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Longo v. Trojan Horse, Ltd.

United States District Court, E.D. North Carolina

June 5, 2018

GARIBALDI E. LONGO, ALLEN F. HESTER, CARL W. SWANSON, and STEVEN L. WHITE, individually and on behalf all others similarly situated, Plaintiffs,
v.
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

          HON. TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE

         WHEREFORE, 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:

         1. The 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.

         2. For 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.

         3. The Court has jurisdiction over the subject matter of this action and over all parties to the action, including all members of the Class.

         4. 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.

         5. The 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.

         6. The 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.

         7. In 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.

         8. The 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 thereto.

         9. All requirements of the Class Action Fairness Act, 29 U.S.C. § \7\\, et seq., have been met.

         10. The 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.

         11. The Independent Fiduciary is ordered and directed to implement the Agreement and perform its duties under it.

         12. As mentioned above, the Court finds that the settlement is fair, reasonable, and adequate, based on the following findings of fact, conclusions of ...


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