Opinion
No. 01-CV-6539.
November 22, 2004
ORDER AND FINAL JUDGMENT APPROVING SETTLEMENT
AND NOW, this 22nd day of November, 2004, after a fairness hearing and upon consideration of the Stipulation and Agreement of Settlement and the exhibits annexed thereto, all dated August 5, 2004 ("the Settlement Agreement") (Appendix A of this Order), the Motion for Certification of Stipulated Settlement Class [Doc. #44], the Motion for Final Approval of Proposed Class Action Settlement [Doc. #42], Plaintiffs' unopposed Petition for an Award of Attorneys' Fees and for Award of Special Payments to the Two Named Plaintiffs [Doc. #43], and all papers filed in support thereof, and hearing no opposition in writing or at the fairness hearing, the Court finds that:
1. One hundred eight of the 112 members of the proposed settlement class (as that term is defined in the Settlement Agreement), whose interests are affected by the proposed settlement, were given due notice of the proposed settlement and the settlement hearing in accordance with the Revised Order dated August 10, 2004. The Notice of Proposed Settlement of Class Action and Settlement Hearing was mailed by first class mail on or about August 20, 2004, in accordance with the Order dated August 10, 2004, to all members of the proposed Settlement Class at their last known addresses;
2. Members of the proposed settlement class were given due notice of and an opportunity to present their legal and factual arguments in opposition to approval of the Settlement Agreement and proposed plan of allocation, and the request of class counsel for an award of attorneys' fees and special payments to the class representatives;
3. Members of the proposed settlement class were given full opportunity to participate in the hearing held on October 19, 2004;
4. No objections to the class settlement or the requested awards have been filed or heard; and
5. The Settlement Agreement constitutes a fair, reasonable and adequate resolution of the disputed legal matter for the members of the class.
Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED that:
1. To the extent defined in the Settlement Agreement, the terms in this Order shall have the meanings set forth therein;
2. Upon consideration of the Motion for Certification of Settlement Class, and consistent with the analysis set forth in the attached Memorandum Opinion, the proposed settlement class is hereby certified pursuant to Federal Rule of Civil Procedure 23. Consistent with this form of certification, all members of the Settlement Class are mandatory members and they may not opt-out of or exclude themselves from the Settlement Class;
3. The Court finds that this action may proceed as a class action for settlement purposes, with the class consisting of the following individuals:
All persons who, at any time during the period of January 1, 1994, through December 18, 2001 (a) provided personal services to Franklin Mint Company ("the Mint"), (b) worked 1,000 hours or more in any given year, and (c) whom the Mint classified or designated as "freelancers" or "independent contractors," but excluding any individuals who provided services on a project basis and/or primarily on premises other than the premises of the Mint, or who were in fact independent contractors at law.
The parties agree that, following a careful investigation, they have identified 112 individuals who satisfy the above class definition and their identities are listed in Exhibit B to the Settlement Agreement;
4. Named Plaintiffs Richard Godshall and Steven Cusano are hereby appointed as the representatives of the Settlement Class. Attorneys Alan M. Sandals and Nancy O'Mara Ezold are hereby appointed as counsel for the Settlement Class pursuant to Rule 23(g)(1);
5. Pursuant to Rule 23(e), and for the reasons set forth in the attached Memorandum Opinion, the Settlement Agreement and the proposed Plan of Allocation and the terms thereof are approved and confirmed as being fair, reasonable and adequate as to all members of the Settlement Class;
6. The parties are hereby directed to proceed with and to implement the Settlement Agreement in accordance with its terms. The award of attorneys' fees and expenses and the special payments to the named Plaintiffs, as approved in the paragraph below, and the settlement payments to the named Plaintiffs and the members of the settlement class shall be disbursed upon the occurrence of the effective date as promptly as administratively feasible;
7. The Court, having considered the petition of counsel for Plaintiffs for an award of attorneys' fees and reimbursement of expenses out of the settlement fund, and finding the requested award fair and reasonable, hereby grants the petition and awards to Class Counsel out of the settlement fund attorneys' fees and expenses in the aggregate amount of $375,000.00. This award of fees and expenses shall be paid from the settlement fund at the time and in the manner provided in the Settlement Agreement. The Court also hereby approves and awards to each of the two named Plaintiffs, Richard Godshall and Steven Cusano, a special payment of $20,000 each in consideration of their efforts benefitting all class members. These payments shall be in addition to the sums that each Plaintiff is entitled to receive under the terms of the Plan of Allocation;
8. The Court hereby approves of the establishment of the settlement fund described in paragraph 5(a) of the Settlement Agreement and, in particular, approves of its treatment as a "qualified settlement fund" within the meaning of Section 1.468B-1(a) of the Treasury Regulations;
9. As of the effective date, all members of the settlement class shall be deemed to release and discharge the released persons from all of the released claims, as defined in the Settlement Agreement.
10. The Court shall retain continuing jurisdiction of this matter for the purposes of consummating, implementing, and enforcing the Settlement Agreement and the terms of this Order and Final Judgment, including satisfaction of the requirements of Treasury Regulation § 1.468B-1(c)(1), and entry of any further orders as may be necessary and appropriate;
11. The Clerk of the Court is directed to enter this Order and Final Judgment as a final judgment, this case is DISMISSED WITH PREJUDICE with respect to each Plaintiff and each member of the Settlement Class pursuant to Federal Rule of Civil Procedure 41(a)(2). The Court's reservation of continuing jurisdiction pursuant to the preceding paragraph shall not affect in any way the finality of this Order and Final Judgment.
It is so ORDERED.