Disability Rights Mississippi v. Lauderdale County, Mississippi

Filing 22

ORDER GRANTING APPROVAL OF SETTLEMENT AGREEMENT and DISMISSING CASE without prejudice. Signed by District Judge Tom S. Lee on 6/3/10.(RRL)

THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION ____________________________________ ) E.W., by and through her next friend, ) Kendra Watts; J.A., by and through her ) next friend, Linda Alford; C.M., by and ) through his next friend, Lena Clark; on ) behalf of themselves and all persons ) similarly situated; DISABILITY RIGHTS ) MISSISSIPPI, ) ) Plaintiffs, ) ) Case No. 4:09 CV 137 TSL-LRA v. ) ) LAUDERDALE COUNTY, MISSISSIPPI, ) ) Defendant. ) ____________________________________) ORDER GRANTING APPROVAL OF SETTLEMENT AGREEMENT AND ORDERING OF DISMISSAL WITHOUT PREJUDICE Upon consideration of the Parties' Joint Motion requesting approval of their proposed Settlement Agreement and dismissal of this matter without prejudice, it is hereby ordered that the motion is GRANTED. The Court finds that the parties have met the requirements of Fed. R. Civ. P. 23, and that the proposed settlement is a product of serious, informed, non-collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the class, and falls within the range of possible relief. Approval of this Agreement will spare both the Court and the parties from expensive and protracted litigation. Reed v. General Motors Corp., 703 F.2d 170, 172 (5th Cir. 1983). Further, the agreement does not adversely affect the rights of putative class members to bring individual legal actions against the Defendant. Each future class member will be informed of his or her

right to opt of out the enforcement and monitoring of the Settlement Agreement. Approval of the proposed Settlement Agreement is therefore GRANTED. This matter is therefore DISMISSED WITHOUT PREJUDICE. This 3rd day of June, 2010.

/s/Tom S. Lee UNITED STATES DISTRICT JUDGE