DZIADYK et al v. KRAFT FOODS GROUP, INC.

Filing 23

ORDER granting 18 Joint Motion for Final Approval of Class Action Settlement and Dismissal With Prejudice. Signed by Judge Cathy Bissoon on 1/15/13. (dcd)

Case 2:09-cv-00453-CB Document 99-1 Filed 01/07/13 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TERRI L. FOSTER
on behalf of herself
and others similarly situated

)

CIVIL Action Nos. 2:09-cv-00453 and
2: 12-cv-00205

)
)

Plaintiff,

)

v.

)

KRAFT FOODS GROUP, INC.,

)

Defendant.

)
)

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)

JOHN DZIADYK, CRISTIE BUZA, CRAIG
JOHNSTON, and DONALD MIKEC,
on behalf ofthemselves
and aU others similarly situated

)

)
)
)

Plaintiffs,

)

v.

)

KRAFT FOODS GROUP, INC.,

)

Defendant.

)

)

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

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Case 2:09-cv-00453-CB Document 99-1 Filed 01/07/13 Page 2 of 6

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AND NOW, on this _ day of

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2013, this matter having come before the

Court for hearing pursuant to the Order of this Court dated October 2, 2012, for approval of the
settlement set forth in the Joint Stipulation and Settlement Agreement of Class Action Claims
("Stipulation" or "Settlement"), and due and adequate notice having been given to the Plaintiffs
as required in said Order, and the Court having considered all papers filed and proceedings had
herein and otherwise being fully informed of the premises and good cause appearing therefore, it
is hereby ORDERED, ADJUDGED AND DECREED THAT:
I.

All terms used herein shall have the same meaning as defined in the Stipulation.

2.

This Court has jurisdiction over the subject matter of this litigation and over all

Parties to this litigation, including all Plaintiffs.
3.

Distribution of the Notice directed to the Plaintiffs as set forth in the Stipulation

and the other matters set forth therein have been completed in conformity with the Preliminary
Approval Order, including individual notice to all Plaintiffs who could be identified through
reasonable effort, and was the best notice practicable under the circumstances. This Notice
provided due and adequate notice of the proceedings and of the matters set forth therein,
including the proposed settlement set forth in the Stipulation, to all persons entitled to such
Notice, and the Notice fully satisfied the requirements of due process.

Zero (0) Plaintiffs

objected to the Settlement. One (1) Plaintiff opted out of the Settlement.
4.

Notification of the appropriate state and federal officials pursuant to 28 U.S.C.

§ 1715 has been completed by Defendant as required.
5.

This Court hereby approves the settlement set forth in the Stipulation and finds

that the Settlement is, in all respects, fair, adequate and reasonable and directs the Parties to
effectuate the Settlement according to its terms. The Court finds that the Settlement has been

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reached as a result of intensive, serious and non-collusive arms-length negotiations. The Court
further finds that the Parties have conducted extensive and costly investigation and research and
counsel for the Parties are able to reasonably evaluate their respective positions. The Court also
finds that settlement at this time will avoid additional substantial costs, as well as avoid the delay
and risks that would be presented by the further prosecution of these Actions. The Court has
reviewed the monetary recovery that is being granted as part of the Settlement and recognizes the
significant value to the Settlement Class of that monetary recovery. The Court finds that the
Class is properly certified as a class for settlement purposes only.
6.

For purposes of this Judgment, the term "Class" means "Class Members" or all

present and former employees of Kraft, including Named Plaintiffs, who were employed by
Kraft in the State of Pennsylvania as WaJl-to-Wall Sales Representatives during the period from
July 1,2007 to March 31,2012, and who did not elect to be excluded from the Class.
7.

As of the Effective Date, each and every Released Claim and Released Federal

Claim of each and every Class Member and Settlement Class member is and shall be deemed to
be conclusively released as against the Released Parties. All Class Members and Settlement
Class Members as of the Effective Date are hereby forever barred and enjoined from prosecuting
the Released Claims and Released Federal Claims against the Released Parties.
8.

The Stipulation and Settlement are not an admission by Kraft or any of the other

Released Parties, nor is this Judgment a finding, of the validity of any claims in the Action or of
any wrongdoing by Kraft or any of the other Released Parties. Neither this Judgment, the
Stipulation, nor any document referred to herein, nor any action taken to carry out the Stipulation
is, may be construed as, or may be used as an admission by or against Kraft or any of the other
Released Parties of any fault, wrongdoing or liability whatsoever. The entering into or carrying
out of the Stipulation, and any negotiations or proceedings related thereto, shall not in any event

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be construed as, or deemed to be evidence of, an admission or concession with regard to the
denials or defenses by Kraft or any of the other Released Parties and shall not be offered in
evidence in any action or proceeding against Kraft or any of the Released Parties in any court,
administrative agency or other tribunal for any purpose whatsoever other than to enforce the
provisions of this Judgment, the Stipulation, or any related agreement or release.
Notwithstanding these restrictions, any of the Released Parties may file in the Action or in any
other proceeding the Judgment, Stipulation, or any other papers and records on file in the Action
as evidence of the Settlement to support a defense of res judicata, collateral estoppel, release, or
other theory of claim or issue preclusion or similar defense as to the Released Claims.
9.

The Court hereby enters this Judgment finally approving this Settlement. Without

affecting the finality of this Judgment in any way, this Court hereby retains continuing
jurisdiction over the interpretation, implementation and enforcement of the Settlement and all
orders and judgments entered in connection therewith.
10.

The Court hereby awards Plaintiffs' Counsel attorneys' fees and costs ("Fees

Award") in the amount of $583,333.33. Plaintiffs' Counsel shall not be entitled to any other
award of attorneys' fees or costs in any way connected with Claims settled in this Action. The
Court also hereby approves Incentive Awards to Named Plaintiffs and Buza Plaintiffs in the
following amounts:
•

Terri Foster (Named Plaintiff): $15,000.00

•

John Dziadyk (Named Plaintiff): $]5,000.00

•

Craig Johnston (Named Plaintiff): $15,000.00

•

Donald Mikec (Named Plaintiff): $15,000.00

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Case 2:09-cv-00453-CB Document 99-1 Filed 01107/13 Page 5 of 6

•

Cristie Buza (Named Plaintiff): $15,000.00

•

Jenny Key (Buza named plaintiff): $15.000.00

•

Laura Marconi (Buza named plaintiff): $15.000.00

•

Thomas Steenbergen (Buza opt-in): $5,000.00

•

Lin Greenwald (Buza opt-in): $5,000.00

The Court also approves the payment of claims administration expenses in the amount
of $6,500.00. Any additional awards sought but not awarded for the Fees Award, Incentive
Awards and/or the Claims Administration expenses shall remain the exclusive property of
Defendant. Any separate appeal from the portion of this Judgment as to the Fees Award, the
Named Plaintiffs' Incentive Awards or the award of claims administration expenses shall not
operate to terminate or cancel the Stipulation or otherwise affect the finality ofthis Judgment.
11.

After administration of the Settlement has been completed in accordance with the

StipUlation and all amounts calculated, Kraft shall file a report with this Court setting forth the
total of the Gross Settlement Amounts for the Settlement Class Members and certifying
compliance with the terms of the Settlement.
12.

The Court finds that the Stipulation is in good faith and constitutes a fair,

reasonable and adequate compromise of the Released Claims and Released Federal Claims
against Kraft.

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13.

If the Settlement does not become final and effective in accordance with the terms

of the Stipulation, resulting in the return and/or retention of the Settlement Fund to Kraft
consistent with the terms of the Settlement, then this Judgment and all earlier orders entered in
connection herewith shall be rendered null and void and shall be vacated.

Dated:

J4...I\"'-4.!~ is, 2013

~
H~BISSOON

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA

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