Barnard v. CorePower Yoga LLC

Filing 47

JUDGMENT. ***Civil Case Terminated.***Signed by Judge Haywood S. Gilliam, Jr. on 4/27/18. (ndrS, COURT STAFF) (Filed on 4/27/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHAUNA BARNARD, an individual, on
behalf of herself and all others similarly
situated, all other aggrieved employees, and on
behalf of the general public,
Plaintiff,

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Case No. 4:16-cv-03861 (HSG)
HON. HAYWOOD S. GILLIAM, JR.
Courtroom: 2 – Oakland Courthouse, 4th Fl.
CLASS ACTION
FINAL JUDGMENT

v.
COREPOWER YOGA LLC, a Colorado
Limited Liability Company, and DOES 1
through 50, Inclusive,
Defendant.

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FINAL JUDGMENT 4:16-CV-03861-HSG
462600.02-PALSR01A - MSW

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Having reviewed and considered all the briefing filed with respect to Plaintiff’s Motion

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for Final Approval of Class Action Settlement (Dkt. No. 42) and Plaintiff’s Motion for Fees and

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Costs (Dkt. No. 40), along with the oral argument presented during the final fairness hearing held

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on February 15, 2018, the Court Granted final approval and granted in part Plaintiff’s Motion for

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Fees and Costs, collectively in an Order entered February 21, 2018 (Dkt. No. 45) and now enters

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Judgment as follows:

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1.

In accordance with Rule 23(d) of the Federal Rules of Civil Procedure and the

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requirements of due process, all members of the Settlement Class have been given proper and

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adequate notice of the Settlement.

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2.

The Agreement has been granted final approval pursuant to Rule 23(e) of the

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Federal Rules of Civil Procedure because it is fair, adequate, and reasonable to those it affects; it

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resulted from vigorously contested litigation, discovery and motion practice and extensive good-

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faith, arm’s length negotiations between the parties; and it is in the public interest. (Dkt. No. 45);

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3.

The Parties to the Agreement are directed to consummate the Agreement in

accordance with its terms.

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4.

The Court approved the settlement amount of $1,400,000, including payments of

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attorneys’ fees in the amount of $420,000; costs in the amount of $19,864.77; claims

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administration fees in the amount of $12,878; and an incentive fee for the named Plaintiff in the

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amount of $8,000 (Dkt. No. 45).

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5.

The Litigation as between the Named Plaintiff and the Settlement Class Members

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on the one hand, and CorePower Yoga on the other hand, is DISMISSED WITH PREJUDICE

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and without costs to any Party , other than as specified in the Agreement and Order (Dkt. No.

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45).

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6.

In consideration of the Class Settlement Amount, and for other good and valuable

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consideration, each of the participating Settlement Class Members shall, by operation of this

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Judgment, have fully, finally, and forever released, relinquished, and discharged all settled

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claims against CorePower Yoga in accordance with Sections 22, 23 and 53 of the Agreement.

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FINAL JUDGMENT 4:16-CV-03861-HSG
462600.02-PALSR01A - MSW

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7.

This Judgement is the Final Judgment in the suit as to all Settlement Class

Members’ Released Claims.
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Without affecting the finality of this Judgment in any way, this Court retains

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jurisdiction over (a) implementation of the Settlement and the terms of the Agreement; (b)

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distribution of the Settlement to the Class, Class Counsel, the Class Representative, and the

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Administrator; and (c) all other proceedings related to the implementation, interpretation,

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administration, consummation, and enforcement of the terms of the Agreement and the

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Settlement, and the administration of Claims submitted by Settlement Class Members. The time

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to appeal from this Judgment shall commence upon its entry.

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IT IS SO ORDERED.

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Dated: April 27, 2018

_________________________________
Hon. Haywood S. Gilliam, Jr.

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United States District Judge

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-2FINAL JUDGMENT 4:16-CV-03861-HSG