Peni v. Daily Harvest, Inc.

Filing 153

FINAL JUDGMENT: The Court HEREBY ORDERS and MAKES DETERMINATIONS as follows: Incorporation of Other Documents. The Class Action Settlement Agreement, including its exhibits, and the definitions of words and terms contained therein are incor porated by reference in this Order. The terms of this Court's Preliminary Approval Order are also incorporated by reference in this Order. The Court finds and determines that the Settlement Class, as defined in the Settlement Agreement an d above, meets all of the legal 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. Pursuant to the Settlement Agree ment, and for settlement purposes only, the Court finds as to the Settlement Class with respect to all aspects of the Settlement Agreement that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and (b)(3) have been satisfied in th at, as further set forth herein. The Court finds that 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 s ufficient investigation and discovery and was based on arms-length negotiations, including three mediations. The Court hereby finally approves the Settlement and finds that the terms constituted, in all respects, a fair, reasonable, and adequa te settlement as to all Settlement Class Members in accordance with Fed. R. Civ. P. 23 and direct consummation pursuant to its terms and conditions. The Court finds that the Settlement Agreement provides substantial and meaningful monetary ben efits and other consideration to the Settlement Class as follows: Settling Defendants agreed to provide cash benefits with a gross potential payout value of $7,671,000 (seven million,six hundred and seventy-one thousand dollars) in the aggrega te. $767,100 of the cash benefit was held back by the Settling Defendants, pursuant to the terms of the Settlement Agreement. The balance of the Class Action Hold Back Amount shall be deposited into the Settlement Fund after the Settling Defe ndants litigate to conclusion or otherwise resolve the claims of those who have opted out of the Settlement, or by December 31, 2026, whichever is later. The Court finds that the settlement treats Settlement Class Members equitably relative to on e another, and that the Settlement Benefits to be paid to each Settlement Class Member as provided for by the Settlement are fair and reasonable. The manner of distribution of the Settlement Fund as described in the Settlement Agreement and in the Class Notice is hereby approved, as further set forth herein. Neither Class 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 f rom the Settlement Fund or the Settling Defendants. 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 cos ts, as further set forth herein. This Action is hereby DISMISSED WITH PREJUDICE, on the merits, by Plaintiffs and all members of the Settlement Class as against Settling Defendants on the terms and conditions set forth in the Settlement Agreement without costs to any party, except as expressly provided for in the Settlement Agreement. Without affecting the finality of this Final Judgment in any way, the Court retains jurisdiction of all matters relating to the interpretation, administr ation, implementation, effectuation, distribution of funds, and enforcement of the Settlement. Nothing in this Order shall preclude any action to enforce the Parties' obligations pursuant to the Settlement Agreement or pursuant to this Order . The Parties and the Settlement Administrator will comply with 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. LET JUDGMENT BE ENTERED ACCORDINGLY. (Signed by Judge Denise L. Cote on 3/11/2025) (vfr) Transmission to Finance Unit (Cashiers) for processing.