Peni v. Daily Harvest, Inc.

Filing 138

FINAL JUDGMENT: The Court HEREBY ORDERS and MAKES DETERMINATIONS as follows: 1. Incorporation of Other Documents. The Class Action Settlement Agreement, including its exhibits, and the definitions of words and terms contained therein are incorpora ted by reference in this Order. The terms of this Court's Preliminary Approval Order are also incorporated by reference in this Order. This Court has jurisdiction over the subject matter of this Action and over the Parties, including all me mbers of the following Settlement Class certified for settlement purposes in this Court's Preliminary Approval Order pursuant to Fed. R. Civ. P. 23(b )(3), AS FURTHER SET FORTH HEREIN. The Court finds that the Settlement Class, as defined abo ve, meets the requirements for class certification for settlement purposes under Fed. R. Civ. P. 23(a) and (b )(3 ), and it is hereby ordered that the Class is certified for settlement purposes, AS FURTHER SET FORTH HEREIN. The Court finds tha t the proposed Settlement is fair, reasonable, and adequate based on the value of the Settlement, and the relative risks and benefits of further litigation. The Settlement was arrived at after sufficient investigation and discovery and was based on arms-length negotiations, including mediations. The notice provisions of the Class Action Fairness Act, 28 U.S.C. § 1715, have been satisfied. The Court finds that the approved Notice Plan has been satisfactorily implemented. The Court f inds that distribution of the Notice in the manner set forth in the Settlement Agreement constituted valid, AS FURTHER SET FORTH HEREIN. Whereas the Settlement Agreement provides monetary benefits and other consideration to the Settlement Class a s follows: Settling Defendants agreed to provide cash benefits with a gross payout value of$22,999,000 (twenty-two million, nine hundred and ninety-nine thousand dollars) in the aggregate plus the assignment of the Settling Defendants' an d the Settling Insurers' indemnity claims against the Non-Settling Defendants. $1,000,000.00 of the cash benefit was held back by the Settling Defendants, pursuant to the terms of the Settlement Agreement, based on the amount the Settling Defendants reserved for the claims of Class Members who opted out of the Settlement. The balance of any Hold Back Amount shall be deposited into the Settlement Fund after the Settling Defendants litigate to conclusion or otherwise resolve the cla ims of those who have opted out of the Settlement, or after two years from the date of this Final Judgment, whichever is sooner. In the event the Settlement Class recovers on the assigned indemnity claims against the Non-Settling Defendants, the n et recovery shall also be deposited into the Settlement Fund. The Court finds that the settlement treats Settlement Class Members equitablyrelative to one another. The net Settlement Funds will be distributed to Class Members who file a Claim Form and meet the Eligibility Requirements for the payment of a Monetary Benefit. Each Claim Form shall be evaluated by the Settlement Administrator pursuant to the Allocation Matrix to determine the amount of the Monetary Benefit award. Neither Clas s Counsel nor any other attorney representing a Settlement Class Member or an individual who opts out shall be entitled to an award of attorney's fees directly from the Settlement Fund. Neither the Settling Defendants nor any other Released Party shall have any responsibility for the payment of any Plaintiffs' or Class Members' past or future attorneys' fees or costs. The Settlement Administrator shall make any Settlement Benefit owed to a Claimant payable in the name o f the Claimant and/or their attorneys for the Claimant's benefit (if any). Class Counsel's request for reimbursement of expenses in the amount of$33,333.33 that were incurred to provide the Class Notice is approved and shall be pai d from the Settlement Fund. This Action is hereby DISMISSED WITH PREJUDICE, on the merits, by Plaintiff and all members of the Settlement Class as against Settling Defendants on the terms and conditions set forth in the Settlement Agreement withou t costs to any party, except as expressly provided for in the Settlement Agreement. Upon the Effective Date as defined in the Settlement Agreement, the Plaintiff and every Settlement Class Member unconditionally, fully, and finally release and fo rever discharge the Released Parties from the Released Claims. In addition, any rights of the Class Representative afforded under Section 1542 of the California Civil Code and any other similar, comparable, or equivalent laws, are terminated. Eac h and every Settlement Class Member, and any person actually or purportedly acting on behalf of any Settlement Class Member, is hereby permanently barred and enjoined from commencing, instituting, continuing, pursuing, maintaining, prosecuting, or enforcing any Released Claims, AS FURTHER SET FORTH HEREIN. Dismissal of Non-Settling Defendants' Contribution and Indemnity Claims Against Settling Defendants Arising from Class Members' Released Claims. Pursuant to and consistent with New York General Obligations Law § 15-108 or other comparable applicable law, the Settling Defendants are relieved from liability for indemnity or contribution to any Non-Settling Defendant in connection with the Class Members' released an d barred claims, and any such claims or cross claims are fully and finally dismissed, released, barred or enjoined. If for any reason the Settlement terminates or Final Approval is reversed or vacated, the Settlement and all proceedings in connection with the Settlement will be without prejudice to the right of Settling Defendants or the Class Representative to assert any right or position that could have been asserted if the Agreement had never been reached or proposed to the C ourt, except insofar as the Settlement Agreement expressly provides to the contrary. In such an event, the certification of the Settlement Class will be deemed vacated. The Parties irrevocably waive and agree not to assert, by way of motion, as a defense or otherwise, any claim or objection that they are not subject to the jurisdiction of the Court, or that the Court is, in any way, an improper venue or an inconvenient forum. Without affecting the finality of this Final Judgment in any way, the Court retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation, distribution of funds, and enforcement of the Settlement. The Parties and the Settlement Administrator will comply wit h all obligations under the Settlement Agreement until the Settlement is fully and finally administered. The Parties shall bear their own costs and attorneys' fees except as otherwise provided by the Settlement Agreement and this Court. Daily Harvest, Inc. and Second Bite Foods, Inc. d/b/a Stone Gate Foods terminated. (Signed by Judge Denise L. Cote on 10/25/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing.