This cause came on for hearing before this Court on December 15,2008 from a Joint Motion to Approve Settlement in the captioned case.
Proceeding from December 15, 2008 through December 19, 2008 the Court conducted a Fairness Hearing pursuant to a stipulation of settlement entered into by the parties and previously reviewed by the Court on October 1, 2008.
Madro Bandaries, Gregory P. DiLeo, Jeffery Berniard, and Ray Orrill, Attorneys for Plaintiffs;
John T. Culotta, Darren A. Patin, and Rick Simmons, Attorneys for Defendants: and
Fred Herman, Stephen Herman, Robert Ates and Wiley Beevers, Attorneys for Objectors.
After considering the evidence presented, including the testimony of expert and lay witnesses, upon review of the class objections, and on oral argument of
IT IS ORDERED, ADJUDGED AND DECREED that the Parties to the settlement have met their burden of proof upon presentation of evidence at the trial of the Fairness Hearing, including adequate and timely submission of notice to the members of the class, all as is fully addressed in this Court's Reasons For Judgment, attached hereto and made a part hereof.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Stipulation of Settlement of the parties to this litigation, is hereby confirmed as fair
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the settlement parties shall take all actions necessary to enforce and/or comply with the terms of the "Settlement Stipulation" filed in this matter on October 1, 2008.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, as per the "Settlement Stipulation," legal fees and costs are hereby awarded to Madro Bandaries, Gregory P. DiLeo, Jeffery Berniard, and Ray Orrill, Attorneys for Plaintiffs, all as fully discussed in the "Reasons For Judgment" attached hereto and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Class Representatives, Toni Orrill, Oscar Magee and Vicki Ruiz are awarded $ 15,000.00, as per the "Settlement Stipulation and as fully discussed in the "Reasons for Judgment" attached hereto and made a part hereof.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Joint Motion to Approve Settlement is hereby GRANTED, after trial on the Fairness Hearing; the settlement now being approved as a matter of law, is a final and definitive judgment on the merits rendered in this class action and concludes the claims of all members of the class, whether joined in the action or not, with the Court finding that Plaintiffs' Counsel fairly and adequately represented of all members of
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that this Court shall retain jurisdiction over this matter for any additional rulings, adjudications or actions which may arise for full resolution of this litigation, including but not limited to the award of additional costs relative to the prosecution and administration of the settlement.
New Orleans, Louisiana 19th day of March, 2009.
JUDGE KERN REESE