Marcaurel et al v. USA Waste-Management Resources, LLC et al

Filing 72

ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING NOTICE PROGRAM: IT IS HEREBY ORDERED, DECREED, AND ADJUDGED AS FOLLOWS: 1. Terms and phrases in this order shall have the same meaning as set forth in the Settlement Agreement. 2. The Court has jurisdiction over the subject matter of the Action, the Plaintiffs, the Settlement Class Members, and WM, and venue is proper in this District. As further set forth in this Order. The Court also preliminarily finds that the Settlement Agreement: (a) is the result of arm's-length negotiations involving experienced counsel familiar with the legal and factual issues of this case and made with the assistance of JAMS mediator Bruce Friedman; as further set forth in this Order. A "Final Approval Hearing" shall be held before this Court on March 15, 2024 at 10:00 am in-person at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007-1312, courtroom 18 B, to consider: as further set forth in this Order. The Court thus hereby approves the Notice Program, including the proposed Notice documents filed on November 9, 2023. As further set forth in this order. In the event that this Settlement Agr eement is terminated pursuant to its terms, disapproved by any court (including any appellate court), and/or not consummated for any reason, or the Effective Date for any reason does not occur, the order certifying the Settlement Class for purposes of effectuating the Settlement, and all preliminary and/or final findings regarding that class certification order, shall be automatically vacated upon notice of the same to the Court, the Action shall proceed as though the Settlement Class had ne ver been certified pursuant to this Settlement Agreement and such findings had never been made, and the Action shall return to the procedural posture on November 15, 2023 as further set forth in this order. IT IS ORDERED. (Signed by Judge Denise L. Cote on 11/15/2023) ( Status Conference set for 3/15/2024 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (ks)