EDUARDO C. ROBRENO
ORDER
AND NOW, this 26th day of June, 2012, upon consideration of Plaintiffs' Motion for Final Certification and Approval of Settlement and Attorneys' Fees (ECF No. 52) and for the reasons set forth in the Court's accompanying Memorandum Opinion, it is hereby ORDERED as follows:
1. For purposes of this Action, this Court has subject matter jurisdiction and, for purposes of the settlement only, this Court has personal jurisdiction over the Parties, including all members of the Settlement Class.
2. The Court finds that the distribution of the Revised Notice of Pendency of Class Action, Settlement, Hearing Date for Court Approval and Claims Procedure, as provided for in the Order Granting Preliminary Approval of the Settlement, ECF Nos. 43, 44, constituted the best notice practicable under the circumstances to the Settlement Class and constituted due and sufficient notice to all persons entitled thereto.
3. For purposes of this settlement only, this Court certifies the following Settlement Class: "All current and former operations and laboratory employees employed by Defendant at its Philadelphia Refinery at any time from February 24, 2007 through the present." Joint Stipulation of Settlement and Release ¶ 3, Pls.' Mot. for Preliminary Approval of Settlement Ex. 1, ECF No 39-1. The Settlement Class is certified pursuant to Federal Rule of Civil Procedure 23(b)(3).
4. This Court finds, solely for purposes of this settlement, that the Action may be maintained as a class action on behalf of the Settlement Class because: (a) the Settlement Class is so numerous that joinder of all members of the Settlement Class in the Action is impracticable; (b) there are questions of law and fact common to the members of the Settlement Class that predominate over any individual questions; (c) Plaintiffs' claims are typical of the claims of the Settlement Class; (d) Plaintiffs and Class Counsel have fairly and adequately represented and protected the interests of the Settlement Class; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
5. This Court approves the Settlement Agreement as being fair, reasonable, and adequate.
It is hereby further ORDERED that Plaintiffs' Motion for Final Approval of Class Action Settlement and for Attorneys' Fees (ECF No. 52) is GRANTED in part and DENIED in part as follows: (1) the final sentence of the Release class Plaintiffs signed, see Claim Form 2, Pls.' Mot. for Preliminary Approval of Settlement Ex. 4, ECF No. 39, shall read: "Further you agree not to make any statement that contradicts the terms of the Settlement Agreement." (2) Plaintiffs' motion is otherwise GRANTED and the Court APPROVES the proposed Settlement Agreement (attached hereto as Exhibit A).
It is hereby further ORDERED that Philadelphia Area Project on Occupational Safety and Health is DESIGNATED the cy pres beneficiary to any reversionary interest from the settlement fund.
It is hereby further ORDERED that the case is DISMISSED with prejudice. The Court shall retain jurisdiction to implement the terms of the settlement agreement. The Clerk of Court shall mark the case CLOSED.
AND IT IS SO ORDERED.
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EDUARDO C. ROBRENO , J.