Shaw v. Interthinx, Inc. et al

Filing 248

FINAL JUDGMENT by Clerk re: 247 Order Granting Plaintiffs' Unopposed Motion for Final Approval of Class and Collective Action Settlement and Plaintiffs Unopposed Motion for Approval of Attorneys Fees, Expenses, and Incentive Awards. By Clerk on 4/22/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01229-REB-NYW
CELESTE SHAW;
JUDITH VERHEECKE;
SHABNAM SHEILA DEHDASHTIAN;
MEDHAT GAREEB; AND
DEJAN NAGL on behalf of themselves and all others similarly situated
Plaintiffs
v.
INTERTHINX, INC.,a California Corporation; and
VERISK ANALYTICS, INC., a Delaware Corporation
Defendants

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Order Granting Plaintiffs' Unopposed Motion for Final
Approval of Class and Collective Action Settlement and Plaintiffs’ Unopposed
Motion for Approval of Attorneys’ Fees, Expenses, and Incentive Awards [#247] of
Judge Robert E. Blackburn entered on April 22, 2015 it is
ORDERED that the court finds that the Settlement is fair, reasonable, and
adequate to the Class Members and meets the prerequisites for a class action under
Fed. R. Civ. P. 23 and a collective action under 29 U.S.C. § 216;
1. That the Settlement Classes are finally certified for settlement purposes only;
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2. That in accordance with Fed. R. Civ. P. 23, 29 U.S.C. § 216(b), and the
requirements of due process, all Class Members have been given proper and adequate
notice of the Settlement. Based on the evidence submitted by the parties, the
Settlement, the arguments of counsel, and all the files, records, and proceedings in this
case, the court finds that the notice and notice plan implemented pursuant to the
Settlement and the court's order preliminarily approving the Settlement (a) constituted
the best practicable notice under the circumstances; (b) constituted notice that was
reasonably calculated,under the circumstances, to apprise members of the class
members of the pendency of the litigation, their right to object to the Settlement, and
their right to appear at the fairness hearing; (c) were reasonable and constituted due,
adequate, and sufficient notice to all persons entitled to notice; and (d) met all
applicable requirements of Fed. R. Civ. P. 23, and any other applicable law. It is
FURTHER ORDERED that Class Counsel are awarded attorney fees in the
requested amount of $2,000,000 and litigation expenses in the requested amount of
$62,388.58;
1. That Named Plaintiffs are awarded incentive payments in the requested
amount of $10,000 each and Deposed Opt-in Plaintiffs are awarded incentive payments
in the requested amount of $2,500;
2. That the payment of the Settlement funds in accordance with the Settlement
and the above awards is approved;
3. That Defendants will deposit the settlement funds into an interest-bearing
account, through the settlement administrator, within fifteen (15) business days of the
date of this Order;
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4. That based on the entry of the Order [#247], and pursuant to Fed. R. App. P.
4, interested parties have thirty (30) days to file an appeal of this Order, and if no
appeal is timely filed, the settlement administrator shall transmit class counsel's attorney
fees and costs to each class counsel in the amount agreed on by them as soon as
practicable, but no later than fourteen (14) calendar days, after the period to timely
appeal expires;
5. That final judgment is entered with respect to all released claims of the class
members. That without affecting the finality of this judgment in any way, this Court
retains jurisdiction over (a) implementation of the Settlement; (b) distribution of the
Settlement proceeds, the incentive awards, and the attorneys' fees and expenses; and
(c) all other proceedings related to the implementation and interpretation; and
6. That on Defendants' payment of the entire Settlement amount to the
Settlement Administrator or within thirty (30) days after the date of the Order [#247],
whichever is earlier, this case shall be dismissed with prejudice with each party to bear
its own costs and attorney fees, except as otherwise provided in this Order.

Dated at Denver, Colorado this 22nd day of April, 2015.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

A. Lowe
A. Lowe
Deputy Clerk

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