Case 7:19-cv-08785-CS Document 27 Filed 07/17/20 Page 1 of 9
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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` No. 7:19-cv-08785-CS
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`FINAL ORDER AND JUDGMENT
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`MICHELLE ANN CICCIARELLA and
`TANASHA RIETDYK, individually on
`behalf of all others similarly situated,
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`Plaintiffs,
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`– against –
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`CALIFIA FARMS, LLC,
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`Defendant.
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`On March 20, 2020, this Court granted the motion of Plaintiff Michelle Ann Cicciarella,
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`Tanasha Rietdyk, Daniel Mitchell, Adriana Pena, Kayla Villanueva, and Kristen Landeros
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`(“Plaintiffs”) for preliminary approval of the Settlement Agreement1 and certification of the
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`Settlement Class as defined below. See ECF No. 22.
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`Commencing on April 13, 2020, pursuant to the notice requirements in the Settlement
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`Agreement and the Preliminary Approval Order, KCC, LLC. (the “Settlement Administrator”)
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`began providing notice to Settlement Class Members in compliance with the Settlement
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`Agreement and the Notice Plan, due process, and Rule 23 of the Federal Rules of Civil Procedure.
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`See Declaration of Carla A. Peak re: Notice Procedures filed on May 28, 2020 (ECF No. 23-6).
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`1 Capitalized terms used in this Final Approval Order shall have the same meaning as defined in
`the Settlement Agreement unless otherwise expressly stated.
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`The notice:
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` (a) fully informed Settlement Class Members about the above captioned-action
`(“Action”) and the existence and terms of the Settlement Agreement;
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`(b) advised Settlement Class Members of their right to request exclusion from the
`Settlement and provided sufficient information so that Settlement Class Members were
`able to decide whether to accept the settlement, opt-out and pursue their own remedies, or
`object to the proposed settlement;
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`(c) provided procedures for Settlement Class Members to file written objections to the
`proposed settlement, to appear at the Final Approval Hearing, and to state objections to
`the proposed settlement; and
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`(d) provided the time, date, and place of the Final Approval hearing.
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`On July 9, 2020, the Court held a Final Approval hearing to determine whether the
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`proposed settlement is fair, reasonable and adequate and whether judgment should be entered
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`dismissing this Action with prejudice. The Court reviewed (a) the Motion for Final Approval
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`(ECF No. 23)(the “Motion”) and all supporting materials, including but not limited to the
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`Settlement Agreement; (b) objections and other correspondence from class members filed with the
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`Court; and (c) the Parties’ responses to the objections and other correspondence from class
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`members. The Court also considered the oral argument of counsel and any objectors who
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`appeared. Based on this review and the findings below, as well as those stated on the record at the
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`Final Approval hearing held on July 9, 2020, the Court finds good cause to grant the Motion.
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`IT IS HEREBY ORDERED:
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`1.
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`The Court has jurisdiction over the subject matter of this Action, all claims raised
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`therein, and all Parties thereto, including the Settlement Class.
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`2.
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`The Settlement Agreement is fair, reasonable, adequate and in the best interests of
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`Settlement Class Members. The Settlement Agreement was negotiated at arm’s length, in good
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`faith and without collusion, by capable and experienced counsel, with full knowledge of the facts,
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`the law, and the risks inherent in litigating the Action, and with the active involvement of the
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`Parties. Moreover, the Settlement Agreement confers substantial benefits on the Settlement Class
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`Members, is not contrary to the public interest, and will provide the Parties with repose from
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`litigation. The Parties faced significant risks, expense, and uncertainty from continued litigation
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`of this matter, which further supports the Court’s conclusion that the settlement is fair, reasonable,
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`adequate and in the best interests of the Settlement Class Members.
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`3.
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`The Court grants final approval of the Settlement Agreement in full, including but
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`not limited to the releases therein and the procedures for distribution of the Settlement Fund. All
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`Settlement Class Members are bound by this Final Approval Order and Judgment.
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`4.
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`The Parties shall carry out their respective obligations under the Settlement
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`Agreement in accordance with its terms. The relief provided for in the Settlement Agreement shall
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`be made available to the various Settlement Class Members submitting valid Claim Forms,
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`pursuant to the terms and conditions in the Settlement Agreement. The Settlement Agreement is
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`incorporated herein in its entirety as if fully set forth herein and shall have the same force and
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`effect of an order of this Court.
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`REQUESTS FOR EXCLUSION AND OBJECTIONS
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`5.
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`No Class Members requested exclusion from the Settlement. See Supplemental
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`Declaration of Carla A. Peak Re: Notice Procedures filed July 2, 2020 (ECF No. 25-1) at ¶ 7.
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`6.
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`The Court has considered all objections and for the reasons stated on the record at
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`the July 9, 2020 Final Approval hearing finds that they do not warrant or support rejection or non-
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`approval of the Settlement. All objections are hereby overruled in all respects. All persons who
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`did not object to the Settlement in the manner set forth in the Settlement Agreement are deemed
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`to have waived any objections, including but not limited to by appeal, collateral attack, or
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`otherwise.
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` CERTIFICATION OF THE SETTLEMENT CLASS
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`7.
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`Solely for purposes of the Settlement Agreement and this Final Approval Order and
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`Judgment, the Court hereby certifies the following Settlement Class:
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`All purchasers nationwide of all Califia Products listed in Exhibit A to the Settlement
`Agreement from August 7, 2014 through March 5, 2020.
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`The Settlement Class specifically excludes: (a) any claims for personal injury; (b) Defendant’s
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`officers, directors, employees and attorneys; (c) governmental entities; (c) and the Court, the
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`Court’s immediate family, and the Court’s staff.
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`8.
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`The Court incorporates its preliminary conclusions in the Preliminary Approval
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`Order (ECF No. 22) regarding the satisfaction of Federal Rules of Civil Procedure 23(a) and 23(b).
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`Because the Settlement Class is certified solely for purposes of settlement, the Court need not
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`address any issues of manageability for litigation purposes.
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`9.
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`The Court grants final approval to the appointment of Plaintiffs as the Class
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`Representatives and concludes that they have fairly and adequately represented the Settlement
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`Class and shall continue to do so.
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`10.
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`The Court grants final approval to the appointment of Michael R. Reese of Reese
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`LLP and Spencer Sheehan of Sheehan & Associates, P.C. as counsel for the Settlement Class.
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`Class Counsel have fairly and adequately represented the Settlement Class and shall continue to
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`do so.
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`11.
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`The Settlement Class described above is certified solely for the purpose of the
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`settlement described in the Settlement Agreement. The Court finds and orders that Defendant has
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`not conceded that this Action or any similar case is amenable to class certification for purposes of
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`litigation, and orders that nothing in this Final Order or in the Settlement Agreement shall prevent
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`Defendant or Plaintiffs from opposing or supporting class certification, or seeking decertification,
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`if this Final Order approving the Settlement Agreement is reversed or invalidated, on appeal or
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`otherwise, for any reason.
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`NOTICE TO THE CLASS
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`12.
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`The Court finds that the Notice Plan, set forth in the Settlement Agreement and
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`effectuated pursuant to the Preliminary Approval Order: (i) was the best notice practicable under
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`the circumstances; (ii) was reasonably calculated to provide, and did provide, due and sufficient
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`notice to the Settlement Class regarding the existence and nature of the Action, certification of the
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`Settlement Class for settlement purposes only, the existence and terms of the Settlement
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`Agreement, and the rights of Settlement Class members to exclude themselves from the Settlement
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`Agreement, to object and appear at the Final Approval Hearing, and to receive benefits under the
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`Settlement Agreement; and (iii) satisfied the requirements of the Federal Rules of Civil Procedure,
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`the United States Constitution, and all other applicable law.
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`13.
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`The Court finds that Defendant has satisfied the notice requirements of the Class
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`Action Fairness Act, 28 U.S.C. § 1715.
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`ATTORNEYS’ FEES AND COSTS, INCENTIVE AWARD
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`14.
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`The Court awards Plaintiffs’ Counsel for $750,000.00 in fees and reimbursement
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`expenses. The Court finds these amounts to be fair and reasonable. Payment shall be made from
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`pursuant to the procedures in Sections 6.1, 6.4 and 6.8 of the Settlement Agreement.
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`15.
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`The Court awards each of the Plaintiffs $5,000 (for a total of $30,000) as Incentive
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`Awards. The Court finds this amount is justified by Plaintiffs’ service to the Settlement Class.
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`Payment shall be made from the Settlement Fund pursuant to the procedures in Sections 6.2, 6.5
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`and 6.9 of the Settlement Agreement.
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`RELEASES
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`16.
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`The Court releases and forever discharges the Released Parties from each of the
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`Released Claims, as provided in the Settlement Agreement. The releasors are permanently barred
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`and enjoined from instituting, maintaining, or prosecuting, either directly or indirectly, any
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`litigation that asserts the Released Claims. This permanent bar and injunction is necessary to
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`protect and effectuate the Settlement Agreement, this Final Approval Order, and the Court’s
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`authority to effectuate the Settlement Agreement, and is ordered in aid of this Court’s jurisdiction
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`and to protect its judgments. The Released Claims shall be construed as broadly as possible to
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`ensure complete finality over this Action involving the advertising, labeling, and marketing of the
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`Products as set forth herein. The full terms of the release described in this paragraph are set forth
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`in Sections 2.33–2.34 and 8.1-8.6 of the Settlement Agreement and are specifically approved and
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`incorporated herein by this reference (the “Release”). In addition, Plaintiffs and each Settlement
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`Class Member are deemed to have waived (i) the provisions of California Civil Code § 1542,
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`which provides that a general release does not extend to claims that the creditor or releasing party
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`does not know or suspect to exist in his or her favor at the time of executing the release and that,
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`if known by him or her, would have materially affected his or her settlement with the debtor or
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`released party, and (ii) any similar federal or state laws, rights, rules, or legal principle that is
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`similar, comparable, or equivalent to California Civil Code § 1542.
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`OTHER PROVISIONS
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`17.
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`Subject to the terms and conditions of the Settlement Agreement, the Court enters
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`an injunction against Defendant requiring it to comply with the requirements in Section III of the
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`Settlement Agreement.
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`18.
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`The Settlement Agreement and this Final Approval Order, and all documents,
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`supporting materials, representations, statements and proceedings relating to the Settlement
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`Agreement, are not, and shall not be construed as, used as, or deemed evidence of, any admission
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`by or against Defendant of: (a) liability, fault, wrongdoing, or violation of any law, (b) the validity
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`or certifiability for litigation purposes of the Settlement Class, (c) the strength of any of the claims
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`or allegations in the Complaint or any other claims that could have been asserted in the Action, or
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`(d) the infirmity of any defenses to Plaintiffs’ claims or allegations.
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`19.
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`The Settlement Agreement and this Final Approval Order, and all documents,
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`supporting materials, representations, statements and proceedings relating to the Settlement shall
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`not be offered or received into evidence, and are not admissible into evidence, in any action or
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`proceeding, except that the Settlement Agreement and this Final Approval Order may be filed in
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`any action by Defendant or the Settlement Class Members seeking to enforce the Settlement
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`Agreement or the Final Approval Order. This Final Approval Order and the Settlement Agreement
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`may be pleaded as a full and complete defense to any action, suit, or other proceedings that has
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`been or may be instituted, prosecuted or attempted against the Released Parties in such capacity
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`with respect to any of the Released Claims, and may be filed, offered, received into evidence, and
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`otherwise used for such defense.
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`20.
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`The Court hereby dismisses the Action in its entirety with prejudice, and without
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`fees or costs except as otherwise provided for herein.
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`21. Without affecting the finality of this Final Approval Order, the Court will retain
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`jurisdiction over this Action and the Parties with respect to the interpretation, implementation and
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`enforcement of the Settlement Agreement for all purposes.
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`22.
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`Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, there is no just
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`reason for delay in the entry of this Final Approval Order and Judgment and immediate entry by
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`the Clerk of the Court is expressly directed.
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`NOW, THEREFORE, the Court hereby enters judgment in this matter pursuant to Rule
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`58 of the Federal Rules of Civil Procedure.
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`SO ORDERED this 17th day of July, 2020:
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`______________________________
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`Honorable Cathy Seibel
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`United States District Judge
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