Green et al v. Drake Beam Morin, Inc.

Filing 121

JUDGMENT by Clerk re: 120 Order, by Clerk on 5/1/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01063-REB-CBS
JOHN GREEN, and
ELIZABETH ENRIGHT, individually and on behalf of others similarly situated,
Plaintiffs,
v.
DRAKE BEAM MORIN, INC.,
Defendant.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order of Final Approval of Settlement Agreement and for Entry
of Final Judgment [#120] entered by Judge Robert E. Blackburn on April 30, 2013,
which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That final approval of the proposed Settlement Agreement is GRANTED;
2. That the Settlement Agreement is APPROVED as fair, adequate and
reasonable;
3. That the allocation of settlement payments set forth in the Settlement
Agreement is APPROVED, and defendant is DIRECTED to implement its payment
obligations under the Settlement Agreement;
4. That JUDGMENT IS ENTERED in accordance with the parties’ Settlement
Agreement, and the settling parties are directed to perform and execute their respective

obligations under the Settlement Agreement as approved by the order for final judgment
and otherwise consistent therewith;
5. That all claims asserted against defendant in this action in the Complaint,
except for claims under the Fair Labor Standards Act (“FLSA”), including, without
limitation, the above pending proceedings, are DISMISSED WITH PREJUDICE;
6. That the FLSA claims against defendant in this action, including, without
limitation, the above pending proceedings in this collective action, are hereby
DISMISSED WITH PREJUDICE as to all Class Representatives and each Class
Member who opted-in through the submission a Claim Form and Release;
7. That the named plaintiffs and all Class Members are hereby DEEMED to fully
and unconditionally waive and release any and all Released Claims (as that term is
defined in the Settlement Agreement) against any and all Released Parties (as that term
is defined in the Settlement Agreement), as more fully set forth in the Settlement
Agreement;
8. That the attorney fees, costs, expenses, and service payments set forth in the
Settlement Agreement, are APPROVED; and defendant is hereby ORDERED to make
payments in accordance with and subject to the terms of the Settlement Agreement; and
9. That without affecting the finality of the order in any way, the court hereby
RETAINS continuing jurisdiction as contemplated by the Settlement Agreement.
DATED at Denver, Colorado, this 1st day of May, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk