Roger Berry et al v. DCOR, LLC et al

Filing 46

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE by Judge R. Gary Klausner. Pursuant to Federal Rule of Civil Procedure 58, the Court now HEREBY ORDERS ENTRY OF JUDGMENT as follows: This Judgment incorporates by reference the definitions in the S tipulation, and all capitalized terms used, but not defined herein, shall have the same meanings as in the Stipulation. All Parties are bound by this Final Judgment and Order of Dismissal with Prejudice and by the Stipulation as further modified by t he October 6, 2015 Order Granting Joint Motion for Preliminary Approval of Class Action Settlement (DE 42 ). The parties shall comply with the terms and conditions of the Stipulation and of the Final Approval Order. Defendant DCOR shall pay the $6,000,000 settlement funds through the procedure described in the Stipulation. (See attachment Judgment for further details). (MD JS-6, Case Terminated). (jp)

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROGER BERRY, an individual; LOY
PARRACK, an individual; and
CHRISTOPHER DEVRIES, an
individual,

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Plaintiffs,

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v.
DCOR, LLC, a Texas limited liability
company; and DOES 1 through 100,
inclusive,

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Defendants.

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Case No.

2:15-cv-02792-RGK-AJW

Assigned to: Hon. R. Gary Klausner
CLASS ACTION
[PROPOSED] FINAL JUDGMENT
AND ORDER OF DISMISSAL
WITH PREJUDICE
Final Approval Hearing Held:
Date:
Time:
Ctrm:

January 11, 2016
9:00 a.m.
850

Complaint Filed: February 18, 2015
(Removed from Ventura County
Superior Court Case No. 56-201500464160-CU-OE-VTA)

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On January 11, 2016, Plaintiff’s Motion for Final Approval of Class Action

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Settlement, Attorneys’ Fees and Service Award (the “Final Approval Motion”) came

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before the Court for hearing pursuant to the Order of this Court, ECF No. 42, dated

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October 6, 2015, on the application of Plaintiffs ROGER BERRY, LOY PARRACK

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and CHRISTOPHER DEVRIES for approval of the comprehensive settlement terms

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set forth in the Joint Stipulation re: Class Action Settlement and Release (hereinafter the

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“Settlement” or the “Stipulation,” Docket No. 35).
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[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

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Pursuant to Federal Rule of Civil Procedure 58, the Court now HEREBY
ORDERS ENTRY OF JUDGMENT as follows:
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This Judgment incorporates by reference the definitions in the Stipulation,

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and all capitalized terms used, but not defined herein, shall have the same meanings as

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in the Stipulation.

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2.

This Court has jurisdiction over the subject matter of the Action and over

all parties to the Action, including all Class Members.
3.

All Parties are bound by this Final Judgment and Order of Dismissal with

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Prejudice and by the Stipulation as further modified by the October 6, 2015 Order

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Granting Joint Motion for Preliminary Approval of Class Action Settlement (DE

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42). The parties shall comply with the terms and conditions of the Stipulation and of the

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Final Approval Order. Defendant DCOR shall pay the $6,000,000 settlement funds

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through the procedure described in the Stipulation.

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4.

The Court previously certified the Action as a class action under Federal

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Rule of Civil Procedure 23, for settlement purposes. The Class is defined as set forth in

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the Stipulation.

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5.

The Court approves the following payments, after which the remaining

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settlement funds subtracted from the total $6,000,000 settlement payment, shall be

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distributed to the Participating Class Members pursuant to the terms of the Stipulation

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and Final Approval Order:

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- California Labor and Workforce Development Agency: $10,000.00;

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- Plaintiff LOY PARRACK (as a Service Award): $12,500.00;

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- Plaintiff ROGER BERRY (as a Service Award): $12,500.00;

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- Plaintiff CHRISTOPHER DEVRIES (as a Service Award): $1,000.00;

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- Class Counsel (as attorney’s fees): $1,500,000.00;

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- Class Counsel (as litigation costs and expenses): $7,656.63; and

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- CPT Group, Inc. (for claims administration fees): $12,396.00.

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[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

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6.

Except as to any individual claim of those persons who have validly and

timely requested exclusion from the Class, the Action is dismissed with prejudice.
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Upon the Effective Date (as defined in § 1.17 of the Stipulation), all

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Released Claims of each and every member of the Class are and shall be deemed to be

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conclusively released as against Defendant (as set forth in § 1.33 of the Stipulation).

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All persons and entities who are in the Class are hereby forever barred and enjoined

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from commencing, prosecuting or continuing, either directly or indirectly, against

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Defendant, in this or any other jurisdiction or forum, any and all Released Claims (as

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defined in the Stipulation).

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8.

Without affecting the finality of this Final Judgment and Order of

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Dismissal with Prejudice in any way, this Court hereby retains continuing jurisdiction

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over: (a) implementation of the Settlement and any award or distribution of the

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Settlement Fund, including interest earned thereon; (b) disposition of the Settlement

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Fund; (c) hearing and determining applications for attorney fees and expenses in the

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Action; and (d) all parties hereto for the purpose of construing, enforcing, and

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administrating the Stipulation and the Settlement therein.

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9.

The Court finds that during the course of the Action, the Settling Parties

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and their respective counsel at all times complied with the requirements of Federal Rule

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of Civil Procedure 11.

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10.

In the event that the Settlement does not become effective in accordance

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with the terms of the Stipulation or the Effective Date does not occur, or in the event

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that the Settlement Fund, or any portion thereof, is returned to the Defendant, then this

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Final Judgment and Order of Dismissal with Prejudice shall be rendered null and void

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to the extent provided by and in accordance with the Stipulation and shall be vacated

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and, in such event, all orders entered and releases delivered in connection herewith shall

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be null and void to the extent provided by and in accordance with the Stipulation.

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[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

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Pursuant to the terms of the Stipulation, entry of this Judgment shall

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become effective only after the Settlement has been fully funded (Stipulation of

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Settlement, at § 3.22).

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IT IS SO ORDERED.

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DATED: January 19, 2016
Hon. R. Gary Klausner
United States District Court Judge

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[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE