Cordova et al v. R&A Oysters, Inc. et al

Filing 188

Order Of Final Approval Of Class Action Settlement Agreement And Entry Of Final Judgment, as set out. This action is dismissed with prejudice subject to the terms of the settlement agreement. Signed by Chief Judge William H. Steele on 12/6/2016. (tgw)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
__________________________________________
)
MIGUEL ANGEL FUENTES CORDOVA,
)
LEOBARDO MORALES INCLAN, et al.
)
on behalf of themselves and all others
)
Case No. 1:14-cv-00462-WS-M
similarly situated,
)
)
Plaintiffs,
)
)
v.
)
)
R & A OYSTERS, INC., RODNEY L. FOX, and )
ANN P. FOX,
)
)
Defendants.
)
__________________________________________)
ORDER OF FINAL APPROVAL OF
CLASS ACTION SETTLEMENT AGREEMENT AND ENTRY OF FINAL JUDGMENT
This matter is before the Court on the Parties’ Joint Motion for Final Approval of Class
Action Settlement and Entry of Final Judgment. (Doc. 184). After careful consideration of the
motion, the associated filings, the parties’ presentations at the fairness hearing held this date, and
all other relevant materials in the file, the motion is granted as to the breach of contract claim
only. IT IS HEREBY ORDERED:
1. The Court previously granted preliminary approval to the class action settlement in this
case on September 12, 2016. Doc. 176. The Court held a final fairness hearing with
respect to the class action settlement on December 6, 2016.
2. For purposes of the claims brought for breach of contract in this matter, which were
previously conditionally certified by this Court for class action treatment pursuant to
Federal Rule of Civil Procedure 23 (Doc. 175), the settlement covers the following class
of individuals:
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[A]ll those individuals admitted as H-2B temporary foreign workers
pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii)(b), who were employed by
the Defendants in Alabama between October 8, 2008 until the filing
date of the present action, and who were paid on an hourly basis.
3. All of the class members identified were provided notice of this class action settlement
and an opportunity to exclude themselves and/or file objections to the settlement. None
did so. The Court finds that the notice given to the class satisfied the requirements of due
process and Rule 23(e) of the Federal Rules of Civil Procedure.
4. No class members requested exclusion from the class action settlement by the November
25, 2016 deadline.
5. The Court approves the settlement of the breach of contract claim as fair, reasonable, and
adequate and approves the amounts to be paid to the Plaintiffs and class members.
6. By means of this Order, the Court hereby enters final judgment in this action, as defined
by Federal Rule of Civil Procedure 58(a)(1).
7. Without affecting the finality of this final judgment in any way, the Court retains
jurisdiction of all matters related to the interpretation, administration, implementation,
and enforcement of this Order and the settlement, but only with respect to the monetary
terms of the settlement of the retaliation and breach of contract claims.
8. To the extent the parties seek different or additional relief, the motion is denied.
9. This action is also dismissed with prejudice, subject to the terms of the settlement
agreement.
DONE and ORDERED this 6th day of December, 2016.
s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

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