Pearlstein v. Blackberry Limited et al, No. 1:2013cv07060 - Document 837 (S.D.N.Y. 2022)

Court Description: FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: 1. This Judgment incorporates by reference the definitions in the Stipulation, and all capitalized terms used herein shall have the same meanin gs set forth in the Stipulation. 2. This Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including Class Members. 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby appro ves the Settlement and finds that said Settlement is, in all respects, fair, reasonable, adequate to, and in the best interests of the Lead Plaintiffs, the Released Plaintiffs' Parties, and each of the Class Members. This Court further finds the Settlement is the result of arm's length negotiations between experienced counsel representing the interests of the Lead Plaintiffs, the Released Plaintiffs' Parties, the Class Members, and Defendant BlackBerry. Accordingly, the Settlement is hereby approved in all respects and shall be consummated in accordance with its terms and provisions. The Settling Parties are hereby directed to perform the Stipulation. The Action and all claims contained therein, as well as all the Settled Cl aims, are dismissed with prejudice as against each and all of the Released Defendant Parties, including BlackBerry, Thorsten Heins, Brian Bidulka, and Steve Zipperstein. Lead Plaintiffs, the Released Plaintiffs' Parties, and the Class will not m ake applications against any of Released Defendant Parties, and Defendant BlackBerry will not make applications against the Lead Plaintiffs or the Released Plaintiffs' Parties for fees, costs, or sanctions pursuant to Rule 11, Rule 37, Rule 45 o r any other court rule or statute, with respect to any claims or defenses in this Action or to any aspect of the institution, prosecution, or defense of this Action. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Proced ure, the Court finds and concludes that due and adequate notice was directed to all Class Members advising them: (a) that Lead Counsel would seek an award of attorneys' fees of up to one-third (33 1/3 %) of the Settlement Fund on behalf of Plaintiffs' Counsel, and reimbursement of expenses incurred in connection with the prosecution of the Action not to exceed $4,500,000, Lead Plaintiffs and Class Representatives would seek compensatory awards not to exceed $125,000 each ; and (b) that Class Members had a right to object to such application(s). A full and fair opportunity was given to all Persons who are Class Members to be heard with respect to the application for the award of attorneys' fees and expenses. The Court finds and concludes that the requested fee award is reasonable and awards attorneys' fees of 33-1/2% percent of the Settlement Fund, plus reimbursement of expenses in the amount of $4,278,824.37 both to be paid from the Settlemen t Fund pursuant to the Stipulation, upon entry of this Order, and awards Lead Plaintiff and Class Representative Todd Cox a compensatory award of $100,000 and Lead Plaintiff and Class Representative Mary Dinzik a compensatory award of $100 ,000 to be paid after the Effective Date. This Action is hereby dismissed in its entirety with prejudice as to all Defendants. There is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, (as further set forth herein). (Signed by Judge Colleen McMahon on 9/29/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.