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Martinez v. MXI Corp

United States District Court, D. Nevada

February 28, 2017

ENRIQUE MARTINEZ, et al., Plaintiffs,
v.
MXI CORP., et al., Defendants.

          ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT, SETTLEMENT CLASS CERTIFICATION AND JUDGMENT

          MIRANDA M. DU, United States District Judge

         WHEREAS, Plaintiffs Enrique Martinez, Michelle Martinez, Sunshine Martinez-Valdez, Beckie Lobb, and Paula Wilson (“Plaintiffs” or “Class Representatives”), individually and on behalf of all others similarly situated, on the one hand, and Defendants (a) MXI Corp., Jeannette Brooks, Martin Brooks, and Andrew Brooks (collectively, the “MXI Defendants”), (b) Paula Pritchard, Kathleen Robbins, Ian Murray, Judy Murray, Sandy Chambers, and Kerry Dean (collectively, the “Pritchard Defendants”), (c) Adam Paul Green, Derrick Winkel, Paul Engemann, and Felix Gudino (collectively, the “Green Defendants”), and (d) Jeremy Reynolds, Dr. Gordon Pedersen, Connie Hollstein, Sherman Smith, Ruth Smith, William “Butch” Swaby, and Glen Overton (collectively, the “Reynolds Defendants, ” and together with the MXI Defendants, Prichard Defendants, and Green Defendants, the “Defendants”), on the other hand, entered into a Settlement Agreement, filed November 3, 2016; WHEREAS, on November 21, 2016, this Court entered an Order Scheduling Fairness Hearing, Granting Preliminary Approval of Class Action Settlement, Conditionally Certifying the Settlement Class, and Providing for Notice (the “Preliminary Approval Order”) (ECF No. 162); WHEREAS, the Class Representatives have filed a Joint Motion for Final Approval of the Class Action Settlement; WHEREAS, on February 27, 2017, this Court held a Fairness Hearing1 to consider the following issues, among others:

(1) Whether to finally certify the Class for settlement purposes;
(2) Whether the terms of the Settlement Agreement are fair, reasonable, and adequate for the settlement of the claims being released by the Class, including all claims alleged in the First Amended Complaint filed in this Action;
(3) Whether to enter the Injunctive Relief set forth in the Settlement Agreement;
(4) Whether to direct the Parties to consummate the Settlement Agreement pursuant to its terms;
(5) Whether to find that the notice provided the Class Members constituted due, adequate, and sufficient notice of the Settlement Agreement, meeting the requirements of due process and the Federal Rules of Civil Procedure (the “Rules”);
(6) Whether to direct that the releases set forth in the Settlement Agreement be deemed effective as of the Effective Date;
(7) Whether judgment should be entered dismissing the First Amended Complaint and on the merits with prejudice, without fees or costs to any party except as the Court may award Class Counsel or the Class Representatives from the Settlement Fund;
(8) Whether, without affecting the finality of any order granting final approval of the Settlement Agreement and dismissing the Action, retain jurisdiction as to all matters relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement and this Order, and for any other necessary purpose; and
(9) Incorporate any other provisions into the Final Order And Judgment that the Court deems necessary and just.

         WHEREAS, the Court considered all objections to the Settlement Agreement submitted by Class Members; WHEREAS, the Court considered the Settlement Agreement, all materials submitted by the Parties in support of the Settlement Agreement, and the record as a whole, and the lack of any objection.

         NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED as follows:

         1. The Court has jurisdiction over the subject matter and parties to this proceeding, including all members of the Settlement ...


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