Patricia Wyler-Wittenberg v. Metlife Home Loans, Inc. et al

Filing 66

JUDGMENT AND ORDER OF FINAL APPROVAL OF SETTLEMENT AGRREMENT by Judge Cormac J. Carney, (mt)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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IN RE METLIFE MORTGAGE
CONSULTANTS OVERTIME
LITIGATION

CASE NO. CV 12-09036-CJC(MLGx)
COLLECTIVE ACTION

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JUDGMENT AND ORDER OF FINAL
APPROVAL
OF SETTLEMENT AGREEMENT

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This Document Relates To:
ALL ACTIONS.

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The Court has received and considered the proposed Joint Stipulation and Settlement
Agreement (hereinafter the "Settlement Agreement")1; has received and reviewed briefing
and evidence as to why the proposed settlement is fair, adequate and in the best interests of
the represented class; and has considered all other arguments and submissions in connection
with the proposed settlement.
//

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Undefined capitalized terms used herein have the same meaning ascribed to them in the Settlement
Agreement.

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JUDGMENT AND ORDER FOR APPROVAL OF SETTLEMENT AGREEMENT

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NOW THEREFORE, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED THAT:

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1.

The Settlement Agreement and the terms therein are fair, just, reasonable and

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adequate as to the settling parties, and is hereby finally approved in all respects. The parties

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are hereby directed to perform the terms of the Settlement Agreement.

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2.

The Court hereby approves the Settlement as set forth in the Settlement

Agreement and finds that the Settlement is fair, adequate, and reasonable and is hereby
finally approved in all respects. The Court makes this finding based on a weighing of the
strength of Plaintiffs' claims and Defendants' defenses with the risk, expense, complexity,
and duration of further litigation. The Court also finds that the Settlement is the result of
non-collusive arms-length negotiations between experienced counsel representing the
interests of the Eligible Plaintiffs and Defendants, after thorough factual and legal
investigation. In granting final approval of the Settlement, the Court considered the nature of
the claims, the amounts and kinds of benefits paid in settlement, the allocation of settlement
proceeds among the Eligible Plaintiffs, and the fact that the Settlement represents a
compromise of the Parties' respective positions rather than the result of a finding of liability
at trial. Additionally, the Court finds that the terms of the Settlement have no obvious

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deficiencies and do not improperly grant preferential treatment to any individual Eligible

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Plaintiff. Accordingly, the Court finds that the terms of the Settlement are fair, reasonable,

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and adequate to the Eligible Plaintiffs.

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3.

The Motion for Final Approval is GRANTED, and the Settlement Agreement

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hereby is APPROVED as fair, reasonable, adequate to the Eligible Plaintiffs. The parties are

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directed to consummate the Settlement Agreement in accordance with its terms.

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-1JUDGMENT AND ORDER FOR APPROVAL OF SETTLEMENT AGREEMENT

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4.

The Court hereby enters judgment approving the terms of the Settlement

Agreement.

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5.

Without affecting the finality of the Judgment, the Court shall retain

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jurisdiction of this action for the purpose of resolving any disputes that may arise as to the

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implementation of the monetary relief terms of the Settlement Agreement.

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IT IS SO ORDERED.

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DATED: November 19, 2013
CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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-2JUDGMENT AND ORDER FOR APPROVAL OF SETTLEMENT AGREEMENT