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Brady v. Air Line Pilots Association

United States District Court, D. New Jersey

May 29, 2014

PATRICK BRADY, et al., Plaintiffs,
v.
AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Defendant.

FINAL ORDER AND JUDGMENT

JOSEPH E. IRENAS, District Judge.

WHEREAS, a class action is pending in this Court entitled Brady, et al. v. Air Line Pilots Association, International, Civil Action No. 02-2917 (the "Action");

WHEREAS, by Order dated February 12, 2003, as amended by Order dated March 19, 2007, the Court certified the Action to proceed as a class action on behalf of all persons formerly employed as a pilot by TWA, Inc. and who became employed as a pilot by TWA, LLC as a result of the April 2001 asset sale between American Airlines and TWA, Inc. (the "Class")[1]; and

WHEREAS, pursuant to this Court's Order entered March 19, 2007, the Notice of Pendency of Class Action (the "Class Notice") was mailed to members of the Class to notify them of, among other things: (a) the Action pending against the Defendant, the Air Line Pilots Association, International; (b) the Court's certification of the Action as a class action; (c) the effect of remaining in the Class; and (d) the right of Class Members to request exclusion from the Class, the requirements for requesting exclusion, and the effect of exclusion;

WHEREAS, the parties agreed to settle this Action upon the terms and conditions set forth in the Settlement Agreement (the "Settlement"), a copy of which has been filed with the Court, subject to Court approval following Notice to the Class and a hearing; and

WHEREAS, by Order dated February 21, 2014 (the "Preliminary Approval Order"), this Court: (a) preliminarily approved the Settlement; (b) ordered that notice of the proposed Settlement be provided to members of the Class; and (c) scheduled a hearing for final approval of the Settlement;

WHEREAS, Class Counsel filed with the Court proof, by affidavit, of mailing of the Settlement Notice;

WHEREAS, due and adequate notice has been given to the Class;

WHEREAS the Court conducted a hearing on May 27, 2014 to consider, among other things: (a) whether the terms and conditions of the Settlement are fair, reasonable, and adequate, and should therefore be approved; (b) whether the Plan of Allocation proposed by Class Counsel is fair, reasonable, and adequate, and should be approved; (c) whether Class Counsel's Motion for an Award of Attorneys' Fees and Expenses should be granted; (d) whether Intervenor Cureton's motion to be awarded a percentage of the attorneys' fees should be granted; (d) whether Class Counsel's Motion for Named Plaintiff Incentive Awards should be granted; and (e) whether a final judgment should be entered dismissing the Action with prejudice, pursuant to the Settlement; and

WHEREAS, this Court has issued multiple decisions addressing factual and legal issues in the case, presided over a five-week jury trial on liability, and is familiar with the strengths and weaknesses of the parties' claims and defenses; and

WHEREAS, the Court has carefully reviewed the Settlement, as well as the proceedings to date in this case, and listened to oral presentations by Class Counsel, counsel for Intervenor, and by Named Plaintiffs, Patrick Brady and Howard Hollander, and former Named Plaintiff Matthew Comlish; and

WHEREAS, the Court orally stated its findings and holdings in open Court on all issues except the Plan of Allocation, and which it now wishes to memorialize in this written Order and Judgment.

IT IS on this 29th day of May, 2014,

HEREBY ORDERED AND ADJUDGED ...


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