Keene v. Coldwater Creek, Inc.

Filing 71

STIPULATED ORDER OF DISMISSAL WITH PREJUDICE AND JUDGMENT (whalc2, COURT STAFF) (Filed on 7/7/2009)

Case3:07-cv-05324-WHA Document70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// v. COLDWATER CREEK, INC., a Delaware Corporation, and DOES 1 through 500, inclusive, Defendants. Scott B. Cooper (State Bar No. 174520) THE COOPER LAW FIRM, P.C. [e-mail] 2030 Main Street, Suite 1300 Irvine, California 92614 Telephone: [phone] Facsimile: [phone] Roger R. Carter (State Bar No. 140196) THE CARTER LAW FIRM [e-mail] 2030 Main Street, Suite 1300 Irvine, California 92614 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and the Certified Class Eric Meckley (State Bar No. 168181) Shannon B. Nakabayashi (State Bar No. 215469) MORGAN, LEWIS & BOCKIUS, LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Defendant COLDWATER CREEK, INC.

Filed06/26/09 Page1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BRITTANY KEENE, on behalf of herself and all others similarly situated, Plaintiff, Case No. C07-5324 WHA [PROPOSED] JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

[PROPOSED] JUDGMENT AND ORDER OF DISMISSAL
DB2/21171587.1

Case3:07-cv-05324-WHA Document70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 July 7, 2009 Dated: ________________, 2009

Filed06/26/09 Page2 of 2

On June 23, 2009, the Court entered an Order granting final approval of the class action settlement described in the Amended Stipulation of Class Action Settlement (the "Settlement Agreement") between Plaintiff Brittany Keene ("Plaintiff") and Defendant Coldwater Creek, Inc. ("Defendant") (together hereinafter the "Parties") and awarding fees and costs as described in the Court's Order ("Final Approval Order"). Pursuant to Paragraphs 4.1, 11.1 and 13.1 of the Settlement Agreement, the Parties conditioned the effectiveness of the settlement upon the Court entering a Judgment dismissing the lawsuit with prejudice and agreed to request that the Court enter such Judgment. Now that the Court has granted final approval to the settlement, the Parties present to the Court this proposed form of Judgment for the Court's review and approval. NOW GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AND ADJUDGED THAT: 1. The Court enters judgment in accordance with its Final Approval Order and orders

that the Lawsuit be dismissed on the merits with prejudice on a class-wide basis in accordance with the terms of the Settlement Agreement. This document shall constitute a final judgment for purposes of Federal Rule of Civil Procedure, Rule 58. 2. All Class Members, except those who timely opted out of the settlement or who

were deemed opted out of the settlement pursuant to the Settlement Agreement, are bound by the instant Judgment and Order of Dismissal with Prejudice and by the terms of the Settlement Agreement, including the Release of Claims described in Paragraph 12.1 of the Settlement Agreement. 3. Without affecting the finality of the Settlement or the Judgment in any way, the

Court shall retain exclusive and continuing jurisdiction over this Lawsuit and the Parties, including all Class Members, for the purposes of monitoring compliance with and performance of the
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Settlement. IT IS SO ORDERED.

F D IS T IC T O R [PROPOSED] JUDGMENT AND ORDER OF DISMISSAL

Honorable Judge, United States District Court E
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DB2/21171587.1

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