Free Memorandum - District Court of Arizona - Arizona

Case 2:03—cv—02262—ROS Document 339-2 Filed 08/29/2007 Page 1 of 3

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8 1 IN THE UNITED STATES DISTRICT COURT
9 1 FOR THE DISTRICT OF ARIZONA
10 KAYE HUTTON, as an individual and No. CV2003-2262-PHX—ROS
i a representative of a class of others
11 similarly situated,
12 Plaintiff [PROPOSED] ORDER
13 vs.
14 BANK OF AMERICA, N.A.,
15 Defendant
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17 The Court, having considered the parties' Joint Motion Requesting
18 Preliminary Approval of Proposed Collective Settlement Agreement filed May 16,
19 2007, the arguments and discussion with counsel at the status hearing on
20 July 24, 2007, and the Memorandum in Support of Attorneys’ Fees for Collective
21 Counsel, hereby orders as follows:
22 It is Ordered, granting final approval to the Collective Settlement
23 Agreement Between Plaintiffs and Defendant Bank of America, previously
24 submitted to the Court.
25 It is Ordered, granting approval of the amount of the attorneys’ fees
26 sought within the Collective Settlement Agreement in the total amount of One
27 N Million Thirty-Two Thousand Six-Hundred Dollars ($1,032,600.00), to be paid to
28 Collective Counsel pursuant to the terms of the Settlement Agreement.
as(g72i?JI3?éQ;§02262—ROS Document 339-2 Filed 08/29/2007 Page 2 of 3

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1 It is Ordered, granting approval of the amount of One-Hundred
2 Thirty-Five Thousand Dollars ($135,000.00) in litigation expenses and costs
3 advanced.
4 It is Ordered, granting approval of the final amount of Four Thousand
5 Dollars ($4,000.00), to be paid to the Claims Administrator to administer the
6 l net settlement amount.
7 It is Ordered granting approval of the amount of Seventy-Five Thousand
8 Dollars ($75,000.00) to be paid to the collective class representative Kaye
9 Hutton as an incentive award;
10 It is Ordered that the Defendant (after payment of the Collective
11 representative incentive award, payment of p|aintiff’s attorneys’ fees and costs,
12 and payment of the claims administrator costs) to pay the net settlement
13 amount to members of Settling Collective who returned the Release in a timely
14 manner as wages and by check issued by Defendant and less standard
15 employee deductions required by law for Arizona income tax withholding, for
16 federal income tax withholding, for Medicare, and for FICA (the "SettIement
17 Checks"), and distributed by the Claims Administrator, in accordance with the
18 terms of the Collective Settlement Agreement;
19 It is Ordered that the Defendant be allowed to retain Fifty-Nine Thousand
20 Five-Hundred Eighty-Six Dollars and Ninety-Two Cents ($59,586.92) of the net
21 settlement amount representing the share of the one opt—in who elected not to
22 share in the settlement fund; and
23 It is Ordered that the Parties submit a Notice of Performance of
24 Settlement Payment Terms, along with a form of Judgment of Dismissal with
25 Prejudice, no later than __;.
26 DATED this ;_ day of August, 2007.
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$ Roslyn O. Silver, United States District Judge
T 3087656vl(550l3.l) - 2 - _
•l. 2:03—cv—02262—FlOS Document 339-2 Filed 08/29/2007 Page 3 of 3

Case 2:03-cv-02262-ROS

Document 339-2

Filed 08/29/2007

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Case 2:03-cv-02262-ROS

Document 339-2

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Case 2:03-cv-02262-ROS

Document 339-2

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