Matthews v. Holmes Tours & Transportation Services, Inc. et al
Filing
65
ORDER granting 64 Motion for Consent Judgment. Signed by District Judge Sharion Aycock on 6/25/2014. (psk)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
MESHEAL MATTHEWS, et al,
Plaintiffs,
vs.
CASE NO.: 1:11CV33-SA-JAD
HOLMES TOURS &
TRANSPORTATION SERVICES, INC.,
et al,
Defendants.
/
ORDER ON JOINT MOTION FOR CONSENT DECREE AND
CONSENT JUDGMENT AGAINST DEFENDANTS HOLMES
TOURS & TRANSPORTATION, SERVICES, INC. AND ADAM HOLMES
THIS CAUSE having come before the Court on the parties’ Joint Motion
Consent Decree and Consent Judgment Against Defendants, and the Court having
reviewed the Motion, the pertinent portions of the record, and the parties’
settlement agreements, and being otherwise fully advised in the premises, the
Court finds that the terms of the agreement are fair and reasonable. Accordingly, it
is hereby:
ORDERED and ADJUDGED that,
1.
The Joint Motion for Consent Decree and Consent Judgment is
GRANTED.
2.
I find that the Parties’ settlement is lawful, fair, just, reasonable, and
adequate and was reached after good faith, arm’s-length negotiations
by experienced and capable class counsel in the absence of fraud or
collusion.
3.
During the negotiation, the Parties considered, among other things:
the amount of the settlement; the cost, complexity, and duration of the
litigation if pursued through trial; the likelihood of the Plaintiffs
prevailing on the merits; the range of possible discovery and certainty
of damages; the further disruption to the business activities of the
Defendants; the limited assets of the Defendants, and; other matters
bearing on the best interests of the parties.
4.
The above-captioned case, Mesheal Matthews v. Holmes Tours &
Transportation Services, Inc., et al, is hereby DISMISSED with
Prejudice.
5.
This Court retains jurisdiction to vacate this Order and to reopen this
action upon cause shown that settlement has not been completed and
further litigation is necessary.
6.
The Clerk is Ordered to enter judgment enter judgment in favor
of Plaintiff against Holmes Tours and Transportation Services, Inc. for
one hundred thousand and 0/100 dollars ($100,000.00) and against
Adam Holmes, individually in the amount of five thousand and 0/100
dollars ($5,000.00).
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DONE and ORDERED in Chambers, United States District Court, Northern
District of Mississippi, this 25th day of June, 2014.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE
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