Medina et al v. Afterhours Clubwear LLC et al

Filing 36

JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE re Settlement Agreement. Signed by Judge Richard F. Boulware, II on 10/22/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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OGONNA M. ATAMOH, ESQ.
Nevada Bar No. 7589
E-mail: [e-mail]
F. THOMAS EDWARDS, ESQ.
Nevada Bar No. 9549
E-mail: [e-mail]
HOLLEY, DRIGGS, WALCH,
PUZEY & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone:
702/791-0308

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RAFAEL MEDINA, an individual; LAURA
BAUTISTA, an individual; PAOLA
HERNANDEZ, an individual; ARTAK
CASE NO.: 2:14-cv-00416-RCJ-NJK
MALKHASYAN, an individual; REINA
LOPEZ, an individual; MYKHAILO GUMIN, an JUDGMENT AND ORDER OF
individual; on behalf of themselves and all
DISMISSAL WITH PREJUDICE
persons similarly situated,
State Court Case No. A-14-694038-C
Plaintiffs,
v.
AFTERHOURS CLUBWEAR, LLC;
AFTERHOURS HARMON CORNER INC.;
NIGHTLIFE, LLC; BODY ART, INC.; PRINT
FACTORY, LLC; SIN CITY 1, LLC; PINCHAS
BABAYOFF, an individual; STEPHANE
KRIEF, an individual; EIDAN BEREBY, an
individual; DOES I-X and ROE
CORPORATIONS I-X, inclusive,

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Defendants.
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A.

Plaintiffs and Defendants (collectively, the “Parties”) have entered into a

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Settlement of the claims asserted in the above-captioned action, the terms of which are set forth
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in a Settlement Agreement dated June 17, 2014 (the “Settlement Agreement”);

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B.

The Court reviewed the pleadings and determined whether the proposed

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Settlement of the Case on the terms and conditions provided in the Settlement Agreement is fair,
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reasonable and adequate and should be approved by the Court, and whether a Final Judgment as

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provided in the Settlement Agreement should be entered; and

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C.

The Court, having considered all matters submitted to the Court in connection

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with the Settlement Agreement, along with all prior submissions by the Parties to the Settlement

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and others, and otherwise having determined the fairness and reasonableness of the proposed

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Settlement;

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NOW, THEREFORE, IT IS HEREBY ORDERED:

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1.

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This Order incorporates by reference the definitions in the Settlement Agreement,

and all terms used herein shall have the same meanings as set forth in the Settlement Agreement.
2.

This Court finds that it has jurisdiction over the subject matter of the Litigation,

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including the terms and conditions of the Settlement Agreement and all exhibits thereto, and over

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all Parties to the Litigation.

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3.

The Court finds that the terms and provisions of the Settlement Agreement were

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negotiated by the Parties at arm’s-length, entered into by the Parties in good faith and are hereby

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fully and finally approved as fair, reasonable, and adequate as to, and in the best interests of,

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each of the Parties, and consistent and in compliance with all applicable requirements of the

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Federal Rules of Civil Procedure, the United States Constitution (including the Due Process

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Clause), the Rules of this Court, and any other applicable law. The Parties and their counsel are

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hereby directed to implement and consummate the Settlement Agreement according to its terms

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and provisions. The Court specifically finds that the Settlement of the above-captioned case is

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fair, reasonable and adequate, considering, inter alia, the strengths and weaknesses of Plaintiffs’

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case; the risk, expense, complexity and likely duration of further litigation; the risk of securing

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and maintaining class status through trial; the amount of the Settlement; the extent of discovery

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completed.

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4.

Plaintiffs are bound by the Settlement Agreement and by this Final Judgment and

Order of Dismissal.

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5.

The Litigation is hereby dismissed on the merits and with prejudice. The Parties

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and all persons and entities are to bear their own costs, except as otherwise provided in the

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Settlement Agreement or this Final Judgment.

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6.

The Plaintiffs, on behalf of themselves, their past, present and future heirs,

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executors, administrators and personal representatives, do, as of the Settlement Effective Date,

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hereby irrevocably release, acquit, and forever discharge Defendants of and from any and all

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claims, rights, penalties, demands, damages, debts, accounts, duties, costs and expenses (other

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than those costs and expenses required to be paid pursuant to this Agreement), liens, charges,

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complaints, causes of action, obligations, or liability, for all claims that they brought or could

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have brought in their own right or on a representative basis, that the Plaintiffs directly, indirectly,

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derivatively, or in any other capacity ever had, now have or hereafter may have that were

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asserted in the Litigation or that could have been asserted but were not asserted in the Litigation,

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whether known or unknown, arising out of the alleged underpayment of employee wages.

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7.

This release also includes a release of all claims for attorneys’ fees, costs and/or

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expenses and costs incurred by any of Plaintiffs or by Plaintiffs’ Counsel in connection with the

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Litigation and the Settlement of the Litigation, other than the Attorneys’ Fees and Costs awarded

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by the Court in accordance with the Settlement Agreement.

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8.

With respect to the Plaintiffs, this release is a full and final general release

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applying to both those claims released in the Settlement Agreement that are currently known,

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anticipated, or disclosed to Plaintiffs and to all such claims that are presently unknown,

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unanticipated, and undisclosed to any and all Plaintiffs arising out of the alleged facts,

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circumstances, and occurrences underlying: (i) the claims set forth in the Litigation; and

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(ii) Defendant’s conduct with respect to the Litigation.

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9.

The terms and provisions of the Settlement Agreement and of this Final Judgment

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are binding on Plaintiffs, and they are hereby permanently barred and enjoined from

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commencing any action, suit, arbitration or administrative proceeding, or prosecuting any

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pending action, suit, arbitration or administrative proceeding, in law or in equity, asserting any of

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the released claims against Defendants. In the event that any Plaintiff commences or continues

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any such action, suit, arbitration or administrative proceeding, Defendant shall be entitled to seek

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an order from the Court enjoining the continuation of such action, suit, arbitration or

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administrative proceeding.

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10.

The Court finds that during the course of the Litigation, the Parties and their

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respective counsel at all times complied with the requirements of Rule 11 of the Federal Rules of

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Civil Procedure.

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11.

a.

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If the Settlement Effective Date does not occur, then:
this Final Judgment and any order or judgment entered after the date of the

Settlement Agreement that relates to this Settlement shall be null and void and shall have no
force or effect;
b.

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the Settlement Agreement, all of its provisions, and all negotiations,

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statements, documents and proceedings relating to it shall be without prejudice to the rights of

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Defendants or Plaintiffs, all of whom shall be restored to their respective positions vis-a-vis each

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other as they existed immediately before the execution of the Settlement Agreement;
c.

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neither the Settlement Agreement, nor the fact of its having been made,

nor any of the Independent Fiduciary.
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Nothing in this Final Judgment shall preclude or bar any action or claim to

enforce the terms of the Settlement Agreement as approved by the Court or this Final Judgment.
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The award for attorney’s fees to Plaintiffs’ Counsel set forth below is reasonable

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as measured by applicable factors set forth in Staton v. Boeing, Co., 327 F.3d 938, 959 (9th Cir.

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2003). The Court specifically finds that the award of attorneys’ fees is reasonable, considering,

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inter alia, the exceptional result achieved on behalf of Plaintiffs; the complexity of the issues in

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the Case; the risk of recovery in the absence of the Settlement; the results obtained and the

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amounts recovered on behalf of Plaintiffs; the time and labor required; the novelty and difficulty

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of the issues involved; the skill required by Plaintiffs’ Counsel and the quality of Plaintiffs’

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Counsel’s work; the preclusion of other work for Plaintiffs’ Counsel as a result of their

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prosecution of the Case; the customary fee awarded in similar cases; the fact that Plaintiffs’

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Counsel worked on a contingent fee basis; the time limits imposed by the circumstances of the

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Case; the experience, reputation and ability of Plaintiffs’ Counsel; the undesirability of

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prosecuting the Case; and the lack of objection to the fee request on the part of Plaintiffs.

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The award of attorneys’ fees set forth below represents a reasonable percentage of

the proceeds of the Settlement given the facts and proceedings in the Litigation.
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Accordingly, Plaintiffs’ Counsel are awarded Thirty-Three Thousand Eight

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Hundred Thirty-Three Dollars and 33/100 cents ($33,833.33) in attorneys’ fees and costs,

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consisting of attorneys’ fees of approximately Thirty-Three Thousand Three Hundred Thirty-

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Three Dollars and 33/100 cents ($33,333.33), representing 33% of the Settlement.

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Plaintiffs’ Counsel are awarded reimbursement of expenses in the aggregate

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amount of Five Hundred Dollars and 00/100 cents ($500.00), which shall be paid out of the

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Settlement Consideration.

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These expenses are fair, reasonable and were necessarily incurred in connection

with the prosecution and resolution of this litigation.
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Based upon the evidence and pleadings submitted to the Court, the Court hereby

finds that this award is fair and reasonable under the circumstances.
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The Court hereby retains and reserves jurisdiction over all matters relating to the

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administration, consummation, enforcement, and interpretation of the Settlement Agreement, and

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for any other necessary purpose, and pursuant to further Orders of this Court.

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IT IS SO ORDERED.
IT IS SO ORDERED this __________ day of ________________, 2014.
_________________________
RICHARD F. BOULWARE, II
United States District Judge
DATED this 22nd day of October, 2014.
United States District Judge
Prepared and Submitted by:
HOLLEY, DRIGGS, WALCH,
PUZEY & THOMPSON

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/s/ F. Thomas Edwards
OGONNA M. ATAMOH, ESQ. (NBN 7589)
F. THOMAS EDWARDS, ESQ. (NBN 9549)
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Attorneys for Defendants

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