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Gardner v. Country Club, Inc.

United States District Court, D. South Carolina, Florence Division

June 11, 2019

JACINDA GARDNER, individually and on behalf of all others similarly situated, Plaintiff,
v.
COUNTRY CLUB, INC., d/b/a MASTERS GENTLEMEN'S CLUB, Defendant.

          ORDER GRANTING FINAL APPROVAL OF CLASS SETTLEMENT, APPROVING ATTORNEY FEES, ATTORNEY EXPENSES, AND SERVICE AWARDS

          The Honorable Bruce Howe Hendricks United States District Judge

         This matter came before the Court on Plaintiff's Unopposed Motion for Final Approval of Settlement (ECF No. 195) (“Final Approval Motion”) and Plaintiff's Unopposed Motion for Award of Attorneys' Fees, Expenses, and Service Payments (ECF No. 194) (“Attorneys' Fee Motion”).

         WHEREAS, a putative class action is pending before the Court entitled Gardner v. Country Club, Inc. d/b/a Masters Gentlemen's Club, No. 2:13-cv-03399-BHH (United States District Court for the District of South Carolina, Florence Division); and

         WHEREAS, the Court has received and reviewed the Settlement Agreement entered into between the Class Representative and the Class Members on the one hand, and Country Club, Inc. (the “Agreement”) (ECF No. 190-3), and has considered the terms of the proposed settlement set forth therein (the “Settlement”); and

         WHEREAS, all terms used herein shall have the same meanings as set forth in the Agreement, unless otherwise defined herein; and

         WHEREAS, on February 8, 2019, the Court entered its order preliminarily approving the Settlement of this class action as set forth in the Agreement, approving the form and method of notice, and setting a date and time for a fairness hearing to consider whether the Settlement should be finally approved by the Court pursuant to Rule 23(e) of the Federal Rules of Civil Procedure as fair, adequate, and reasonable (ECF No. 191) (the “Preliminary Approval Order”); and

         WHEREAS, the Preliminary Approval Order further directed that all Class Members be given notice of the Settlement and of the date for the final fairness hearing; and

         WHEREAS, the Court has received the declaration of Jeffrey Mitchell of Analytics Consulting, LLC attesting to the provision of notice in substantial accordance with the Preliminary Approval Order; and

         WHEREAS, the Court previously certified this action as a Class and Collective Action (ECF Nos. 84, 135, 164); and

         WHEREAS, no objections to the Settlement were filed; and

         WHEREAS, two Class Members opted out of the action in response to the first notice of class action, and seven Class Members opted out of the action in response to the notice of settlement;

         WHEREAS, the Court having conducted a Final Fairness Hearing on June 11, 2019 (the “Final Approval Hearing”) and having considered the arguments presented, all papers filed, and all proceedings had therein;

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

         1. The Court has jurisdiction over the subject matter of this action, all Class Members who have not excluded ...


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