Opinion
Civil Action No. 11-cv-01063-REB-CBS
05-01-2013
JOHN GREEN, and ELIZABETH ENRIGHT, individually and on behalf of others similarly situated, Plaintiffs, v. DRAKE BEAM MORIN, INC., Defendant.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order of Final Approval of Settlement Agreement and for Entry of Final Judgment [#120] entered by Judge Robert E. Blackburn on April 30, 2013, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That final approval of the proposed Settlement Agreement is GRANTED;
2. That the Settlement Agreement is APPROVED as fair, adequate and reasonable;
3. That the allocation of settlement payments set forth in the Settlement Agreement is APPROVED, and defendant is DIRECTED to implement its payment obligations under the Settlement Agreement;
4. That JUDGMENT IS ENTERED in accordance with the parties' Settlement Agreement, and the settling parties are directed to perform and execute their respective obligations under the Settlement Agreement as approved by the order for final judgment and otherwise consistent therewith;
5. That all claims asserted against defendant in this action in the Complaint, except for claims under the Fair Labor Standards Act ("FLSA"), including, without limitation, the above pending proceedings, are DISMISSED WITH PREJUDICE;
6. That the FLSA claims against defendant in this action, including, without limitation, the above pending proceedings in this collective action, are hereby DISMISSED WITH PREJUDICE as to all Class Representatives and each Class Member who opted-in through the submission a Claim Form and Release;
7. That the named plaintiffs and all Class Members are hereby DEEMED to fully and unconditionally waive and release any and all Released Claims (as that term is defined in the Settlement Agreement) against any and all Released Parties (as that term is defined in the Settlement Agreement), as more fully set forth in the Settlement Agreement;
8. That the attorney fees, costs, expenses, and service payments set forth in the Settlement Agreement, are APPROVED; and defendant is hereby ORDERED to make payments in accordance with and subject to the terms of the Settlement Agreement; and
9. That without affecting the finality of the order in any way, the court hereby RETAINS continuing jurisdiction as contemplated by the Settlement Agreement.
DATED at Denver, Colorado, this 1st day of May, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: __________
Edward P. Butler
Deputy Clerk