Murphy et al v. Lenderlive Network Inc

Filing 169

ORDER GRANTING FINAL APPROVAL OF THE WARN SETTLEMENT AND APPROVAL OF ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS. By Judge R. Brooke Jackson on 09/02/2015. (athom, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

DOROTHY MURPHY and HEATHER
CREAZZO, on behalf of themselves and all others
similarly situated,
Plaintiffs.
v.

Case No.: 13 Civ. 3135 (RBJ)

LENDERLIVE NETWORK, INC.,
Defendant.

ORDER GRANTING FINAL APPROVAL OF THE WARN SETTLEMENT AND
APPROVAL OF ATTORNEYS’ FEES,
REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS
This matter came before the Court on Plaintiffs’ Motion for Certification of the WARN
Class, Final Approval of the WARN Settlement, and Approval of Attorneys’ Fees,
Reimbursement of Expenses, and Service Awards (“Motion for Final Approval”). Defendant
agreed, for settlement purposes only, not to oppose the motion. The Court held a final fairness
hearing on July 16, 2015.
1.

Based upon the Court’s review of the Plaintiffs’ Memorandum of Law in Support

of their Motion for Final Approval, the Declaration of Jack A. Raisner, Esq. (“Raisner Decl.”),
and all other papers submitted in connection with Plaintiffs’ Motion for Final Approval, the
Court grants final approval of the settlement memorialized in the Settlement Agreement and
Release (“Settlement Agreement”) between Plaintiffs Dorothy Murphy and Heather Creazzo
(together, “Plaintiffs”) and Defendant LenderLive Network, Inc. (“Defendant” or “LenderLive”),
attached to the Raisner Decl. as Exhibit A, and “so orders” all of its terms.

2.

The Court previously certified the WARN Class and appointed Outten & Golden

LLP (“O&G”) as Class Counsel on October 22, 2015. The Court granted preliminary approval
of the WARN Settlement on June 2, 2015 and set July 16, 2015 for the final fairness hearing.
3.

The Court grants final approval of the WARN Settlement, finding it fair,

reasonable and adequate and in the best interests of the Class.
4.

O&G are experienced class action employment lawyers with good reputations

among the employment law bar. The Court grants Plaintiffs’ Motion for Attorneys’ Fees and
awards Class Counsel $100,000, which is one-third of the amount allocated to the WARN Act
portion of the total settlement fund, plus $5,406.55 in costs and expenses reasonably expended
litigating and resolving the lawsuit. The fee award is justified by the work that Class Counsel
did negotiating the settlement and conducting the litigation, by the ultimate recovery, and by the
risk that Class Counsel undertook in bringing the claims. These amounts shall be paid from the
settlement fund.
5.

The Court finds reasonable the service awards for Dorothy Murphy and Heather

Creazzo in the total amount of $5,000 each in recognition of the services they rendered on behalf
of the WARN class. These amounts shall be paid from the settlement fund.
6.

If no party appeals this Order, the “WARN Effective Date” of the settlement will

be 30 days after the Order granting approval of the WARN settlement is entered. If an
individual or party appeals the Order granting final approval of the WARN settlement, the
“Effective Date” of the Settlement will be the date of the Court’s entry of a final order and
judgment with respect to the WARN claims after resolving any appeals.

7.

The Claims Administrator will disburse settlement checks to WARN Class

Members, Court-approved attorneys’ fees and costs, and Court-approved service awards within
10 days of the WARN Effective Date.
8.

The Court will retain jurisdiction over the interpretation and implementation of

the Settlement Agreement.
9.

The parties shall abide by all terms of the Settlement Agreement.
It is so ORDERED this 2nd day of September, 2015.

R. Brooke Jackson
United States District Judge