Patrick Bennie v. Lowe's HIW Inc et al, No. 8:2008cv00576 - Document 33 (C.D. Cal. 2009)

Court Description: JUDGMENT by Judge David O. Carter, This Court hereby enters final judgment in this case, and dismisses it with prejudice, in accordance with the terms of the Settlement Agreement and Joint Stipulation (Settlement), Order Granting Preliminary Approval , and the Order Granting Final Approval to Class Action Settlement (Final Approval Order), as modified by the Supplemental Joint Statement of the Parties Modifying the Settlement Per the Court's Instructions, filed on October 16, 2009. The Court hereby permanently enjoins and restrains all individuals from asserting any and all claims that were released pursuant to the Settlement and the Final Approval Order.(MD JS-6, Case Terminated). (rla)

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Patrick Bennie v. Lowe's HIW Inc et al Doc. 33 JS-6 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 PATRICK BENNIE, an individual, on behalf of himself, and on behalf of all other persons similarly situated, Plaintiffs, CASE NO. SACV08-00576 DOC (SHX) HON. DAVID O. CARTER [PROPOSED] JUDGMENT v. LOWE’S HIW, INC., a Washington Corporation authorized to do business in the state of California, and DOES 1 through 100, inclusive, Defendants. 21 22 23 24 25 26 27 28 [PROPOSED] JUDGMENT SACV08-00576 DOC (SHX) Dockets.Justia.com WHEREAS, on October 19, 2009, this Court granted preliminary approval to 1 2 a settlement of this action; WHEREAS, the Court granted final approval to the settlement on October 3 4 19, 2009, finding that the settlement is fair, reasonable and adequate within the 5 meaning of Federal Rule of Civil Procedure 23(e) and applicable law; and WHEREAS, the Court has found that the notice sent to the Class Members 6 7 fairly and adequately informed the Class of the terms of the settlement, was 8 consistent with Federal Rule of Civil Procedure 23 and due process, and was given 9 in the manner prescribed by the Settlement Agreement and the Court’s order 10 preliminarily approving the settlement: This Court hereby enters final judgment in this case, and dismisses it with 11 12 prejudice, in accordance with the terms of the Settlement Agreement and Joint 13 Stipulation (“Settlement”), Order Granting Preliminary Approval, and the Order 14 Granting Final Approval to Class Action Settlement (“Final Approval Order”), as 15 modified by the Supplemental Joint Statement of the Parties Modifying the 16 Settlement Per the Court’s Instructions, filed on October 16, 2009. The Court 17 hereby permanently enjoins and restrains all individuals from asserting any and all 18 claims that were released pursuant to the Settlement and the Final Approval Order. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// [PROPOSED] JUDGMENT -2- SACV08-00576 DOC (SHX) 1 Without affecting the finality of this Final Judgment in any way, the Court 2 reserves exclusive and continuing jurisdiction over this action, the named Plaintiffs, 3 the Class, and the Defendant for the purposes of supervising the implementation, 4 enforcement, construction and interpretation of the Settlement, and all orders and 5 judgments entered in connection therewith. 6 7 IT IS SO ORDERED 8 9 10 Dated: October 19, 2009 11 _______________________________ The Hon. David O. Carter Judge of the United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] JUDGMENT -3- SACV08-00576 DOC (SHX)

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