Yanes et al v. Martin et al

Filing 867

ORDER granting (866) Motion for Settlement in case 1:20-cv-00216-MSM-PAS; granting (260) Motion for Settlement in case 1:22-cv-00050-MSM-LDA. So Ordered by District Judge Mary S. McElroy on 1/7/2025. Associated Cases: 1:20-cv-00216-MSM-PAS, 1:22-cv-00050-MSM-LDA(Potter, Carrie)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

OSCAR YANES, et al.,
Petitioners-Plaintiffs,
v.

Civil Action No. 1:20-cv-216

DANIEL W. MARTIN, et al.,
Respondents-Defendants.
ORDER APPROVING FINAL SETTLEMENT AND
ENTERING STIPULATED DISMISSAL

The parties have filed a Joint Motion to Approve Final Settlement and Enter Stipulated
Dismissal. The Court has carefully considered the Settlement Agreement together with the
attachment thereto (ECF No. 861-1), the filings related to the settlement, the arguments of
counsel, and the record in this case. The Court held a Fairness Hearing on January 7, 2025,
following notice to the Class as approved by the Court’s November 21, 2024 order granting
preliminary approval of the Settlement Agreement (ECF No. 863).
IT IS HEREBY ORDERED THAT:
1.

This case is dismissed with prejudice. The Parties shall bear their own attorney’s

fees and costs, except as provided by the Settlement Agreement.
2.

The Settlement Agreement is hereby incorporated by reference in this Order, and

all terms or phrases used in this Order shall have the same meaning as in the Settlement
Agreement.
3.

The Court grants final approval of the Settlement Agreement, finding that the

terms of the Settlement Agreement are fair, reasonable, and adequate as required by Fed. Rule
Civ. Proc. 23(e)(2).

4.

As specified in the Settlement Agreement, any preliminary injunctions and other

orders entered in this case, including all bail orders, are dissolved with the dismissal of this
action.
5.

As further specified in the Settlement Agreement, and notwithstanding the

dismissal of this case, the Court shall retain jurisdiction to enforce the terms of the Settlement
Agreement, except as otherwise provided in the Settlement Agreement, for a term of one year
from the date of this Order.
6.

Neither the Settlement Agreement, nor any attachment, exhibit, document, or

instrument delivered thereunder shall be construed as or be deemed to be evidence of an
admission or concession by Defendants or an interpretation of any liability or wrongdoing by
Defendants, or of the truth of any allegations asserted by Plaintiffs, Class Members, or any other
person.
7.

A portion of the fee award provided for in the Settlement Agreement will be

shared with the American Civil Liberties Foundation of Rhode Island. That arrangement is in
accordance with this Court’s decision in Inmates of RI Training School v. Martinez, 465 F. Supp.
2d 131 (D.R.I. 2006), and Rhode Island Rule of Professional Conduct 5.4(a)(4).
8.

The parties’ Joint Motion to Approve Final Settlement and Enter Stipulated

Dismissal is hereby GRANTED.
IT IS SO ORDERED.

January 7
Dated: _______________________,
2025.

____________________________________
Honorable Mary S. McElroy
United States District Judge