Coleman et al v. Railworks Corporation et al, No. 1:2020cv02428 - Document 41 (S.D.N.Y. 2021)

Court Description: FINAL JUDGMENT AND ORDER OF DISMISSAL: IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: For purposes of this Final Judgment and Order of Dismissal ("Judgment"), the Court adopts all defined terms as set forth in the Sett lement Agreement filed in this case. This action is dismissed with prejudice. The Parties are to bear their own attorney's fees and costs, except as otherwise expressly provided in the Settlement Agreement and in this Judgment; as further set forth herein. Upon consideration of Plaintiffs' Motion for Award of Attorneys' Fees and Costs, the Motion is GRANTED. Consistent with Paragraph 51 of the Settlement Agreement, Defendants shall pay Cla ss Counsel $493,000 in attorneys' fees, costs, and litigation expenses, consistent with the terms of the Settlement Agreement. Per the Settlement Agreement, this award shall be paid separate and apart from the Settlement consideratio n received by members of the Settling Class. Upon consideration of Plaintiffs' Motion for Incentive Payments to Class Representatives, the request is GRANTED. Consistent with the terms of Paragraph 51 of the Settlement Agreement Defendants shall pay Plaintiffs Cornelius Coleman and Linda Horan Incentive Payments in the amount of $5,000 each. Per the Settlement Agreement, these Incentive Payments shall be paid separate and apart from the Settlement considerat ion received by members of the Settling Class. The Court reserves jurisdiction, without affecting in any way the finality of this Order and Judgment, over (a) the implementation and enforcement of this Settlement; (b) enforcing and administering this Order and Judgment; (c) enforcing and administering the Settlement Agreement, including any releases executed in connection therewith; and (d) other matters related or ancillary to the foregoing. There is no just reason for delay in the entry of this Order and Judgment and immediate entry by the Clerk of the Court is expressly directed. (Signed by Judge George B. Daniels on 5/13/2021) (Attachments: # 1 Appeal Package) (mro)