Ejnes, et al v. Hapka, et al
|Catherine Hapka, Steve Stringer, Scott C. Chandler and John W. Braukman
|January 23, 2002
|US District Court for the District of Colorado
|XX US, Outside State
|John L. Kane
|Nature of Suit:
|Cause of Action:
|15 U.S.C. § 78
|Jury Demanded By:
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|April 3, 2009
ORDER and Final Judgment: The Court has jurisdiction over the subject matter of the Action, the Class Representative, all Class Members, and the Defendants. The Court, having previously found that this Action meets the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure for certification as a class action, and having previously directed notice of the pendency of this Action as a class action be given to the members of the Class and such notice having been given, now f inds again and finally confirms that the prerequisites for a class action under Federal Rules of Civil Procedure 23 (a) and (b)(3) have been satisfied in that: i) the number of Class Members is so numerous that joinder of all members thereof is impra cticable; ii) there are questions of law and fact common to the Class; iii) the claims of the Class Representative are typical of the claims of the Class he seeks to represent; iv) the Class Representative and Plaintiffs Co-Lead Counsel have and will fairly and adequately represent the interests of the Class; v) the questions of law and fact common to the members of the Class predominate over any questions affecting only individual members of the Class; and vi) a class action is superior to othe r available methods for the fair and efficient adjudication of the controversy. See order and judgement for details. The Court finds that all parties and their counsel have complied with each requirement of Rule 11 of the Federal Rules of Civil Proce dure as to all proceedings herein. Plaintiffs Counsel are hereby awarded 30 % of the Gross Settlement Fund, which sum the Court finds to be fair and reasonable, and $ 2,000,772.15 in reimbursement of expenses, which expenses shall be paid t o Plaintiffs Co-Lead Counsel from the Gross Settlement Fund with interest from the date such Settlement Fund was funded to the date of payment at the same net rate that the Settlement Fund earns. Class Representative John Brown is hereby awarded 6; 135,084.00. Exclusive jurisdiction is hereby retained over the parties and the Class Members for all matters relating to this Action, including the administration, interpretation, effectuation or enforcement of the Stipulation and this Order and F inal Judgment, and including any application for fees and expenses incurred in connection with administering and distributing the settlement proceeds to the members of the Class. Without further order of the Court, the parties may agree to reasonable extensions of time to carry out any of the provisions of the Stipulation, by Judge John L. Kane on 04/03/09. (wjc, )
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