Abla v. Brinker Restaurant Corporation et al

Filing 42

Judge Joseph L. Tauro: ORDER entered. After a Fairness Hearing on 11/9/2011, concerning the terms and conditions of the partial class action settlement as reflected in the Settlemernt Agreement and General Release [39-1] this court hereby orders that Plaintiffs' Assented to Motion for Approval of Class Action settlement for Massachusetts subclass 41 is ALLOWED. IT IS SO ORDERED (See ORDER for Details ). (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ABDEL ABLA and ERWIN AGUILAR,
on behalf of themselves
and all others similarly situated,
Plaintiffs,
v.
BRINKER RESTAURANT CORPORATION
and BRINKER INTERNATIONAL, INC.,
d/b/a MAGGIANO’S LITTLE ITALY,
Defendants.

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Civil Action No. 1:10-10373-JLT

ORDER
November 10, 2011
TAURO, J.
After a fairness hearing on November 9, 2011, concerning the terms and conditions of the
partial class action settlement as reflected in the Settlement Agreement and General Release [#391] this court hereby orders that Plaintiffs’ Assented to Motion for Approval of Class Action
Settlement for Massachusetts Subclass [#41] is ALLOWED:
1.

Pursuant to Federal Rule of Civil Procedure 23, this court certifies the
Massachusetts Subclass for settlement purposes as follows: all persons who
worked as wait staff members, including but not limited to servers, bussers, service
bartenders and banquet captains, during banquet events at the Maggiano’s Little
Italy Restaurant in Boston, Massachusetts for all or part of the period from March
1, 2004 to November 30, 2010, and who did not file a timely request for exclusion
in this action.

2.

This court appoints the Named Plaintiffs as Class Representatives for the
Massachusetts Subclass, and Shannon Liss-Riordan, Esq. and Hillary Schwab, Esq.
of Lichten & Liss-Riordan, P.C. as Class Counsel.

3.

This court hereby finds that the Settlement Agreement [#39-1] is fair, reasonable,
and adequate to the Massachusetts Subclass under Federal Rule of Civil Procedure
23, and hereby finally and unconditionally approves the Settlement Agreement and
directs the parties to perform the full terms of the Settlement Agreement. The full
terms of the Settlement Agreement [#39-1] are hereby incorporated into this order.

4.

This court finds that the notice given to the members of the Massachusetts
Subclass satisfied the requirements of Federal Rule of Civil Procedure 23 and due
process.

5.

This court dismisses on the merits, with prejudice in favor of Defendandts and the
Releasees and against all members of the Massachusetts Subclass all released
claims.

6.

All members of the Massachusetts Subclass who have not opted out of this
settlement are permanently barred and enjoined from instituting, maintaining,
prosecuting or enforcing any and all Prohibited Actions, as defined in Paragraph
1(1) of the Settlement Agreement against any and all Releasees.

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7.

Upon entry of this Order, Defendants and all Releasees are expressly and
irrevocably, fully and finally, released and forever discharged from all Released
Claims, and all releases, agreements, and understandings set forth in the Settlement
Agreement are hereby given full force and effect.

8.

This court reserves and retains continuing and exclusive jurisdiction over all
matters relating to enforcement of the terms of the Settlement Agreement. If this
Order is reversed or overturned on appeal then the parties to this action shall be
restored to their respective positions existing as of the date of execution of the
Settlement Agreement.

9.

Each party to the settlement shall bear its own costs and expenses except as
otherwise directed in the Settlement Agreement.

10.

The terms of the Settlement Agreement will remain binding upon the parties to
that agreement who are directed to implement its provisions.

11.

Pursuant to the provisions of 28 U.S.C. § 1715(d), this Order shall not be effective
until December 25, 2011.

12.

If no Massachusetts Subclass Member objects to the settlement, the Effective Date
shall be twenty days from Final Approval. Otherwise, as set forth in the
Settlement Agreement, the effective date of the Settlement shall be the first
business day following the date the court’s final approval of the settlement is
finally affirmed on appeal and/or is no longer subject to appeal or certiorari, and
the time for any petition for reargument, appeal, or review, by certiorari or

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otherwise, has expired. No sooner that thirty days from December 25, 2011.
IT IS SO ORDERED.
/s/ Joseph L. Tauro
United States District Judge

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