United States District Court, W.D. North Carolina, Charlotte Division
CARLA MATTHEWS, FAITH HOLLOWAY, THERESA GIBSON, DINA BARTOLINI, RITA TAKETA, And all similarly situated individuals, Plaintiffs,
HYATT CORPORATION, an Illinois corporation, Defendant.
FINAL ORDER APPROVING CLASS ACTION SETTLEMENT, ENTRY
OF JUDGMENT, AND ORDER OF DISMISSAL WITH PREJUDICE
J. Conrad, Jr. United States District Judge
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).
the Parties reached a settlement of the above-captioned
matter that was preliminarily approved by this Court on
December 21, 2018, (Doc. 63);
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
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
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
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
(a) To all Opt-In Plaintiffs, and to all Class Members who
reside in Colorado, Illinois, Missouri, North Carolina, and
Ohio, an ...