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SOUTHERN DISTRICT OF NEW YORK -$=- ,- I . . ) .,I 7, 

I ' . -- - DWAYNE PANNELL, Individually and on . - ., - -----.-I -- _____ - , 3-11- od Behalf of All Other Persons Similarly Situated, : - -- -- - - - --. ". - - I -- ----^ ---- - I_ _ _ __-_ 

Plaintiffs, i 

! 

: Civil Action No. 07-,3503 -against ! 

DR. JAY'S INC., ! 

! 

Defendant. 1 

ORDER PRELIMINARILY APPROVING CLASS ACTI0:N SETTLEMENT, 

CONDITIONALLY CERTIFYING SETTLEMENT CLASS, DIRECTING NOTICE TO 

CLASS, AND SETTING HEARING ON FINAL APPROVAL 

WHEREAS, an action entitled DWAYNE PANNEiLL, Individually and on 

Bchalf of All Other Persons Similarly Situated v. DR. JAY'S INC., Civil Action No. 07-CV3503 (the "Lawsuit"), is currently pending before this Court; 

WHEREAS, the parties have made application, pursuant to Rule 23(e), Fcd. R. 

Civ. P., for an order approving settlement of the claims alleged in tlhc Lawsuit, in accordance 

with a Settlement Agreement dated November 12, 2007 (the "Agreement"), which, together with 

thc cxhibits anncxcd thcrcto, sets forth the terms and conditions for a proposed settlement of the 

Lawsuit against Dcfcndant and for dismissal of the Lawsuit against Defendant with prejudice 

upon the terms and conditions set forth therein, and the Court has read and considered the 

Agreement and the exhibits annexed thereto; and 

WHEREAS, all capitalizcd terms contained and not othenvisc defined herein 

shall have the same meanings set forth in the Agreement. 

& 

IT IS ON THIS 10 DAY OF MWti , ~OO~HEREBY ORDERED AS 

FOLLOWS: 

1. The Court hereby preliminary approves the settlement set forth in the 

Case 1:07-cv-03503-RMB Document 7 Filed 03/11/2008 Page 1 of 5
Agreement as being fair, just, reasonable and in the best interest of Plaintiffs and the Class as 

described in the Agreement (hereinafter the "Class"). Xly 1J,z008 

2: 16 torn* 

2. The Fairness Hearing shall be held before this Court, on 1 , at the 

United States District Court, Southern District ofNew York, Southern District of New York, 500 

Pearl Street, New York, New York 10007 to determine whether the proposed settlement of the 

Lawsuit on thc terms and conditions provided for in the Agreement is fair, just, reasonable, 

adequate and in the best interest of the Class, and should be approved by thc Court; whether an 

Order and Final Judgment of Dismissal, as provided in the Agreement, should be entered; and to 

detcrmine the amount of attorneys' fees, costs and expenses that should be awarded Plaintiffs' 

Class Counsel. 

3. Within thirty (30) days after entry of the Preliminary Approval Order by 

the Court, Defendant shall mail, to each Class Member, by first class mail, postage prepaid the 

Notice of Proposed Settlement (annexed hereto as Exhibit A) to all members of the Class who 

can be idcntificd through reasonable effort by use of Defendant's payroll and personnel records. 

Defendant shall be obligated to provide notice once and only once. 

4. Notices returned to Defendant within thirty (30) days aftcr they were 

initially mailed shall be resent to the forwarding address, if any, on the returned envelope. A 

returned Notice and Proof of Claim Form will be forwarded only once per Class Member by 

Defendant. Upon completion of these steps, Defendant shall be deerned to have satisfied their 

obligation to provide the Notice to thc affected member of the Class. The affected Class 

Member shall remain a mcmbcr of the Class and shall be bound1 by all the terms of the 

Settlement Agreement and the Court's Judgmcnt. 

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5. Thc Court approves, as to form and content, Ihe Settlement Notice and 

finds that thc mailing and distribution of the Settlement Notice subst(antial1y in the manner and 

form set forth in this Order constitutes the best notice practicable under the circumstances, and 

constitutes valid, duc and sufficient notice to all persons in the Class, complying hlly with the 

requircmcnt of Rule 23 of the Federal Rules of Civil Procedurc, the Constitution of thc Unitcd 

States and any other applicable laws. 

6. Class Members entitled to contest approval of the terms and conditions of 

the proposed settlement, the judgment to be entered thercon if the same is approvcd, the 

attorneys' fces and expenses to bc awarded to Plaintiffs' Class Cou,nsel, or any other matter, 

must causc writtcn objections and the basis therefor (and copies of any supporting papers and 

briefs) to be physically received at least thirty (30) days before the Fairness Hearing date (the 

"Objection Deadline") on Justin Zeller, The Law Office of Justin A. Zeller, P.C., 25 1 West 14'~ 

Street, 5'h Floor, New York, New York 1001 1, and Jackson Lewis LLP, 59 Maidcn Lane, New 

York, NY 10038, and must physically file said objcctions, papers and briefs with the Clcrk of the 

Unitcd Statcs District Court for the Southern District of New York 1-10 later than the Objection 

Dcadline. Any statement of position or objection shall state the objector's name, address, the 

case number and a statcment of the rcasons why the objector believes that the Court should find 

that the proposed Settlement is not in the best interests of the Class. The statement of position 

shall also identify any and all witnesses, documents, and other evidence of any kind to be 

presented at the Fairness Hearing in support of the statement of position or objection, as well as 

the substance of the testimony to be given by any witness. Additionally, any member of the 

Class who has served and filcd objections as set forth in the first sentence of this paragraph, may 

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appear at the Fairness Hearing and show cause to the Court, if he or she has any reason why the 

proposed settlement of the claims alleged in the Lawsuit should or should not be approved as 

fair, just, reasonable and adequate, or why a judgment should or should not be entered thereon or 

why the requested attorneys' fees, costs and expenses, should or should not be awarded as 

requested. Any member of the Class who does not make his or her objection in the manner 

provided herein shall be deemed to have waived such objection and shall forever be foreclosed 

from making any objection to the fairness or adequacy of the: proposed settlement as 

incorporated in the Agreement, and the award of attorneys' fees, costs and expenses to Plaintiffs' 

Class Counsel, and the award of incentive payments for Named Class Plaintiff, unless otherwise 

ordcrcd by the Court. 

7. All additional papers in support of the settlement shall be filed and served 

on all named parties at least two (2) business days before the Fairness Hearing date. 

8. Any payments and actions required under the Agreement prior to the 

Fairness Hearing shall be carried out as set forth in the Agreement. 

9. The Court reserves the right to adjourn the date of the Fairness Hearing 

without hrther notice to the Class Members, and retains jurisdiction to consider all hrther 

applications arising out of or connected with the proposed settlement. Notice of any 

adjoummcnt can be obtained from Class Counsel: Justin Zeller, The Law Office of Justin A. 

Zeller, P.C., 251 West 14'~ Street, 5th Floor, New York, New York 1001 1 (phone # 212-229- 

2249). The Court may approve the settlement, with such modifications as may be agreed to by 

the settling parties, if appropriatc, without further notice to the Class. 

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Dated: $0 ,2008 

ENTER: 

7flz 

United States District Judge 

H:\WINDHOL[)\Dr. Jays\Legal\Ordcr Approving Settlement.doc 

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