Gillard et al v. Volkswagen Group of America, Inc. et al
Filing
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FINAL JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 9/20/2022. **DISREGARD DOCKET NO. 152 , EXHIBIT IS MISSING FROM THE FILING.** (Attachments: # 1 Exhibit)(ndr, COURT STAFF) (Filed on 9/20/2022)
Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 1 of 4
1 Daniel K. Bryson*
MILBERG COLEMAN BRYSON
2 PHILLIPS GROSSMAN, PLLC
900 W. Morgan St.
3 Raleigh, NC 27603
4 Tel: 919-600-5000;
Brian T. Carr*
HERZFELD & RUBIN, P.C.
125 Broad Street
New York, NY 10004
Tel.: 212-471-8500
E-mail: bcarr@herzfeld-rubin.com
Fax: 919-600-5035
5 Dbryson@Milberg.com
Attorneys for Defendant
VOLKSWAGEN GROUP OF AMERICA,
INC.
6 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
JOHN CHESS, on behalf of himself and all
Case No. 4:17-cv-07287-HSG
others similarly situated
FINAL JUDGMENT
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Judge: Hon. Haywood S. Gilliam, Jr.
Plaintiff,
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vs.
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VOLKSWAGEN GROUP OF AMERICA,
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Defendant.
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FINAL JUDGMENT
CASE NO. 4:17-cv-07287-HSG
Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 2 of 4
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On October 6, 2021, the Parties entered into an Amended Settlement Agreement (“Settlement
2 Agreement”) for a nationwide Class Settlement of this action (“Class Settlement”). This Court granted
3 preliminary approval of the Class Settlement and the Parties’ Notice Plan by Order dated November 24,
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2021 (Dkt. No. 135). Thereafter, following the successful implementation of the Notice Plan, this Court,
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after reading and carefully considering all submissions filed by the Parties and the Settlement
Administrator in connection with the Class Settlement, the two objections, the Parties’ responses thereto,
8 and having conducted an in-person final fairness hearing on August 18, 2022, issued its Order dated
9 September 12, 2022 (Dkt. No. 150) (the “Final Approval Order”). The Final Approval Order overruled
10 the objections, granted Final Approval of the Class Settlement pursuant to the terms and provisions of
11 the Settlement Agreement, as fair, reasonable and adequate and comporting, in all respects, with Fed. R.
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Civ. P. 23, granted final certification of the Settlement Class for purposes of settlement only, granted an
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award of reasonable attorneys’ fees and expenses to Class Counsel, and a service award to the Plaintiff
15 John Chess, in respective amounts set forth in the Final Approval Order, and directed submission of a
16 stipulated Judgment consistent therewith.
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NOW, it is hereby ADJUDGED that:
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1. The Class Settlement is hereby granted final approval in accordance with the terms and
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provisions of the Settlement Agreement, all of which are incorporated herein, for the reasons
set forth in the Final Approval Order;
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2. The Settlement Class is hereby certified for settlement purposes only;
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3. All Released Claims set forth in the Settlement Agreement are hereby fully and finally
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released, remised, acquitted and discharged against Defendant and all Released Parties set
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forth in the Settlement Agreement, other than for the seven persons whose names are annexed
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hereto as Exhibit A as having submitted valid and timely requests for exclusion from the
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Class Settlement;
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STIPULATED FINAL JUDGMENT
CASE NO. 4:17-cv-07287-HSG
Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 3 of 4
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4. Reasonable counsel fees and expenses to Class Counsel, and the service award to Plaintiff
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John Chess, are hereby approved in accordance with, and in the amounts set forth in, the Final
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Approval Order;
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5. Plaintiff and every Settlement Class Member (other than those seven specifically listed in
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Exhibit A hereto), and any person or entity acting or purporting to act on behalf of any said
Settlement Class Member(s), is/are hereby permanently barred and enjoined from
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commencing, instituting, filing, continuing, pursuing, maintaining, prosecuting, or enforcing
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any Released Claim against Defendant and/or any of the Released Parties. This permanent
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bar and injunction is necessary to protect and effectuate the Settlement Agreement, the Final
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Approval Order, this Judgment, and this Court’s authority to enforce and effectuate the
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Settlement Agreement, and is ordered in aid of this Court’s jurisdiction and to protect its
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judgments;
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6. Without affecting the finality of this Judgment, this Court shall retain continuing jurisdiction
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over the Parties and the Settlement Class with respect to all matters relating to the
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interpretation, administration, implementation, effectuation and enforcement of the
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Settlement Agreement and this Class Settlement, which includes, without limitation, the
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Court’s power pursuant to the All Writs Act, 28 U.S.C. § 1651, and/or any other applicable
law, to enforce the above-described bar to and injunction against commencing, instituting,
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filing, continuing, pursuing, maintaining, prosecuting, or enforcing any and all Released
Claims against Defendant and/or any released Parties;
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7. This action, and all claims asserted therein, are hereby dismissed with prejudice; and
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8. The Court finds that no just reason exists for delay in entering this Judgment. Accordingly,
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the Clerk is hereby directed to enter this Judgment.
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STIPULATED FINAL JUDGMENT
CASE NO. 4:17-cv-07287-HSG
Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 4 of 4
1 Dated: September 20, 2022
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HAYWOOD S. GILLIAM, JR.
United States District Judge
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STIPULATED FINAL JUDGMENT
CASE NO. 4:17-cv-07287-HSG
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