Payam Ahdoot v. Babolat VS North America Inc et al

Filing 74

JUDGMENT by Judge Virginia A. Phillips related to: Motion Related Document, 73 . (See document for specifics.) (MD JS-6, Case Terminated). (iva)

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JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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PAYAM AHDOOT, on behalf of
himself and all others similarly situated,
and the general public,

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Plaintiff,

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JUDGMENT

vs.
BABOLAT VS NORTH AMERICA,
INC., a Colorado Corporation and
DOES 1 through 10, inclusive,

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Case No. CV13-02823 VAP
Consolidated with CV13-7898 VAP
[Assigned for all purposes to Hon.
Virginia A. Phillips]

District Judge: Virginia A. Phillips
Action Filed: April 22, 2013

Defendants.

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BRANDON CLARK, on behalf of
himself and all others similarly situated,
and the general public,
Plaintiff,

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vs.

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BABOLAT VS NORTH AMERICA,
INC., a Colorado Corporation and
DOES 1 through 10, inclusive,

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Defendants.

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.
JUDGMENT
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Plaintiffs’ Motion for Final Approval of Class Action Settlement (Doc. No.

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62) and Plaintiffs’ Motion for Attorney Fees, Costs, Incentive Awards, and

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Administration Costs (Doc. No. 63) (together, the “Motion for Final Approval”)

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were heard by this Court on April 6, 2015. For the reasons stated in its Order

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Granting Motion For Final Approval of Class Action Settlement and Granting

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Motion for Attorney Fees, Costs, Incentive Awards, and Administration Costs dated

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April 6, 2015 (the “Final Approval Order”) (Doc. No. 72), this Court granted

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Plaintiffs’ Motion for Final Approval.

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Pursuant to Federal Rule of Civil Procedure 58, the Court HEREBY
ORDERS ENTRY OF JUDGMENT as follows:
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The capitalized terms used in this Judgment shall have the same

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meaning as defined in the Stipulation and Agreement Settlement (Doc. No. 62-3)

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(the “Settlement Agreement”).

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2.

The Parties shall comply with the terms and conditions of the

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Settlement Agreement and of the Final Approval Order. Defendant Babolat VS

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North America, Inc. (“Babolat”) shall pay $4,500,000 in total settlement funds into

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the Gross Settlement Fund (with credit for funds previously paid into the Gross

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Settlement Fund by Babolat) pursuant to the procedure and timing set forth in the

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Settlement Agreement after which Babolat and the Babolat Releasees shall have no

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further liability for costs, expenses, interest, attorney’s fees, or for any other charge,

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expense, or liability for the Released Claims.

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3.

The Court approves the following payments to be made by the

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Settlement Administrator pursuant to the terms of the Settlement Agreement and the

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Final Approval Order:

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Plaintiffs’ Attorneys Fees: $1,125,000;

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Plaintiffs’ Litigation Costs: $78,134.65;

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Plaintiffs’ Incentive Awards $5,000 to Plaintiff Ahdoot/$5,000 to Plaintiff

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Clark;
JUDGMENT
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Settlement Administration Costs: $194,524.78; and

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After which the remainder of the Gross Settlement Fund (the “Net Settlement

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Fund”) shall be paid to Settlement Class Members with respect to Valid Claims, and

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to the extent settlement funds remain in the Net Settlement Fund after full payment

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to Settlement Class Members, the remainder, if any, distributed cy pres fifty percent

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(50%) to St. Jude's Children's Research Hospital and fifty percent (50%) to USTA

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Serves.

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4.

The payments to be made by the Settlement Administrator shall be

made (unless stayed by Appeal) in respect of:

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Settlement Administration Costs: As incurred;

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Plaintiffs’ Attorneys Fees, Plaintiffs’ Litigation Costs and Plaintiffs’

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Incentive Awards: Within 7 business days after the 60th calendar day after entry of

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this judgment;

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Payments to Settlement Class Members: Within 81 calendar days after entry
of this judgment; and

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Cy Pres Distribution: As soon as practical after the Settlement Administrator

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determines that the period for Settlement Class Members to negotiate their checks

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has ended and the sum remaining in the Net Settlement Account can be accurately

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ascertained.

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5.

The Complaint is hereby dismissed in its entirety, with prejudice.

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Without affecting the finality of this Judgment in any way, the Court shall maintain

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continuing jurisdiction over this matter to ensure compliance with all terms of the

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settlement.

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IT IS SO ORDERED,

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DATED: April 29, 2015

_________________________________
Honorable Virginia A. Phillips
United States District Court
JUDGMENT
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