IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ELIZABETH PICHLER, et al. : CIVIL ACTION

:

 v. :

:

UNITE (UNION OF NEEDLETRADES, :

INDUSTRIAL & TEXTILE EMPLOYEES :

AFL-CIO) : NO. 04-2841

ORDER

AND NOW, this 22nd day of February, 2011, upon

consideration of plaintiffs' motion for final approval of

settlement of certified class action and entry of final judgment

(docket no. 311), and motion for award of attorneys' fees for

plaintiffs' class counsel (docket no. 310) and the memorandum

submitted in support thereof (see also docket no. 312), and after

a hearing on February 18, 2011 at which no putative class member

appeared or objected to the Settlement Agreement, and the Court

finding that notice has been given to all potential Class Members

by first class mail and thereby satisfies Fed. R. Civ. P. 23

(e)(1), 28 U.S.C. § 1715(b) and due process, and that the

settlement and proposed award of attorneys' fees and costs is

fair, reasonable and adequate for the reasons canvassed in the

accompanying Memorandum, it is hereby ORDERED that:

1. The motions are GRANTED;

2. The Settlement Agreement is APPROVED as fair,

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reasonable and adequate pursuant to Fed. R. Crim. P. 23 and the

parties are DIRECTED to consummate the Settlement Agreement in

accordance with its terms;

3. Upon entry of this Order and Judgment the Class

Members are BOUND by the terms and exclusive remedies for all

claims as provided in the Settlement Agreement;

4. This action is DISMISSED WITH PREJUDICE subject to

the reservation of this Court's jurisdiction set forth below;

5. All Class Members are deemed to have released and

forever discharged (as by an instrument under seal without

further act by any person, and upon good and sufficient

consideration), on behalf of themselves and their agents, heirs,

executors and administrators, successors, insurers, attorneys,

representatives, and assigns, each of UNITE, UNITE HERE, and

Workers United and any affiliated corporations, predecessors,

successors, subsidiaries, and purchasers, and their insurers,

attorneys, employees, agents, representatives, officers,

directors, managers, members, assigns, heirs, personal

representatives and all other persons, firms or corporations with

whom any of the former have been, are now, or may hereafter be

acquired and/or affiliated (the "Releasees"), of and from any and

all past, present or future legal and equitable claims, demands,

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obligations, actions, causes of action, damages, costs,

liabilities, expenses and compensation of any kind or nature

whatsoever, known or unknown, asserted or not asserted, accrued

or not yet accrued, arising from or relating to UNITE's alleged

obtainment, use and/or disclosure of the Class Members' motor

vehicle information during the period July 1, 2002 through

October 13, 2004 which were or could have been brought in this

action; provided, however, that such Release will not release the

Releasees from any obligations they have assumed pursuant to this

Settlement Agreement;

6. No Class Member shall recover, directly or

indirectly, any sums for claims released by operation of the

Settlement Agreement from Releasees, other than sums received

under the Settlement Agreement, and Releasees shall have no

obligation to make any payments to any non-parties for liability

arising out of claims released by operation of the Settlement

Agreement;

7. In any action brought by a Class Member against

any non-party arising out of or related to any claims in this

action, should any non-party sued by a Class Member file a claim

or cause of action against any Releasee for contribution or

indemnification, however denominated, arising out of or related

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to the claims in this action, Class Members shall be deemed to

have agreed to reduce or remit any judgment against the non-party

by the percentage, amount or share necessary under applicable law

to fully discharge and relieve Releasees of liability to the nonparty for claims for contribution and indemnification, however

denominated;

8. The provisions of the Settlement Agreement and any

claim thereunder constitute a good faith Settlement under

California Civil Code §§ 877 and 877.6 and comparable laws in

other states and named plaintiffs, Class Counsel and Class

Members shall cooperate fully in any effort of Releasees to

establish such good faith settlement before any court (including,

without limitation, by joining in any motion or other procedure

and providing declarations and other evidence to establish such

good faith settlement where requested by any Releasee) and that

all payments made under the Settlement Agreement relate to claims

arising out of, or related to, this action;

9. If any non-party sued by a Class Member obtains a

judgment against any Releasee for contribution or

indemnification, however denominated, arising out of or related

to the underlying facts of this action, Class Members shall

reduce or remit their judgment against the non-party by the

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amount of the non-party's judgment against the Releasee not to

exceed the amount of that portion of the judgment for which the

non-party obtains contribution or indemnification, however

denominated, so as to fully satisfy the non-party's judgment

against the Releasee;

10. In the event that any Class Member seeks to invoke

California Civil Code § 1542 -- which provides that "a general

release does not extend to claims which the creditor does not

know or suspect to exist in his favor at the time of executing

the relate, which if known to him must have materially affected

his settlement with the debtor" -- or any other like provision of

law in connection with the claims in this action, the Class

Members and each of them are deemed to have expressly waived the

provision of California Civil Code § 1542 (and all other like

provisions of law) to the full extent that these provisions may

be applicable to this Release. Each of the Class Members is

deemed to have assumed the risk that facts additional, different,

or contrary to the facts, which each believes or understands to

exist, may now exist or may be discovered after this Settlement

Agreement becomes effective and each of the Class Members is

deemed to have agreed that any such additional, different, or

contrary facts shall in no way limit, waive, or reduce the

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foregoing release, which shall remain in full force and effect;

11. All Class Members are hereby ENJOINED from filing,

commencing, prosecuting, maintaining, intervening in,

participating in (as class members or otherwise), or receiving ay

benefits from any other lawsuit, arbitration, or administrative,

regulatory, or other proceeding or order in any jurisdiction

based on or relating to the claims in this action, or the facts

and circumstances relating thereto; in addition, all persons are

hereby ENJOINED from filing, commencing, prosecuting, or

maintaining any other lawsuit as a class action on behalf of

Class Members, if such class action is based on or relates to the

claims in this action, or the facts and circumstances relating

hereto. The Court FINDS that the issuance of this injunction is

necessary and appropriate in aid of the Court's jurisdiction over

this action, and no bond is necessary for issuance of this

injunction;

12. UNITE is deemed to have released and forever

discharged (as by an instrument under seal without further act by

any person, and upon good and sufficient consideration), the

named plaintiffs, the former plaintiffs, Class Counsel, and Class

Counsel's law firm Spector Gadon & Rosen, P.C. and all of its

current and former partners, associates, attorneys and employees

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from any and all past, present or further legal and equitable

claims, demands, obligations, actions, causes of action, damages,

costs, liabilities, expenses and compensation of any kind or

nature whatsoever, known or unknown, asserted or not asserted,

accrued or not yet accrued, arising from this prosecution of this

action;

13. Class Counsel's request for fees and expenses in

the amount of One Million Dollars is APPROVED and UNITE shall

REMIT this award to Class Counsel from the escrowed Settlement

Funds within thirty days of the Settlement Effective Date;

14. This Court shall RETAIN jurisdiction of this

matter in order to resolve any dispute that may arise in the

implementation of the Settlement Agreement or the implementation

of this Order and Judgment;

15. The Honorable Jacob P. Hart, United States

Magistrate Judge is hereby AUTHORIZED and APPOINTED to serve as

Independent Claims Administrator in accordance with § 8.13 of

the Settlement Agreement and Judge Hart shall, as provided in the

Settlement Agreement, resolve any issue regarding whether a

Claimant is an Eligible Claimant with the meaning of the

Settlement Agreement in the event that Class Counsel and UNITE's

counsel disagree about such eligibility;

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16. UNITE and its officers, employees and agents are

hereby PERMANENTLY ENJOINED from using or disclosing any personal

information of the Class Members that UNITE obtained in violation

of the Driver's Privacy Protection Act, 28 U.S.C. §§ 2721-2725;

17. Neither the Settlement Agreement nor the

Settlement approved therein, nor any act performed or document

executed pursuant to or in furtherance of the Settlement

Agreement or the Settlement (i) is or may be deemed to be or may

be used as an admission of, or evidence of, the validity of any

released claim, or any wrongdoing or liability of any Releasee,

or (ii) is or may be deemed to be or may be used as an admission

of, or evidence of, any fault or omission of any Released Party

in any civil, criminal, or administrative proceeding in any

court, administrative agency, or other tribunal. UNITE may file

the Settlement Agreement or this Order and Judgment in any other

action that may be brought against it related to the claims in

this action in order to support a defense or counterclaim based

on principles of res judicata, collateral estoppel, release,

good-faith settlement, judgment bar or reduction, or any theory

of claim or issue preclusion or similar defense or counterclaim;

18. In the event that the Settlement Agreement does

not become effective, is terminated, or is disapproved by any

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appellate court, then this Order and Judgment shall be rendered

null and void, and in such event, all orders entered and releases

delivered in connection therewith shall be null and void; and

19. The Clerk of Court shall CLOSE this case

statistically.

BY THE COURT:

__\s\Stewart Dalzell

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