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07-788 - Todd v. Retail Concepts, Inc. et al


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07-788 - Todd v. Retail Concepts, Inc. et al
March 21, 2008
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ORDER: On 3/19/08, Tracy Shaw, who conducted the mediation in this case, called the Court to advise that the parties had reached a class settlement, contingent upon Court approval. In the event that the parties file a consent to proceed before the Magistrate Judge and the case is reassigned to the Magistrate Judge upon such consent, a tentative hearing is scheduled on 3/27/08 at 11:00 a.m., in Courtroom 764, to consider preliminary approval of the proposed class settlement. Signed by Judge Juliet E. Griffin on 3/21/08. (jb)
April 2, 2008
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ORDER: The 3/27/08 Hearing to address preliminary approval of the proposed class settlement, in the event that the case was referred to the Magistrate Judge upon the parties' consent was cancelled. The Parties filed a 54 joint motion for preliminary approval of class action settlement, with an attached proposed order for the approval of the Honorable Robert L. Echols. The Magistrate Judge has also been advised that counsel have called Judge Echols' office and indicated that the parties do not intend to consent to proceed before the Magistrate Judge. Therefore, unless otherwise directed by the Court or upon motion of the parties, there will be no further proceedings before the Magistrate Judge in this case. Signed by Magistrate Judge Juliet E. Griffin on 4/2/08. (jb)
August 22, 2008
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MEMORANDUM. Signed by Senior Judge Robert Echols on 8/22/08. (tmw)
August 22, 2008
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FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: In accordance with the Memorandum entered contemporaneously herewith, the Settlement Agreement dated 3/27/08, provides for the Settlement of this lawsuit on behalf of the Litigation Class Representatives and the Class Members, subject to approval by this Court of its terms and to the entry of this Final Judgment. The objs filed by the AG of TX 63 are OVERRULED; Pltf's Motion for Final Approval of Proposed Class Action Settlement 64 is GRANTED; The class proposed for purposes of the Settlement meets the requirements, and hereby certifies a settlement class in this matter; This Court approves the Settlement and all terms set forth in the parties Settlement Agreement. The Parties to the Settlement Agreement are directed to consummate and perform its terms; This entire matter is hereby DISMISSED WITH PREJUDICE and without costs to any party; Pltf's Motion For Award of Atty's Fees and Expenses and Payment of Pltf Incentive Award 65 is hereby GRANTED IN PART and DENIED IN PART. The Motion is GRANTED in that Retail Concepts will pay an incentive payment of $3,000 to Pltf, and Retail Concepts will pay atty's fees to Litigation Class Counsel in the total amount of $104,713.75. The Motion is DENIED in that the Court will not apply a multiplier to the lodestar atty's fee amount as requested and the Court will not award any litigation expenses to Pltf as requested. If the Effective Date of the Settlement Agreement does not occur for any reason whatsoever, this Final Judgment and the Preliminary Approval Order shall be deemed vacated and shall have no force and effect whatsoever. The Parties having so agreed, good cause appearing, and there being no just reason for delay, it is expressly directed that this Final Judgment and Order of Dismissal With Prejudice be, and hereby is, ENTERED on the docket as a final order subject to appeal pursuant to Fed Rules of Civil Procedure 58 and 79(a). Signed by Senior Judge Robert Echols on 8/22/08. (tmw)