Pursuant to Fed. R. CIV. P. 23(e), the Court finds that the Settlement embodied in the Settlement Agreement is fair, reasonable, and adequate to the Plan and the Settlement Class, and more particularly finds that:
Pursuant to Fed. R. Civ. P. 23(e)(1)(B), based on “the parties’ showing that the court will likely be able to (i) approve the proposal[s] under Rule 23(e)(2); and (ii) certify the 2 For the avoidance of doubt, the Columbia University “Officers” excluded from the Class are members of the Senior Administration of Columbia University, and do not include exempt employees of Columbia University who are referred to as officers. class for purposes of judgment on the proposal[s],” the Court hereby preliminarily approves the Settlements, as embodied in the Settlement Agreements between Plaintiffs and the Settling Universities.
Pursuant to Fed. X. Xxxx. P. 11(c)(1)(C) and subject to the full, truthful, and continuing cooperation of the defendant and its related entities, as defined in Paragraph 13 of this Plea Agreement, the United States and the defendant agree that the appropriate disposition of this case is, and agree to recommend jointly that the Court impose, a sentence requiring the defendant to pay to the United States a criminal fine of $107,923,572, pursuant to 18 U.S.C. § 3571(d), payable in full before the fifteenth (15th) day after the date of judgment (“the recommended sentence”). The parties agree that there exists no aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the U.S. Sentencing Commission in formulating the Sentencing Guidelines justifying a departure pursuant to U.S.S.G. § 5K2.0. The parties agree not to seek at the sentencing hearing any sentence outside of the Guidelines range nor any Guidelines adjustment for any reason that is not set forth in this Plea Agreement. The parties further agree that the recommended sentence set forth in this Plea Agreement is reasonable.
Pursuant to Fed. R. Civ. P. 23(e), the terms of the Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because:
Pursuant to Fed. R. Civ. P. 23, the Court hereby approves and confirms the settlement embodied in the Settlement Agreement as being a fair, reasonable and adequate settlement and compromise of the Action, adopts the Settlement Agreement as its judgment, and orders that the Settlement Agreement shall be herewith effective, binding, and enforced according to its terms and conditions.
Pursuant to Fed. X. Xxxx. P. 11(c)(1)(B OR C) and subject to the full, truthful, and continuing cooperation of the defendant, as defined in Paragraph 13 of this Plea Agreement, [if a Fed. X.
Pursuant to Fed. X. Xxxx. 502(d), the production of any documents in this 17 proceeding shall not, for the purposes of this proceeding or any other federal or state proceeding, 18 constitute a waiver by the producing party of any privilege applicable to those documents, 19 including the attorney-client privilege, attorney work-product protection, or any other privilege 20 or protection recognized by law. Information produced in discovery that is protected as 21 privileged or work product shall be immediately returned to the producing party, and its 22 production shall not constitute a waiver of such protection. 1 RESPECTFULLY SUBMITTED AND DATED this 20th day of July, 2022. 2 XXXXXXX EMPLOYMENT LAW PLLC 3 By: s/ Xxxxxxx Xxxxxx Xxxxxxx, Jr. 0 Xxxxxxx Xxxxxx Xxxxxxx, Jr., WSBA No. 44571 0000 Xxxxx Xxxxxx XX, Xxxxx 000 0 Xxxxxxx, XX 00000 Telephone: (000) 000-0000 6 E-Mail: xxx@xxxxxxxxxxxxxxxxxxxx.xxx 7 XXXXX & XXXX, X.X. By: s/ Xxxxxxx Xxxx 9 Xxxxxxx X. Xxxx, WSBA No. 28946 10 000 Xxxxxx Xxxxxx N., Suite 201 Seattle, WA 98109 11 Telephone: (000) 000-0000 Fax: (000) 000-0000 12 E-Mail: xxxx@xxxxxxxxx.xxx 14 Attorneys for Plaintiff 15 XXXX & XXXXXXX, X.X. 17 By: s/ Xxxxxxx X. Xxxxxxx (per authorization) Xxxxxxx X. Xxxxxxx, WSBA No. 13752 00 Xxxxx XxXxxxxx, WSBA No. 48703 0000 Xxxxx X. Xxxxxx 00 Xxxxxx, XX 00000 Telephone: (000) 000-0000 20 Email: xxxx@xxxxxxx.xxx 21 xxxxx@xxxxxxx.xxx 22 Attorneys for Defendant / / / 24 / / / 25 / / / 26 / / / 1 ORDER 2 Based on the foregoing, IT IS SO ORDERED. Dated this 21st day of July, 2022. A X. XXXX XXXXXXX 0 Xxxxxx Xxxxxx Magistrate Judge 8 10 11 12 13 14 15 16 17 18 19 20 21 22 24
Pursuant to Fed. X. Xxxx. P. 11(c)(1)(C), the United States and the defendant agree that the appropriate disposition of this case is, and agree to recommend jointly that the Court impose, a sentence requiring the defendant to pay to the United States a criminal fine between $150,000 and $250,000, to be determined at the time of sentencing (“the recommended sentence”). Such fine will be payable in two installments as set forth below with interest accruing under 18 U.S.C. § 3612(f)(1)-(2).
Pursuant to Fed. R. Civ. P. 23(e)(1)(B), based on “the parties’ showing that the court will likely be able to (i) approve the proposal[s] under Rule 23(e)(2); and (ii) certify the class for purposes of judgment on the proposal[s],” the Court hereby preliminarily approves the Settlements, as embodied in the Third Tranche Settlement Agreements between Plaintiffs and the Settling Universities.
Pursuant to Fed. R. Civ. P. 23(h), Defendant agrees that Class Counsel shall be entitled to an award of reasonable attorneys’ fees and costs out of the Settlement Fund in an amount determined by the Court as the Fee Award. Plaintiff will file a motion with the Court prior to the Final Approval Hearing requesting a Fee Award not to exceed one-third of the Settlement Fund. Payment of the Fee Award shall be made from the Settlement Fund and should the Court award less than the amount sought by Class Counsel, the difference in the amount sought and the amount ultimately awarded pursuant to this Paragraph shall remain in the Settlement Fund for distribution to eligible Settlement Class Members.
