Smith v. Pizza Hut, Inc.

Filing 466

ORDER Granting Approval of Settlement. The parties Unopposed Motion to Approve Collective Action Settlement (Doc. # 464 ) is GRANTED. This Action is hereby DISMISSED in its entirety, on the merits, as against Defendant WITH PREJUDICE, and witho ut costs to any party, except to the extent otherwise expressly provided in the Settlement. This Court intends this Order of Approval to be "Final" within the meaning of the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure. By Judge Christine M. Arguello on 03/26/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 09-cv-01632-CMA-NYW
MARK SMITH, individually and on behalf of other similarly situated persons,
Plaintiff,
v.
PIZZA HUT, INC.,
Defendant.
ORDER GRANTING APPROVAL
OF SETTLEMENT
WHEREAS:
A.

On March 20, 2015, Plaintiffs in the above-captioned action (the “Action”) filed
with this Court an Unopposed Motion for Approval of Collective Action
Settlement (Doc. # 464), and submitted to the Court the parties’ Confidential
Settlement Agreement and Release of Claims (“Settlement”).

B.

This Court has reviewed the submissions presented with respect to the
Settlement.

C.

All capitalized terms in this Order Granting Approval of Settlement (“Approval
Order”) that are not otherwise defined have the same meaning as in the
Settlement Agreement.

NOW THEREFORE, after due deliberation, this Court hereby ORDERS that:
1.

The parties Unopposed Motion to Approve Collective Action Settlement (Doc.
# 464) is GRANTED.

2.

This Approval Order will be binding on the Named Plaintiff and Drivers, as
defined in the Settlement Agreement.

3.

The Settlement is fair, reasonable, and adequate, is in the best interests of
the Class Members and should be approved, especially in light of the benefits
to the Class Members accruing therefrom, the substantial discovery and
investigation conducted by Counsel prior to the proposed Settlement, and the
complexity, expense, risks, and probable protracted duration of further
litigation.

4.

The Settlement is hereby approved in accordance with Section 216 of the Fair
Labor Standards Act and shall be consummated in accordance with its terms.

5.

The service award to the Named Plaintiff as set forth in the Settlement is
hereby approved in accordance with the terms of the Settlement.

6.

Class Counsel’s attorneys’ fees and expenses in the amounts set forth in the
Settlement are hereby approved.

7.

Without affecting the finality of this Order of Approval, this Court retains
exclusive jurisdiction over the consummation, performance, administration,
effectuation, and enforcement of this Order of Approval. In addition, without
affecting the finality of this Order of Approval, this Court retains jurisdiction
over Defendant, the Named Plaintiff, and each Driver for the purpose of
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enabling any of them to apply to the Court for such further orders and
directions as may be necessary or appropriate for the construction and
implementation of the terms of the Settlement and this Order of Approval.
8.

This Action is hereby DISMISSED in its entirety, on the merits, as against
Defendant WITH PREJUDICE, and without costs to any party, except to the
extent otherwise expressly provided in the Settlement. This Court intends this
Order of Approval to be “Final” within the meaning of the Federal Rules of
Civil Procedure and the Federal Rules of Appellate Procedure.

IT IS SO ORDERED.
DATED: March

26

, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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