Travis v. Mittelstaedt et al, No. 2:2006cv02341 - Document 105 (E.D. Cal. 2009)
Court Description: FINAL JUDGMENT AND ORDER OF Dismissal with prejudice signed by Judge John A. Mendez on 7/15/2009. Civil Case Terminated. CASE CLOSED. (Matson, R)
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Travis v. Mittelstaedt et al Doc. 105 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 KENNETH TRAVIS, Derivatively on Behalf ) 11 of WASTE CONNECTIONS, INC., ) ) 12 Plaintiff, ) ) 13 vs. ) ) 14 RONALD J. MITTELSTAEDT, et al., ) ) 15 Defendants, ) ) 16 – and – ) ) 17 WASTE CONNECTIONS, INC., a Delaware ) corporation, ) 18 ) Nominal Defendant. ) 19 ) No. 2:06-cv-02341-JAM-GGH Consolidated Action FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE DATE: July 15, 2009 TIME: 9:00 a.m. COURTROOM: The Honorable John A. Mendez 20 21 22 23 24 25 26 27 28 PDF created with pdfFactory trial version www.pdffactory.com Dockets.Justia.com 1 This matter came before the Court for hearing pursuant to the Order of this Court, entered 2 May 22, 2009 (“Order”), on the application of the parties for approval of the settlement 3 (“Settlement”) set forth in the Stipulation of Settlement dated March 19, 2009 (the “Stipulation”). 4 Due and adequate notice having been given to the current Waste Connections, Inc. (“Waste 5 Connections”) shareholders as required in said Order, and the Court having considered all papers 6 filed and proceedings had herein and otherwise being fully informed in the premises and good cause 7 appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 8 1. This Judgment incorporates by reference the definitions in the Stipulation, and all 9 capitalized terms contained herein shall have the same meanings as set forth in the Stipulation (in 10 11 addition to those capitalized terms defined herein). 2. This Court has jurisdiction over the subject matter of the Federal Action, including all 12 13 14 15 matters necessary to effectuate the Settlement, and over all parties to the Federal Action, including the Plaintiffs, the current Waste Connections shareholders and the Defendants. 3. The Federal Action and all claims contained therein, as well as all of the Released 16 Claims, are dismissed with prejudice. As between Plaintiffs and Defendants, the parties are to bear 17 their own costs, except as otherwise provided in the Stipulation regarding Plaintiffs’ Counsel’s 18 attorneys’ fees and expenses. 19 4. The Court finds that the Stipulation and Settlement are fair, reasonable and adequate 20 21 as to each of the Settling Parties, and hereby finally approves the Stipulation and Settlement in all 22 respects, and orders the Settling Parties to perform its terms to the extent the Settling Parties have 23 not already done so. 24 5. Upon the Effective Date, the Plaintiffs (acting on their own behalf and derivatively on 25 behalf of Waste Connections) and Waste Connections shall have, and each Waste Connections 26 shareholder shall be deemed to have and by operation of the Judgment shall have, fully, finally, and 27 forever released, relinquished and discharged (i) the Released Claims against the Released Persons; 28 [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE - No. 2:06-cv-02341-JAM-GGH PDF created with pdfFactory trial version www.pdffactory.com -1- 1 and (ii) any and all claims (including Unknown Claims) arising out of, relating to, or in connection 2 with, the defense, settlement or resolution of the Actions, against the Released Persons. Nothing 3 4 herein shall in any way impair or restrict the rights of any Settling Party to enforce the terms of the Stipulation. 5 6 7 6. Upon the Effective Date, each of the Released Persons shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished and 8 discharged each and all of the Plaintiffs and Plaintiffs’ Counsel from all claims (including Unknown 9 Claims) arising out of, relating to, or in connection with, the institution, prosecution, assertion, 10 settlement or resolution of the Actions or the Released Claims. Nothing herein shall in any way 11 impair or restrict the rights of any Settling Party to enforce the terms of the Stipulation. 12 7. The Court finds that the notice given to current Waste Connections shareholders was 13 14 the best notice practicable under the circumstances. Said notice also provided the best notice 15 practicable under the circumstances of these proceedings and of the matters set forth therein, 16 including the proposed Settlement set forth in the Stipulation, to all Persons entitled to such notice, 17 and said notice fully satisfied the requirements of Federal Rule of Civil Procedure 23.1 and the 18 requirements of due process. 19 8. The Court hereby approves the fee award in the amount of $3,000,000 in accordance 20 with the Stipulation and finds that such fee is reasonable. 21 22 9. Neither the Stipulation nor the Settlement, nor any act performed or document 23 executed pursuant to or in furtherance of the Stipulation or the Settlement: (a) is or may be deemed 24 to be or may be offered, attempted to be offered or used in any way by the Settling Parties as a 25 presumption, a concession or an admission of, or evidence of, any fault, wrongdoing or liability of 26 27 28 the Defendants; or of the validity of any Released Claims; or (b) is intended by the Settling Parties to be offered or received as evidence or used by any other person in any other actions or proceedings, [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE - No. 2:06-cv-02341-JAM-GGH PDF created with pdfFactory trial version www.pdffactory.com -2- 1 whether civil, criminal or administrative. Released Persons may file the Stipulation and/or this 2 Judgment in any action that may be brought against them in order to support a defense or 3 4 counterclaim based on principles of res judicata, collateral estoppel, full faith and credit, release, good faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue 5 6 7 preclusion or similar defense or counterclaim. 10. During the course of the litigation, the parties and their respective counsel at all times 8 complied with the requirements of Federal Rule of Civil Procedure 11 and all other similar laws. 9 11. Without affecting the finality of this Judgment in any way, this Court hereby retains 10 continuing jurisdiction over the Federal Action and the parties to the Stipulation to enter any further 11 orders as may be necessary to effectuate the Stipulation, the Settlement provided for therein and the 12 provisions of this Judgment. 13 14 12. This Judgment is a final, appealable judgment and should be entered forthwith by the 15 Clerk in accordance with Rule 58, Federal Rules of Civil Procedure. 16 IT IS SO ORDERED. 17 DATED: July 15, 2009 18 19 20 /s/ John A. Mendez___________________ THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE Submitted by: Respectfully submitted, COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP RANDI D. BANDMAN 22 9601 Wilshire Blvd., Suite 510 Los Angeles, CA 90210 23 Telephone: 310/859-3100 310/278-2148 (fax) 24 21 25 26 27 28 [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE - No. 2:06-cv-02341-JAM-GGH PDF created with pdfFactory trial version www.pdffactory.com -3- 1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP TRAVIS E. DOWNS III 3 JAMES I. JACONETTE ELLEN GUSIKOFF STEWART 4 BENNY C. GOODMAN III 2 5 6 s/ Ellen Gusikoff Stewart ELLEN GUSIKOFF STEWART 7 655 West Broadway, Suite 1900 San Diego, CA 92101 8 Telephone: 619/231-1058 619/231-7423 (fax) 9 COUGHLIN STOIA GELLER 10 RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS 11 100 Pine Street, Suite 2600 San Francisco, CA 94111 12 Telephone: 415/288-4545 415/288-4534 (fax) 13 BARROWAY TOPAZ KESSLER 14 MELTZER & CHECK, LLP ALAN R. PLUTZIK 15 NICHOLE T. BROWNING 2125 Oak Grove Road, Suite 120 16 Walnut Creek, CA 94598 Telephone: 925/945-0200 17 925/945-8792 (fax) 18 BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 19 ERIC L. ZAGAR J. DANIEL ALBERT 20 280 King of Prussia Road Radnor, PA 19087 21 Telephone: 610/667-7706 610/667-7056 (fax) 22 Attorneys for Plaintiffs 23 24 S:\Settlement\Waste Connections.set\ORD JDG 00060235.doc 25 26 27 28 [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE - No. 2:06-cv-02341-JAM-GGH PDF created with pdfFactory trial version www.pdffactory.com -4- 1 2 CERTIFICATE OF SERVICE I hereby certify that on June 24, 2009, I electronically filed the foregoing with the Clerk of 3 the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the 8 foregoing is true and correct. Executed on June 24, 2009. 9 10 11 s/ Ellen Gusikoff Stewart ELLEN GUSIKOFF STEWART 14 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) 15 E-mail:elleng@csgrr.com 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 PDF created with pdfFactory trial version www.pdffactory.com
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