrest Law Firm, Robert

Simms Thompson, P.C.; Bailey & Glasser, LLC; and The

5

Martin Law Group, LLC.
Based on the Settlement, the Court hereby dismisses
the Complaint and the action against the Defendants,
with prejudice, on the merits.
As of the date of complete settlement approval and
payment of the settlement amount, Plaintiffs and each
member of the Settlement Class who has not opted out in
accordance

with

the

Settlement

Agreement

and

Class

Notice, on their own behalf, shall be deemed to have
released

each

and

all

of

the

Defendants

from

the

released claims.
As of the date of complete settlement approval and
payment
including
might

of

the

all

settlement

persons,

otherwise

be

firms,

entitled

to

amounts,
and

Defendants,

corporations

claims

through

who

them,

shall be deemed to have released the Plaintiff Released
Parties from any claims that may have arisen out of
this action.
Approval,

and

As of the date of Complete Settlement
payment

of

the

settlement

amounts,

Plaintiffs and Settlement Class Members shall be deemed

6

to have released the Defendants from any claims that
may have arisen out of this action.
As of the date of Complete Settlement Approval, and
payment

of

provisions

the

shall

settlement
be

given

amount,

full

force

all
and

release
effect

in

accordance with each and all of their express terms and
provisions,

including

relating

unknown,

to

those

terms

unsuspected,

demands, or causes of action.
Plaintiffs,

for

Settlement

Class,

provisions

future

claims,

Further, Defendants and

themselves,
assume

or

and

and

the

on

risk

of

behalf
any

of

the

subsequent

discovery of any matter, fact, or law, that, if now
known or understood, would in any respect have affected
or could have affected any such Person’s entering into
the Agreement.
The Court further determines that Defendants have
fully

complied

Class

Action

with

the

Fairness

notice

Act

of

requirements
2005,

to

the

of

the

extent

possible.
Plaintiffs and all members of the Settlement Class,

7

including those who have opted out without reservation
of

rights,

pursuant

to

the

Settlement

Agreement

and

Class Notice, are hereby barred and enjoined from the
institution

and

prosecution,

either

directly

or

indirectly, of any other actions in any court asserting
any

and

all

Released

Claims

against

any

and

all

Released Parties as described in the Release.
The litigation expenses incurred by Class Counsel
in

the

course

reasonable.

of

prosecuting

Accordingly,

Class

this

action

Counsel

are

are

awarded

expenses in the amount of $15,383.08, to be paid from
the Administration Fund.
The attorneys fees sought by Class Counsel in the
amount of $917,957.41 are reasonable in light of the
successful
monetary

results

achieved

by

Class

Counsel,

the

benefits

obtained

in

this

Action,

the

with

the

experience

in

substantial
Counsel’s

risk
skill

litigation

of

comparable

cases.

associated
and

this

type,

and

Accordingly,

8

the

Action,
class
fee

Class

Class
action

awards
Counsel

in
are

awarded attorneys’ fees in the amount of $917,957.41,
to be paid from the Administrative Fund.
The named Plaintiffs are hereby awarded enhancement
awards in the amount of $2,200.00 each and shall be
paid from the Settlement Fund of $350,000.00.

To the

extent any funds remain in the Settlement Fund after
all distributions are complete, Plaintiffs’ counsel are
directed to distribute any excess funds equally to (1)
the Tuskegee Human & Civil Rights Multicultural Center
and (2) the Macon County Board of Education.
Without affecting the finality of this Judgment,
the

Court

retains

jurisdiction

for

purposes

of

implementing the Agreement and reserves the power to
enter

additional

orderly

orders

administration

to

effectuate

and

the

consummation

fair

and

of

the

Agreement and Settlement, as may from time to time be
appropriate,

and

resolution

arising thereunder.

9

of

any

and

all

disputes

This case is closed.
DONE, this 23d day of April, 2013.
___/s/ Myron H. Thompson_____
UNITED STATES DISTRICT JUDGE