Duchitanga et al v. Lloyd et al, No. 1:2018cv10332 - Document 124 (S.D.N.Y. 2022)

Court Description: ORDER AND FINAL JUDGMENT: IT IS ORDERED AND ADJUDGED that the notice plan as set forth in the plaintiffs' motion for preliminary approval-and as carried out by the parties subsequent to this Court's order preliminarily approving the Settle ment Agreement-was reasonably calculated, under the circumstances, to apprise the settlement class of the pendency of this litigation and terms of the Settlement Agreement, and the rights of class members to object to any party of the Settlement Ag reement and to appear (either on their own or through counsel hired at their own expense) at the final approval hearing on July 28, 2022; and IT IS FURTHER ORDERED AND ADJUDGED that the notice provided fully satisfied the requirements of the U.S. C onstitution (including the Due Process Clause), Federal Rule of Civil Procedure 23, and any other applicable law; and IT IS FURTHER ORDERED AND ADJUDGED that the Motion is GRANTED; and IT IS FURTHER ORDERED AND ADJUDGED that this Court hereby approve s the Settlement Agreement as fair, reasonable, and adequate in light of all the relevant considerations;and IT IS FURTHER ORDERED AND ADJUDGED that the Court certifies the following class for settlement purposes, "all Unaccompanied Children wh o are or will be in ORR custody whose release is contingent on fingerprint-based background checks," because the class satisfies Federal Rule of Civil Procedure 23 and for the same reasons the Court conditionally certified the same class in its Preliminary Approval Order. The Court also appoints the plaintiffs' counsel as class counsel for the settlement class and appoints the named plaintiffs as class representatives for the settlement class; and IT IS FURTHER ORDERED AND ADJUDGED that the instant action is dismissed with prejudice pursuant to the terms of the Settlement Agreement (ECF ll0-l); and FINALLY, attached to this Order and Judgment is a copy of the parties' executed Settlement Agreement, which this Court hereby SO ORDERS. So constitutes the opinion of this Court. SO ORDERED., Motions terminated: 120 MOTION to Approve UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. (Signed by Judge Paul A. Crotty on 7/28/2022) (ama)