Gillard et al v. Volkswagen Group of America, Inc. et al, No. 4:2017cv07287 - Document 153 (N.D. Cal. 2022)
Court Description: FINAL JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 9/20/2022. **DISREGARD DOCKET NO. 152 , EXHIBIT IS MISSING FROM THE FILING.** (Attachments: # 1 Exhibit)(ndr, COURT STAFF) (Filed on 9/20/2022)
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Gillard et al v. Volkswagen Group of America, Inc. et al Doc. 153 Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 1 of 4 1 Daniel K. Bryson* MILBERG COLEMAN BRYSON 2 PHILLIPS GROSSMAN, PLLC 900 W. Morgan St. 3 Raleigh, NC 27603 4 Tel: 919-600-5000; Brian T. Carr* HERZFELD & RUBIN, P.C. 125 Broad Street New York, NY 10004 Tel.: 212-471-8500 E-mail: bcarr@herzfeld-rubin.com Fax: 919-600-5035 5 Dbryson@Milberg.com Attorneys for Defendant VOLKSWAGEN GROUP OF AMERICA, INC. 6 Attorneys for Plaintiff 7 8 9 UNITED STATES DISTRICT COURT 10 11 12 NORTHERN DISTRICT OF CALIFORNIA JOHN CHESS, on behalf of himself and all Case No. 4:17-cv-07287-HSG others similarly situated FINAL JUDGMENT 13 Judge: Hon. Haywood S. Gilliam, Jr. Plaintiff, 14 vs. 15 VOLKSWAGEN GROUP OF AMERICA, 16 INC., 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT CASE NO. 4:17-cv-07287-HSG Dockets.Justia.com Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 2 of 4 1 On October 6, 2021, the Parties entered into an Amended Settlement Agreement (“Settlement 2 Agreement”) for a nationwide Class Settlement of this action (“Class Settlement”). This Court granted 3 preliminary approval of the Class Settlement and the Parties’ Notice Plan by Order dated November 24, 4 2021 (Dkt. No. 135). Thereafter, following the successful implementation of the Notice Plan, this Court, 5 6 7 after reading and carefully considering all submissions filed by the Parties and the Settlement Administrator in connection with the Class Settlement, the two objections, the Parties’ responses thereto, 8 and having conducted an in-person final fairness hearing on August 18, 2022, issued its Order dated 9 September 12, 2022 (Dkt. No. 150) (the “Final Approval Order”). The Final Approval Order overruled 10 the objections, granted Final Approval of the Class Settlement pursuant to the terms and provisions of 11 the Settlement Agreement, as fair, reasonable and adequate and comporting, in all respects, with Fed. R. 12 Civ. P. 23, granted final certification of the Settlement Class for purposes of settlement only, granted an 13 14 award of reasonable attorneys’ fees and expenses to Class Counsel, and a service award to the Plaintiff 15 John Chess, in respective amounts set forth in the Final Approval Order, and directed submission of a 16 stipulated Judgment consistent therewith. 17 NOW, it is hereby ADJUDGED that: 18 1. The Class Settlement is hereby granted final approval in accordance with the terms and 19 20 provisions of the Settlement Agreement, all of which are incorporated herein, for the reasons set forth in the Final Approval Order; 21 22 2. The Settlement Class is hereby certified for settlement purposes only; 23 3. All Released Claims set forth in the Settlement Agreement are hereby fully and finally 24 released, remised, acquitted and discharged against Defendant and all Released Parties set 25 forth in the Settlement Agreement, other than for the seven persons whose names are annexed 26 hereto as Exhibit A as having submitted valid and timely requests for exclusion from the 27 Class Settlement; 28 STIPULATED FINAL JUDGMENT CASE NO. 4:17-cv-07287-HSG Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 3 of 4 1 4. Reasonable counsel fees and expenses to Class Counsel, and the service award to Plaintiff 2 John Chess, are hereby approved in accordance with, and in the amounts set forth in, the Final 3 Approval Order; 4 5. Plaintiff and every Settlement Class Member (other than those seven specifically listed in 5 6 7 Exhibit A hereto), and any person or entity acting or purporting to act on behalf of any said Settlement Class Member(s), is/are hereby permanently barred and enjoined from 8 commencing, instituting, filing, continuing, pursuing, maintaining, prosecuting, or enforcing 9 any Released Claim against Defendant and/or any of the Released Parties. This permanent 10 bar and injunction is necessary to protect and effectuate the Settlement Agreement, the Final 11 Approval Order, this Judgment, and this Court’s authority to enforce and effectuate the 12 Settlement Agreement, and is ordered in aid of this Court’s jurisdiction and to protect its 13 14 judgments; 15 6. Without affecting the finality of this Judgment, this Court shall retain continuing jurisdiction 16 over the Parties and the Settlement Class with respect to all matters relating to the 17 interpretation, administration, implementation, effectuation and enforcement of the 18 Settlement Agreement and this Class Settlement, which includes, without limitation, the 19 20 Court’s power pursuant to the All Writs Act, 28 U.S.C. § 1651, and/or any other applicable law, to enforce the above-described bar to and injunction against commencing, instituting, 21 22 23 filing, continuing, pursuing, maintaining, prosecuting, or enforcing any and all Released Claims against Defendant and/or any released Parties; 24 7. This action, and all claims asserted therein, are hereby dismissed with prejudice; and 25 8. The Court finds that no just reason exists for delay in entering this Judgment. Accordingly, 26 the Clerk is hereby directed to enter this Judgment. 27 28 STIPULATED FINAL JUDGMENT CASE NO. 4:17-cv-07287-HSG Case 4:17-cv-07287-HSG Document 153 Filed 09/20/22 Page 4 of 4 1 Dated: September 20, 2022 2 3 ________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 4 5 6 ~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED FINAL JUDGMENT CASE NO. 4:17-cv-07287-HSG
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