Diana Tait et al v. BSH Home Appliances Corporation

Filing 403

FINAL JUDGMENT by Judge David O. Carter. (lwag)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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SHARON COBB, et al., individually
and on behalf of all others similarly
situated,

Judge:

vs.

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xxxxxxxxxxxxxxxFINAL JUDGMENT
[PROPOSED]

Plaintiffs,

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Case No. SACV10-711 DOC (ANx)

Hon. David O. Carter

BSH HOME APPLIANCES
CORPORATION, a Delaware
Corporation,

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Defendant.

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228703

CASE NO. SACV10-711 DOC (ANX)
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[PROPOSED]

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IT IS HEREBY ADJUDGED AND DECREED THAT:

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1.

Settlement Agreement and Release fully executed on December 12, 2014 (Dkt.
363-1) (“Settlement Agreement”), and all terms used herein shall have the same
meanings as set forth in the Settlement Agreement unless set forth differently
herein. The terms of the Settlement Agreement are fully incorporated in this
Judgment as if set forth fully here.

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This Judgment incorporates by reference the definitions in the

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On February 27, 2015, Plaintiffs filed two motions in this action,

Cobb, et al. v. BSH Home Appliances Corp., Case No. SACV10-711-DOC (ANX)

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(“the Action”): a) Motion for Final Approval of Class Action Settlement (Dkt.

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373); and b) Plaintiffs’ Motion for Attorney’s Fees and Reimbursement of

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Expenses, and Plaintiffs’ Request for Service Awards (Dkt. 372) (“Motions”). The

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Motions duly came on for hearing on June 8, 2015. On July 27, 2015, the Court
issued its Order Granting the Motions (Dkt. 401) (“Final Approval Order”).

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3.

entered in accordance therewith.

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4.

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5.

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The objections of Bobby Ameen, Charles Moore, Roger Kerr, Jeffrey

Rudy, Robert and Robin Munoz and Joseph McLaughlin are overruled for the
reasons stated in the Final Approval Order. In addition, Joseph McLaughlin’s
objection is overruled for being untimely.

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The Settlement Class, as defined in the Settlement Agreement is

certified.

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For the reasons stated in the Final Approval Order, judgment is

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Eppsteiner & Fiorica Attorneys, LLP; Lieff Cabraser, Heimann and

Bernstein; and Levin, Fishbein, Sedran and Berman are confirmed as Class
Counsel.

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7.

Wentworth are confirmed as the Class Representatives for the Settlement Class.

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8.

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The settlement proposed by Plaintiffs is Finally Approved. The Final

Approval Order is incorporated herein by reference.

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Beverly Gibson, Dennis Demereckis, Trisha Isabella, and Nancy

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Defendant shall timely pay all Class Members that have filed timely

and valid claims, pursuant to the terms and conditions of the Settlement
Agreement.

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10.

The list of persons excluded from the Settlement Class because they

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submitted valid requests for exclusion (“Exclusions”), was filed as Exhibit 1A to

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Plaintiffs’ Reply In Support of Motions for Final Approval Of Class Action

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Settlement, Attorneys’ Fees and Costs, and Class Representative Service Awards.

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(Dkt. 379-1). Persons who submitted timely, completed Exclusions are not bound
by this Final Judgment. However, such persons are not entitled to any rights or
benefits provided to the Settlement Class by the terms of the approved settlement
or this Final Judgment.

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have timely and validly filed exclusions, are bound by this Judgment and by the
terms of the Settlement Agreement, including the scope of the Released Claims
described in Section VIII of the Settlement Agreement.

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All Settlement Class members, which excludes those persons who

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Class Counsel’s application for an award of attorneys’ fees in the

amount of $4,188,981.61, reimbursement of expenses in the amount of
$2,311,018.39, and incentive awards in the amount of $5,000.00 for each Class

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representative is GRANTED. Class Counsel’s attorneys’ fees, reimbursement of

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expenses, and the Plaintiffs’ incentive awards shall be paid in accordance with the

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schedules set forth in Sections VI and VII of the Settlement Agreement and Exhibit
2, thereto.

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CASE NO. SACV10-711 DOC (ANX)
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account or accounts as designated by Class Counsel for the benefit of Class
Counsel pursuant to the terms, conditions and obligations of the Settlement
Agreement.

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prosecution of this litigation. The Court authorizes the firms of Eppsteiner &
Fiorica Attorneys, LLP and Lieff Cabraser Heimann & Bernstein, LLP to allocate
the fee award among the Class Counsel firms.
15.

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The Released Claims, as that phrase is defined in Section VIII of the

Settlement Agreement, are released.

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The awarded fees and expenses shall be paid to Class Counsel for

distribution in a manner that reflects each law firm’s relative contribution to the

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The awarded attorneys’ fees and costs shall be transferred into an

13.

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Without affecting the finality of the Final Approval Order or this Final

Judgment, the Court reserves exclusive jurisdiction as to all matters related to
administration, consummation, enforcement, and interpretation of the Settlement,
the Settlement Agreement, the Final Approval Order and this Final Judgment,
including, without limitation, for the purpose of:

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a. enforcing the terms and conditions of the Settlement and resolving

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any disputes, claims, or causes of action that, in whole or in part, are

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related to or arise out of the Settlement, the Settlement Agreement, the

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Final Approval Order or this Final Judgment (including, without

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limitation, whether a person or entity is or is not a Class Member and

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whether claims or causes of action allegedly related to the Action are

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or are not barred or released by this Final Approval Order or this Final

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Judgment and the Settlement);

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b. entering such additional orders, if any, as may be necessary or

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appropriate to protect or effectuate the Settlement, the Settlement

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Agreement, the Final Approval Order or this Final Judgment, or to

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CASE NO. SACV10-711 DOC (ANX)
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ensure the fair and orderly administration of the Settlement;

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c. entering any other necessary or appropriate orders to protect and

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effectuate the Court’s retention of continuing jurisdiction; and

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d. ordering any additional discovery regarding objections to the

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Settlement and presiding over any motions for appeal bonds;

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The Action is hereby dismissed with prejudice in its entirety, except to

the extent that this Court retains continuing jurisdiction as stated above. Except as
expressly set forth in the Settlement Agreement, or as granted by the Final
Approval Order or this Final Judgment, it is adjudged that Plaintiffs and all Class
Members take only those moneys and benefits as provided in the Settlement
Agreement, and their claims, as asserted in this lawsuit, are hereby dismissed with
prejudice. There is no just cause to delay appeal or enforcement of the Final
Approval Order or this Final Judgment.

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IT IS SO ORDERED.

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Dated: August 4, 2015

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HON. DAVID O. CARTER
U.S. DISTRICT COURT JUDGE
NAI-1500464407v1
1:41 PM

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CASE NO. SACV10-711 DOC (ANX)
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