DeMira v. HCR Manorcare et al

Filing 78

JUDGMENT AND DISMISSAL (lhklc4, COURT STAFF) (Filed on 3/13/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELSY GARCIA DE MIRA, individually,
and on behalf of all others similarly
situated,

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Case No. 12-cv-04092 LHK
JUDGMENT AND DISMISSAL

Plaintiff,
v.
HCR MANORCARE; HCR
MANORCARE MEDICAL SERVICES
OF FLORIDA, LLC; MANOR CARE,
INC.; and DOES 1 through 10, inclusive,
Defendants.

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JUDGMENT AND DISMISSAL

CASE NO. 12-cv-04092 LHK

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PURSUANT TO THE ORDER GRANTING FINAL APPROVAL OF CLASS ACTION

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SETTLEMENT ENTERED ON MARCH 13, 2014, IT IS HEREBY ORDERED, ADJUDGED

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AND DECREED AS FOLLOWS:

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1.

The Revised (October 2013) Class Action Settlement Agreement And Stipulation

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(“Settlement Agreement”), previously submitted and on file (ECF No. 57-1), shall be incorporated

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into this Judgment as though all terms therein are set forth in full. The capitalized terms in this

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Judgment shall have the meanings set forth in the Settlement Agreement.

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2.

All claims asserted in this Action by the Named Plaintiff Elsy Garcia De Mira and the

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Plaintiff Class Members shall be and hereby are DISMISSED WITH PREJUDICE. Except as set

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forth in the Settlement Agreement, each party is to bear her/its own attorneys’ fees and costs. All

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Class Members who did not timely opt out from the Settlement are permanently enjoined from

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pursuing, or seeking to reopen, any of the Settled Claims, as defined in the Settlement Agreement.

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3.

Without affecting the finality of the Judgment, the Court shall retain exclusive and

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continuing jurisdiction over the above-captioned Action and the Parties, including all Class

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Members, for purposes of supervising, administering, implementing, enforcing, and interpreting the

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Settlement Agreement and the Final Approval Order.

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4.

The Clerk shall close the file.

IT IS SO ORDERED.

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Dated: March 13, 2014

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LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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JUDGMENT AND DISMISSAL

CASE NO. 12-cv-04092 LHK