Andrews Farms et al v. Calcot Ltd et al

Filing 349

FINAL APPROVAL OF CLASS ACTION SETTLEMENT signed by District Judge Lawrence J. O'Neill on 10/6/2011. CASE CLOSED. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREWS FARMS, et al.,

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Plaintiffs,

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CASE NO. CV-F-07-0464 LJO DLB
FINAL APPROVAL OF CLASS ACTION
SETTLEMENT

vs.
CALCOT, LTD., EADIE AND PAYNE,
and ROBERT W. NORRIS,

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Defendants.
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/

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The October 4, 2011 Fairness Hearing was held in accordance with this Court’s Order Granting

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Preliminary Approval Of Class Action Settlement (“Preliminary Approval Order”) (Doc. 325).

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Appearing for Plaintiff's Class, by telephone, was Barry E. Rosenberg, for the Law Offices Of Ralph B.

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Wegis. Appearing for Defendants Calcot, Ltd. and Robert W. Norris were Robert M. Dowd and Michael

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R. Johnson, of Griswold, LaSalle, Cobb, Dowd, & Gin, L.L.P., in person, and T. Mark Smith, of Clifford

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& Brown, via telephone. Appearing for Defendant Eadie and Payne, in person, was Jerry Casheros, of

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McCormick, Barstow, Sheppard, Wayte, & Carruth, L.L.P. No objectors appeared at the hearing.

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For the foregoing reasons, this Court ORDERS as follows:

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1.

For the reasons stated in the Preliminary Approval Order, the parties’ proposed

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settlement agreement (“Settlement Agreement”) is GRANTED final approval, as it meets

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the criteria for settlement approval. The Settlement falls within the range of possible

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approval as fair, adequate, and reasonable, and appears to be the product of arm’s-length

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and informed negotiations and to treat all Class Members fairly.
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2.

All Class Members who submitted a timely and valid claim form pursuant to the

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Settlement Agreement and this Court’s Preliminary Approval Order shall receive a

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settlement share.

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3.

Class members were provided with the opportunity to comment on, or object to, the

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Settlement, as well as elect not to participate in the Settlement. No Class members filed

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written objections to the Settlement as part of the parties’ notice procedures nor stated

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intent to appear at the final approval hearing nor appeared at the fairness hearing.

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4.

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The class representative enhancement request, paid to plaintiff Johnny Andrews, d/b/a
Andrews Farms is GRANTED in the amount of $10,000.

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5.

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Class Counsel’s motion for attorneys’ fees, requesting 27.5% of the Settlement Amount
plus costs is GRANTED.

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6.

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The Administrator shall be paid in accordance with the Settlement Agreement and this
Court’s Preliminary Approval Order.

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7.

By means of this Final Approval Order, this Court hereby enters final judgment in this

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action, as defined in Fed. R. Civ. P. 58(a)(1), and DIRECTS the clerk of court to enter

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judgment in this action

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8.

The Court further DIRECTS the clerk of court to dismiss this action with prejudice, each

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side to bear its own costs and attorneys fees, except as provided by the Settlement

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Agreement and this order.

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9.

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This Court retains jurisdiction to consider all further applications arising out of or in
connection with the Settlement Agreement.

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IT IS SO ORDERED.

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Dated:
b9ed48

October 6, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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