Davis et al v. Four Seasons Hotel Limited

Filing 234

ORDER Granting Final Approval of Class Action Settlement. Signed by JUDGE HELEN GILLMOR on 5/15/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
DARYL DEAN DAVIS; MARK
APANA; ELIZABETH VALDEZ
KYNE; EARL TANAKA; THOMAS
PERRYMAN; DEBORAH SCARFONE;
on behalf of themselves and
all others similarly
situated,
Plaintiffs,
vs.
FOUR SEASONS HOTEL LIMITED,
dba FOUR SEASONS RESORT,
MAUI and FOUR SEASONS
RESORT, HUALALAI,
Defendants.

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Civ. No. 08-00525 HG-BMK

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

On February 12, 2014, the Court issued an Order
Preliminarily Approving Class Action Settlement Agreement,
Approving Form of Notice, and Scheduling Final Approval
Hearing.

(ECF No. 226).

On April 3, 2014 and April 4, 2014, the Court conducted a
Final Approval Hearing.

The Court, having considered

Plaintiffs’ Motion for Final Approval of Class Action
Settlement (ECF Nos. 229, 231), finds that the Settlement is
fair, reasonable, and adequate.

Fed. R. Civ. P. 23(e)(2);

Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1291 (9th
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Cir. 1992).
The Settlement was the product of arms-length
negotiations before a mediator.

The Settlement allows the

class to avoid further risks and delays to the more than 5
years of litigation in this case.

The Parties participated in

extensive discovery, including a certified question to the
Hawaii Supreme Court.
The $4,000,000 Settlement is substantial and will allow
class members to receive their actual monetary damages plus
interest.
The class members reacted positively to the Settlement.
Sufficient notice was made to afford class members the
opportunity to opt-out or object to the Settlement.

No class

member or other party objected to the Settlement.
Defendant provided Notice to the appropriate State and
Federal Officials pursuant to 28 U.S.C. § 1715.
The Court hereby GRANTS the Motion for Final Approval of
Class Action Settlement and orders as follows:

1.

The Settlement is approved pursuant to Fed. R. Civ.
P. 23(e);

2.

The requested attorneys’ fees of $1,333,330, which
totals one-third of the Settlement amount, is
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approved;
3.

The requested incentive payments for each of the
lead Plaintiffs in the amount of $25,000 is
approved;

4.

The Parties are directed to implement the terms of
the Settlement; and,

5.

Plaintiffs’ counsel are directed, pursuant to the
Settlement, to make additional reasonable efforts to
contact any class members who did not submit a claim
form in response to the mailed Notices whose claim
exceeds $200.

The case is hereby DISMISSED WITH PREJUDICE.

All Parties

shall bear their own costs, and the Parties to the Settlement
waive all rights to appeal.

IT IS APPROVED AND SO ORDERED.
DATED:

Honolulu, Hawaii, May 15, 2014.

/s/ Helen Gillmor
Helen Gillmor
United States District Judge

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