Opinion
Case No. 4:03CV3189.
April 21, 2008
MEMORANDUM AND ORDER
Pursuant to my earlier memorandum and order (filing 172) and the statements and representations of the parties and their counsel (filings 174 and 175) in response thereto,
IT IS ORDERED that:
1. The joint motion for settlement approval (filing 171) is granted.
2. The settlement agreement (attachment 1 to filing 171) is approved subject to the terms of the Court's earlier memorandum and order (filing 172).
3. The plaintiffs shall file their joint motion to dismiss with prejudice within three working days. As soon as that motion is filed, the Court will enter a judgment pursuant to Federal Rule of Civil Procedure 54(b) dismissing the entirety of this case, except for the issue of attorney fees, with prejudice.
4. At the request of the parties, the Court retains jurisdiction to rule on the anticipated motion of the plaintiffs for attorneys' fees. Plaintiffs shall have 21 days from the entry of this order to file such a motion, supporting affidavits and supporting brief. The defendants shall have 21 days thereafter to respond. Plaintiffs shall have 7 days thereafter to file a reply.
5. To the extent that the plaintiffs' response (filing 175) contains any equivocation or request for additional relief, such equivocation is rejected and any request for additional relief is denied.
6. Failure to comply in a timely manner with this memorandum and order may result in the imposition of sanctions including dismissal of the entirety of this case with prejudice.