Christopher Zyda, et al v. Four Seasons Hotels and Resorts, et al

Filing 354

ORDER DISMISSING CASE WITH PREJUDICE - Signed by JUDGE LESLIE E. KOBAYASHI on 3/15/2021. Based on the 4/1/20 Order and the terms of the parties' settlement, all remaining claims in this case are HEREBY DISMISSED WITH PREJUDICE. The Clerk's Office is therefore DIRECTED to close the case immediately. (emt, )

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UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
CHRISTOPHER ZYDA, ON BEHALF OF
HIMSELF AND ALL OTHER SIMILARLY
SITUATED,

CIV. NO. 16-00591 LEK-RT

Plaintiffs,
vs.
FOUR SEASONS HOTELS AND RESORTS,
FOUR SEASONS HOLDINGS, INC.,
FOUR SEASONS HUALALAI RESORT,
HUALALAI RESIDENTIAL, LLC,
HUALALAI INVESTORS, LLC,
KAUPULEHU MAKAI VENTURE,
HUALALAI DEVELOPMENT COMPANY,
HUALALAI VILLAS & HOMES,
HUALALAI INVESTORS, LLC,
HUALALAI RENTAL MANAGEMENT, LLC,
DOES 1-100, FOUR SEASONS HOTELS
LIMITED,
Defendants,
JAMES R. MAHONEY, ANN MARIE
MAHONEY, JUDITH RUNSTAD, H. JON
RUNSTAD, JONATHAN SEYBOLD,
PATRICIA SEYBOD, DAVID KEYES,
DOREEN KEYES, JULIE WRIGLEY,
KEVIN REEDY, LYNN REEDY, BRADLEY
CHIPPS, and J. ORIN EDSON,
Intervenors.
ORDER DISMISSING CASE WITH PREJUDICE
On January 30, 2020, Plaintiff Christopher Zyda, on
behalf of himself and all others similarly situated
(collectively “Class Plaintiffs”), filed the Motion for Final

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Approval of Class Action Settlement (“Final Approval Motion”).
[Dkt. no. 345.]

A final fairness hearing was held on March 6,

2020, [Minutes, filed 3/6/20 (dkt. no. 346),] and the Order
Granting Class Plaintiffs’ Motion for Final Approval of Class
Action Settlement was issued on April 1, 2020 (“4/1/20 Order”),
[dkt. no. 352].
On March 5, 2021, an entering order was issued
(“3/5/21 EO”) in which this Court noted that, since the 4/1/20
Order, the parties have not filed any further documents in this
case, nor have they submitted a stipulation to dismiss for this
Court’s approval.

[Dkt. no. 353.]

The 3/5/21 EO informed the

parties that all remaining claims in this case would be
dismissed, pursuant to the parties’ settlement, and the case
would be closed, unless a status letter was filed explaining why
the case should be dismissed.

No party submitted a status

letter in response to the 3/5/21 EO.
The parties’ settlement agreement provided that all
remaining claims and parties were to be dismissed with
prejudice.

See Mem. in Supp. of Final Approval Motion, Exh. 1

(Settlement and Release Agreement) at 4.1

Based on the 4/1/20

Order and the terms of the parties’ settlement, all remaining

Exhibit 1 is an unexecuted version of the agreement, but
no party has contested the Class Plaintiffs’ representation that
Exhibit 1 is an accurate representation of the terms of the
parties’ settlement.
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claims in this case are HEREBY DISMISSED WITH PREJUDICE.

The

Clerk’s Office is therefore DIRECTED to close the case
immediately.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, March 15, 2021.

/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

CHRISTOPHER ZYDA, ET AL. VS. FOUR SEASONS HOTELS AND RESORTS, ET
AL.; CV 16-00591 LEK-RT; ORDER DISMISSING CASE WITH PREJUDICE

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