Aleksandr Urakhchin et al v. Allianz Asset Management of America, L.P., et al., No. 8:2015cv01614 - Document 186 (C.D. Cal. 2018)
Court Description: FINAL JUDGMENT 185 by Judge Josephine L. Staton. (MD JS-6, Case Terminated). (es)
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Aleksandr Urakhchin et al v. Allianz Asset Management of America, L.P., et al. Doc. 186 1 JS-6 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 ALEKSANDR URAKHCHIN, et al., 13 Case No. 8:15-cv-01614-JLS-JCG Plaintiffs, 14 v. FINAL JUDGMENT 15 ALLIANZ ASSET MANAGEMENT OF 16 AMERICA, L.P., et al., 17 Defendants. Date: July 27, 2018 Time: 2:30 P.M. Courtroom: 10A Hon. Josephine L. Staton 18 19 20 21 22 23 24 25 26 27 28 -1- Dockets.Justia.com 1 Having issued its Order granting Plaintiffs’ motion for final approval of the 2 Class Action Settlement Agreement dated December 26, 2017 (herein the 3 “Settlement”) in the above matter, the Court hereby orders and adjudges as follows: 4 1. The First Amended Complaint and all Released Claims asserted therein, 5 whether asserted by the Class Representatives on their own behalf or on behalf of the 6 Class Members, or derivatively to secure relief for the Plan, are dismissed with 7 prejudice, without costs to any of the Settling Parties other than as provided for in 8 this Settlement Agreement. 9 2. The Class Representatives and each Class Member and their respective 10 heirs, beneficiaries, executors, administrators, estates, past and present partners, 11 officers, directors, agents, attorneys, predecessors, successors, and assigns, shall be 12 (i) conclusively deemed to have, and by operation of the Effective Approval Order 13 shall have, fully, finally, and forever settled, released, relinquished, waived, and 14 discharged Defendants, the Plan, and the Released Parties from all Released Claims, 15 and (ii) barred and enjoined from suing Defendants, the Plan, or the Released Parties 16 in any action or proceeding alleging any of the Released Claims, even if any Class 17 Member may thereafter discover facts in addition to or different from those which 18 the Class Member or Class Counsel now know or believe to be true with respect to 19 the Action and the Released Claims, whether or not such Class Members have 20 executed and delivered a Former Participant Claim Form, whether or not such Class 21 Members have filed an objection to the Settlement, and whether or not the objections 22 or claims for distribution of such Class Members have been approved or allowed. 23 3. The Plan shall be (i) conclusively deemed to have, and by operation of 24 the Effective Approval Order shall have, fully, finally, and forever settled, released, 25 relinquished, waived, and discharged Defendants and the Released Parties from all 26 Released Claims, and (ii) barred and enjoined from suing Defendants or the Released 27 Parties in any action or proceeding alleging any of the Released Claims, even if the 28 Plan or any Class Member on behalf of the Plan may thereafter discover facts in -2- 1 addition to or different from those which the Plan or any Class Member now knows 2 or believes to be true with respect to the Action and the Released Claims. 3 4. Each Class Member shall release Defendants, Defense Counsel, Class 4 Counsel, the Released Parties, and the Plan from any claims, liabilities, and attorneys’ 5 fees and expenses arising from the allocation of the Gross Settlement Amount or Net 6 Settlement Amount and for all tax liability and associated penalties and interest as 7 well as related attorneys’ fees and expenses. 8 5. The Court finds that it has subject matter jurisdiction over the claims 9 herein and personal jurisdiction over the Defendants and the Class Members pursuant 10 to the provisions of ERISA, and expressly retains that jurisdiction for purposes of 11 enforcing this Final Approval Order and/or the Settlement Agreement 12 6. 13 satisfied. 14 7. The Court finds that all applicable CAFA requirements have been The Settlement Administrator shall have final authority to determine the 15 share of the Net Settlement Amount to be allocated to each Current Participant and 16 each Authorized Former Participant pursuant to the Plan of Allocation approved by 17 the Court. 18 8. With respect to payments or distributions to Authorized Former 19 Participants, all questions not resolved by the Settlement Agreement shall be resolved 20 by the Settlement Administrator in its sole and exclusive discretion. 21 9. Within twenty-eight (28) calendar days following the issuance of all 22 settlement payments to Class Members as provided by the Plan of Allocation 23 approved by the Court, the Settlement Administrator shall prepare and provide to 24 Class Counsel and Defense Counsel a list of each person who received a settlement 25 payment or contribution from the Qualified Settlement Fund and the amount of such 26 payment or contribution. 27 28 10. Upon the Effective Date of this Order under the Settlement Agreement, all Settling Parties, the Settlement Class, and the Plan shall be bound by the -3- 1 Settlement Agreement and by this Final Approval Order. 2 IT IS SO ORDERED. 3 4 5 Dated: July 30, 2018 Hon. Josephine L. Staton United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-
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