Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gregory v. Stewart's Shops Corporation

United States District Court, N.D. New York

January 15, 2020

HOLLY GREGORY, MATTHEW POTTER, and ASTRID HALTEN, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
STEWART'S SHOPS CORPORATION, Defendant.

          ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT

          THOMAS J. McAVOY SENIOR, U.S. DISTRICT JUDGE.

         WHEREAS, in or about January of 2019, Named Plaintiffs Holly Gregory, Matthew Potter, and Astrid Halten, for themselves and on behalf of the Opt-In Plaintiffs and proposed Rule 23 Settlement Class, on the one hand, and Stewart's Shops Corporation, on the other hand, entered into a Joint Stipulation of Settlement and Release (the "Settlement Agreement"), contingent on Court approval; and

         WHEREAS, on May 17, 2019, the Parties filed a Joint Motion for Preliminary Approval of the Settlement; and WHEREAS, on July 24, 2019, the Court entered an Order granting preliminary approval of the Settlement and preliminarily certifying the Rule 23 Settlement Class (the "Preliminary Approval Order"); and

         WHEREAS, pursuant to Federal Rule of Civil Procedure 23, the Court directed that Notice of the proposed Settlement and the applicable procedures and schedules be sent to the members of the Rule 23 Settlement Class (referred to collectively with the Named Plaintiffs and Opt-In Plaintiffs as the "Class Members"); and

         WHEREAS, pursuant to Federal Rule of Civil Procedure 23, Class Members were given the opportunity to object to the Settlement and/or request to be excluded from the Rule 23 Settlement Class; and

         WHEREAS, on December 18, 2019, Class Counsel filed a Motion for Final Approval of the Settlement, an Award of Service Payments to the Named Plaintiffs, and an Award of Attorneys' Fees and Costs, which motion was not opposed by Defendant; and

         WHEREAS, on January 2, 2020, the Court held a Final Approval Hearing;

         NOW, THEREFORE, IT IS HEREBY ORDERED, upon consideration of the Settlement Agreement, and all papers filed and proceedings held in this Action, as follows:

1. Capitalized terms used in this Order and not otherwise defined herein shall have the definitions assigned to them in the Settlement Agreement.
2. This Court has jurisdiction over the subject matter of this Action and over all Parties to the Action, including all Class Members.
3. The Settlement Agreement, and the Settlement contained therein, is hereby fully, finally, and unconditionally approved in all respects, and the Parties are hereby directed to implement its terms. The Court finds that the Settlement is fair, reasonable, and adequate in all respects. The Court finds that the Settlement is fair, reasonable, and adequate as to all Class Members. The Court finds that extensive investigation, research, and litigation has been conducted such that counsel for all Parties are able to evaluate the respective risks of further litigation, including the additional costs, uncertainty, and delay associated with further prosecution of this Action. The Court also finds that the Settlement is the result of good-faith, extensive, arms' length negotiations between experienced counsel with the assistance of an independent and knowledgeable mediator.
4. The Court finds that the Settlement warrants final approval pursuant to Federal Rule of Civil Procedure 23(e) because it is fair, adequate, and reasonable to the Rule 23 Settlement Class based upon: (1) the complexity, expense and likely duration of the litigation; (2) the reaction of the Class Members to the Settlement; (3) the stage of the proceedings and the amount of discovery completed; (4) the risks of establishing liability; (5) the risks of establishing damages; (6) the risks of maintaining the class action through the trial; (7) the ability of the Defendant to withstand a greater judgment; (8) the reasonableness of the settlement fund in light of the best possible recovery; and (9) the reasonableness of the settlement fund to a possible recovery in light of all the attendant risks of litigation.
5. The Court confirms as final its certification of the Rule 23 Settlement Class, as defined in the Settlement Agreement and in Paragraph 4 of this Court's July 24, 2019 Preliminary Approval Order.
6. The Court confirms as final its finding that Named Plaintiffs Holly Gregory, Astrid Halten, and Matthew Potter are adequate class representatives for the Rule 23 Settlement Class, and confirms as final its appointment of them as ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.