VINES v. COVELLI ENTERPRISES, No. 2:2012cv00028 - Document 30 (W.D. Pa. 2012)

Court Description: ORDER granting 27 MOTION to Finally Approve Settlement of Class Action ; Class Action Settlement described in the Motion and set forth in the parties' Settlement Agreement is FINALLY APPROVED as fair, reasonable, adequate, and in the best in terests of the Settlement Class; For purposes of Settlement only, the Settlement Class identified more fully in order is unconditionally certified pursuant to Federal Rule of Civil Procedure 23(b)(3); Court finds that notice to the Settlement Class w as provided in accordance with the parties' Settlement Agreement and the Court's Class Action Settlement Preliminary Approval Order; Such notice constituted the best notice practicable under the circumstances, including individual notice to all class members who could be identified through reasonable effort, and fully satisfied the requirements of F.R.C.P. 23 and due process; No individuals opted out of the Settlement pursuant to paragraph 7 of the Preliminary Approval Order, no indivi duals filed objections, no members of which were considered by the Court, pursuant to paragraph 9 of the Preliminary Approval Order and no members of the Settlement Class appeared at the fairness hearing pursuant to paragraph 9 of the Preliminary App roval Order; Defendant satisfied the requirements of 28 U.S.C. § 1715; Defendant provided proper and timely notice of the proposed settlement to the United States Attorney General and the appropriate state official in every state in which a memb er of the Settlement Class resides; No objections were received by government officials; Parties are directed to implement the Settlement Agreement; Payments will be calculated and made to counsel and members of the Settlement Class without withholdi ng and inaccordance with the terms of the Settlement Agreement; All members of the Class who do not timely exclude themselves in accordance with the Settlement Agreement and Preliminary Approval Order are bound by the terms of the Settlement, includi ng without limitation the release contained in the Settlement Agreement; Members of the Settlement Class who filed a claims form are bound by the general release included in the claims form; This action is dismissed with prejudice and without costs o r attorneys' fees other than those expressly provided in the Settlement Agreement; Pursuant to Paragraph 21 the Settlement Agreement, defendant is ordered to not discriminate on the basis of race in its promotion decisions; This Court shall reta in jurisdiction to determine all matters relating in any way to this Order and Final Judgment or the Settlement Agreement, including without limitation the administration, implementation, interpretation, and enforcement of this Order and Final Judgme nt or the Settlement Agreement, and resolution of disputes regarding Claims Forms; In the event the Settlement is terminated in accordance with the Settlement Agreement, and upon notification to the Court of such termination, this Order will no longer have effect. Signed by Chief Judge Gary L. Lancaster on 12/14/12. (map)