Prescott v. Reckitt Benckiser LLC

Filing 201

FINAL ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS SETTLEMENT AND AWARDING ATTORNEYS FEES, COSTS, AND SERVICE AWARDS. Signed by Judge Beth Labson Freeman on 3/28/2024. (blflc1, COURT STAFF) (Filed on 3/28/2024)

1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

2
3
4
5
6
7
8

STEVEN ROBERT PRESCOTT,
DONOVAN MARSHALL, MARIA
CHRISTINE ANELLO, DARLENE
KITTREDGE, TREAHANNA
CLEMMONS, and SUSAN ELIZABETH
GRACIALE, individually and on behalf of
all others similarly situated,
Plaintiffs,

9
10
11
12

Case No.: 5:20-cv-02101-BLF
FINAL ORDER AND JUDGMENT
GRANTING FINAL APPROVAL OF
CLASS SETTLEMENT AND
AWARDING ATTORNEYS’ FEES,
COSTS, AND SERVICE AWARDS

vs.
RECKITT BENCKISER LLC,
Defendant.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FINAL ORDER AND JUDGMENT
Case No. 5:20-cv-02101-BLF

1

Plaintiffs’ Motion for Final Settlement Approval and Awards of Attorney’s Fees, Litigation

2

Costs, and Service Awards came before the Court for hearing on March 28, 2024. Having

3

considered the parties’ Settlement Agreement, and all papers filed and proceedings had herein,

4

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

5

1.

The Court finds, following rigorous analysis and for purposes of settlement only,

6

that the following Settlement Classes satisfy the requirements of Federal Rule of Civil Procedure

7

23 and are certified:

8

(a)

9

detergent with a label bearing the phrases “Color Renew” and/or “revives colors” from

California Class: All residents of California who purchased Woolite laundry

10

February 1, 2017 to May 1, 2023.

11

(b)

12

detergent with a label bearing the phrases “Color Renew” and/or “revives colors” from

13

February 22, 2018 to May 1, 2023.

14

(c)

15

laundry detergent with a label bearing the phrases “Color Renew” and/or “revives colors”

16

from February 22, 2017 to May 1, 2023. 1

17

2.

New York Class: All residents of New York who purchased Woolite laundry

Massachusetts Class: All residents of Massachusetts who purchased Woolite

The Court finds that notice has been disseminated to the Classes in compliance with

18

the Court’s Order Granting Preliminary Approval. The Court further finds that the notice given

19

was the best notice practicable under the circumstances; constituted notice that was reasonably

20

calculated, under the circumstances, to apprise Class members of the pendency of the action, the

21

terms of the proposed Settlement, the right to object to or exclude themselves from the proposed

22

Settlement, and the right to appear at the Final Approval Hearing; constituted due, adequate, and

23

sufficient notice to all persons entitled to receive notice; fully satisfied due process; and met the

24
1

Excluded from the Settlement Classes are: (a) Reckitt, any entity in which Reckitt has a
controlling interest, Reckitt’s officers, directors, legal representatives, successors, subsidiaries
26 and assigns; (b) any judge, justice or judicial officer presiding over this action or settlement
conferences and the members of their immediate families and staff; (c) any person who timely
27
and properly excludes himself or herself from the Settlement Class.
28
25

FINAL ORDER AND JUDGMENT
Case No. 5:20-cv-02101-BLF

1

requirements of Rule 23 of the Federal Rules of Civil Procedure. The Court further finds that notice

2

provisions of 28 U.S.C. § 1715 were complied with in this case.

3

3.

The Court finds that the proposed settlement is fair, reasonable, and adequate under

4

Rule 23(e)(2), is in the best interest of the Class, and should be and hereby is fully and finally

5

approved. See Fed. R. Civ. P 23(e)(1)(B)(i).

6

4.

The Court hereby adopts and approves the Settlement Agreement and the

7 Settlement terms contained therein. Accordingly, the Court directs the Parties and their counsel to
8 implement and consummate the Settlement in accordance with the terms and conditions of all
9 portions of the Settlement Agreement.
10

5.

The Court hereby authorizes the Settlement Administrator, Epiq Class Action &

11 Claims Solutions, Inc. (“Epiq”), to administer the settlement benefits to the members of the
12

Settlement Class pursuant to the terms of the parties’ Settlement Agreement. See Settlement

13

Agreement, Section IX.K.

14

6.

The Court finds the attorney’s fee requested by Class Counsel to be fair and

15

reasonable. Accordingly, the Court grants Class Counsel’s request for an attorneys’ fee of

16

$982,500.00 to be paid from the settlement fund.

17

7.

The Court further finds that Class Counsel reasonably expended $369,499.27 in

18 costs to prosecute the litigation on behalf of the Plaintiffs and the Classes. Accordingly, the Court
19

grants the request to reimburse Class Counsel’s costs in the amount of $369,499.27 to be paid from

20

the settlement fund.

21
22

8.

The Court finds that the requested service awards in the amount of $10,000 per

Class Representative are excessive, and instead awards Class Representatives Steven Prescott,

23 Donovan Marshall, Maria Christine Anello, Darlene Kittredge, Treahanna Clemmons, and
24

Susan Graciale $5,000.00 each (totaling $30,000 for the six Class Representatives) to be paid

25

from the settlement fund.

26

9.

The Court further finds that Epiq reasonably incurred $ 337,000.00 to provide

27

notice and settlement administration services. Accordingly, the Court grants the request to pay

28

Epiq $ 337,000.00 from the settlement fund for Epiq’s work as the Settlement Administrator.
2
FINAL ORDER AND JUDGMENT
Case No. 5:20-cv-02101-BLF

1
2

10.

The Court also approves the World Wildlife Fund (“WWF”) as the cy pres

recipient. Pursuant to the terms of the Settlement Agreement, the cy pres recipient will only receive

3 money from the settlement fund if the parties mutually agree that a supplemental distribution is
4 economically unfeasible. See Settlement Agreement, Section IX.L.
5

11.

Other than as expressly provided for in this Order, no other costs or fees shall be

6 assessed on any party to this action.
7

12.

All claims against the Defendant in this action are hereby dismissed with prejudice.

8

13.

The Release set forth in the Settlement Agreement, in Section XI, is incorporated

9 herein and, as of the Effective Date and by operation of the Order, is binding and effective on all
10 Class members who have not properly excluded themselves from the Classes. The Settlement
11 Agreement, including the full Release in Section XI, can be found on the Court’s publicly available
12 docket at ECF No. 178-2.
13

14.

The Court expressly directs the Clerks of the Court to enter this Final Order and

14 Judgment, and hereby decrees that, upon entry, it be deemed a final judgment. Without affecting
15 the finality of this Judgment in any way, this Court hereby retains continuing jurisdiction over (a)
16 implementation of the settlement; (b) further proceedings, if necessary, on applications for
17 attorneys’ fees, expenses, and costs in connection with the action and the settlement; and (c) the
18 parties and the Class members for the purpose of construing, enforcing, and administering the
19 Settlement Agreement and all orders and judgments entered in connection therewith.
20
21
22
23
24
25

IT IS SO ORDERED.
March 28, 2024
Dated: _________________

___________________________________
HON. BETH LABSON FREEMAN
UNITED STATES DISTRICT COURT JUDGE

26
27
28

3
FINAL ORDER AND JUDGMENT
Case No. 5:20-cv-02101-BLF