United States District Court, E.D. North Carolina
GARIBALDI E. LONGO, ALLEN F. HESTER, CARL W. SWANSON, and STEVEN L. WHITE, individually and on behalf all others similarly situated, Plaintiffs,
TROJAN HORSE LTD.; GLEN BURNIE HAULING INC.; CAPITOL EXPRESSWAYS, INC.; BDH LOGISTICS LLC; BRIAN HICKS; TROJAN HORSE LTD. 401K PLAN; and ASCENSUS TRUST COMPANY, Defendants.
FINAL ORDER AND JUDGMENT
TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE
this the 5th day of June, 2018, upon consideration of the
Parties' joint motion for final approval of the
settlement pursuant to the terms of a Settlement Agreement
dated February 7, 2018 ("Agreement"), [DE 203-1],
the Court FINDS and ORDERS as follows:
motion for final approval of the Settlement Agreement is
hereby GRANTED, the settlement of the Class Action is
APPROVED as fair, reasonable and adequate to the Class
Members, and the Parties are hereby directed to take the
necessary steps to effectuate the terms of the Agreement.
purposes of this Final Order and Judgment, except as
otherwise defined herein, the Court adopts and incorporates
the definitions of all capitalized terms in the Agreement and
those terms have the same meaning in this Order.
Court has jurisdiction over the subject matter of this action
and over all parties to the action, including all members of
Pursuant to Fed.R.Civ.P. 23(e), the Court hereby approves and
confirms the settlement embodied in the Agreement as being a
fair, reasonable, and adequate settlement and compromise of
the claims asserted in the Action and in the best interests
of the Class Members.
Court incorporates the terms of the Agreement into this order
as if expressly set forth herein and the Parties and their
counsel are directed to implement and consummate the
Agreement, to the extent the Parties have not done so
already, according to its terms and provisions.
Agreement will be binding on, and have res judicata and
preclusive effect in, all pending and future lawsuits or
other proceedings maintained by or on behalf of Plaintiffs
and all other Class Members, as well as their heirs,
executors and administrators, successors and assigns.
accordance with the Court's orders, and as determined by
this Court previously, Class Notice was timely distributed by
first-class mail to all Class Members, and notice was
published on the website maintained by Angieon and Class
Counsel. In addition, pursuant to the Class Action Fairness
Act, 29 U.S.C. § 1711, et seq., notice was
provided to the Attorneys General for each of the states in
which a Class Member resides, the Attorney General of the
United States, and the United States Secretary of Labor.
form and methods of notifying the Class Members of the terms
and conditions of the proposed Agreement met the requirements
of Fed.R.Civ.P. 23(c)(2), any other applicable law, and due
process, and constituted the best notice practicable under
the circumstances; and due and sufficient notices of the
fairness hearing and the rights of all Class Members have
been provided to all people, powers, and entities entitled
requirements of the Class Action Fairness Act, 29 U.S.C.
§ \7\\, et seq., have been met.
Court orders that the Settlement Fund monies, service awards,
and attorney's fees and costs called for in the Agreement
be paid and provided according to the Agreement.
Independent Fiduciary is ordered and directed to implement
the Agreement and perform its duties under it.
mentioned above, the Court finds that the settlement is fair,
reasonable, and adequate, based on the following findings of
fact, conclusions of ...