Matthews v. Hyatt Corp.

          FINAL ORDER APPROVING CLASS ACTION SETTLEMENT, ENTRY OF JUDGMENT, AND ORDER OF DISMISSAL WITH PREJUDICE

          Robert J. Conrad, Jr. United States District Judge

         THIS MATTER comes before the Court on Plaintiffs' Unopposed Motion for Final Approval of Class/Collective Action Settlement, Named Plaintiff Incentive Awards, Settlement Administration Expenses, and Entry of Final Approval Order, (Doc. No. 66), Plaintiffs' Unopposed Motion for Final Approval of Class Counsel's Attorneys' Fees and Litigation Expenses, (Doc. No. 67), and the supporting briefs and exhibits, (Doc. Nos. 66-67).

         WHEREAS, the Parties reached a settlement of the above-captioned matter that was preliminarily approved by this Court on December 21, 2018, (Doc. 63);

         WHEREAS, the Parties have complied with the Court's preliminary approval order including sending settlement notice to the class according to the approved notice plan and the period for objections and opt-outs has closed; and

         WHEREAS, this Court conducted a final fairness hearing on February 26, 2019, in which the Court specifically reviewed all aspects of the settlement for fairness, reasonableness and adequacy, including the strength and weaknesses of the claims and defenses; the likelihood of class certification; the time and effort expended by the attorneys; the value obtained for the class and method of payment; the participation by the class; the lack of reversion rights to Defendant; the class members' lack of objections; the opt-out elections submitted; and adequacy of settlement notice, and was otherwise fully advised of the facts and circumstances of the proposed settlement;

         WHEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

1. The Court has examined and finds good grounds to approve the Parties' settlement as fair, reasonable and adequate pursuant to the standards for approval of a class settlement under Fed.R.Civ.P. 23(e).

2. The Court has reviewed and now approves the material terms of the Settlement Agreement, which are summarized as follows:

a. Defendant will allocate Seven Hundred and Twenty-Five Thousand Dollars and No. Cents ($725, 000.00) (the Maximum Settlement Amount) to pay: (a) Class Member claims; (b) Settlement administration costs; (c) Class Counsel's fees and litigation costs; and (d) Incentive awards to the class representatives.

b. Class Counsel will receive attorneys' fees in the amount of Two-Hundred Forty-One Thousand Six Hundred Sixty-Six and 66/100 Cents ($241, 666.66) and costs not to exceed Forty Thousand and No. Cents ($40, 000).

c. The Named Plaintiffs will receive Incentive Awards in the total amounts of Nine Thousand and No. Cents ($9, 000), to be allocated among them per the Settlement Agreement.

d. Simpluris, Inc. will receive administration costs in the total amount of Twenty Thousand and No. Cents ($20, 000).

e. After deducting from the Maximum Settlement Amount for administration costs, Class Counsel's fees and litigation costs, and Incentive Awards, Defendant will use the net amount to pay each Potential Class Member who does not submit a timely Opt-Out Form to be excluded from the Settlement as follows:

(a) To all Opt-In Plaintiffs, and to all Class Members who reside in Colorado, Illinois, Missouri, North Carolina, and Ohio, an ...