IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DOUGLAS CANAS and VANESSA )

MESCHINO, on behalf of themselves )

and all plaintiffs similarly situated, )

)

Plaintiffs, )

)

v. )

)

SMITHFIELD PACKAGES MEATS CORP., )

SMITHFIELD FRESH MEATS CORP., and )

KANSAS CITY SAUSAGE COMPANY, LLC,)

)

Defendants. )

FINAL APPROVAL AND DISMISSAL ORDER

The above-captioned matter (the “Action”) having come before the Court on 

Plaintiffs’ unopposed motion [46] seeking final approval of the parties’ class action 

settlement, attorneys’ fees, costs, and incentive awards, the terms of which are set 

forth in the Settlement Agreement [46-2] between Plaintiffs Douglas Canas and 

Vanessa Meschino (“Plaintiffs”) and Smithfield Packaged Meats Corp., Smithfield 

Fresh Meats Corp. and Kansas City Sausage Company, LLC (“Smithfield” or 

“Defendants”) (collectively referred to as the “Parties”); the Court having been 

advised in the premises, and having duly considered the papers and arguments of all 

interested parties, and having held a Final Approval Hearing on September 9, 2021,

hereby orders: 

1. Unless defined herein, all capitalized terms in this Order shall have the 

respective meanings ascribed to the same terms in the Settlement Agreement.

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2. This Court has subject-matter jurisdiction to approve the Settlement 

Agreement, including all attached exhibits, and personal jurisdiction over all Parties 

to the Action, including all FLSA and Illinois Settlement Class Members.

3. On March 25, 2021, this Court preliminarily approved the Settlement 

Agreement. See [44].

4. Notice to the FLSA Settlement Class and Illinois Settlement Class has 

been provided to the fullest extent reasonably possible in accordance with the Court’s 

Preliminary Approval Order; the substance of and dissemination program for the 

Notice, which included direct notice through the U.S. Mail, the best practicable notice 

under the circumstances, reasonably calculated under the circumstances, to apprise 

the Settlement Class of the pendency of the Action and their rights to join the FLSA 

Settlement Class, object to or exclude themselves from the Settlement Agreement,

and to appear at the Final Approval Hearing, was reasonable and constituted due, 

adequate, and sufficient notice to all persons entitled to receive notice; and such 

notice fulfilled the requirements of Federal Rule of Civil Procedure 23, 29 U.S.C. 

§216(b) and due process.

5. The Settlement Agreement was the result of arm’s-length negotiations 

conducted in good faith by experienced attorneys familiar with the legal and factual 

issues and is supported by the Named Plaintiffs and Class Counsel. The Class 

Representatives and Class Counsel adequately represented the FLSA Settlement 

Class and Illinois Settlement Class for purposes of entering into and implementing 

the Settlement Agreement. Based upon Fish Potter Bolaños, P.C.’s experience in 

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litigating class actions, including claims under the Fair Labor Standards Act and 

Illinois Minimum Wage Law, the Court confirms Class Counsel’s preliminary 

appointment.

6. The Settlement Agreement is fair, reasonable, and adequate as to, and 

in the best interests of, the FLSA Settlement Class and Illinois Settlement Class in 

light of the complexity, expense, and duration of the litigation and the risks involved 

in establishing liability and damages in maintaining the class action through trial 

and appeal. 

7. The Settlement consideration constitutes fair value given in exchange 

for the Released Claims against the Releasees. The Court finds the consideration to 

be paid to FLSA Settlement Class and Illinois Settlement Class Members is 

reasonable, considering the facts and circumstances of the claims and affirmative 

defenses available in the Action and the potential risks and likelihood of success of 

alternatively pursing litigation on the merits. 

8. No FLSA or Illinois Settlement Class Member has objected to any of the 

terms of the Settlement Agreement. No Illinois Class Member has requested 

exclusion from the Settlement.

IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED THAT:

9. The Settlement Agreement is finally approved as fair, reasonable, and 

adequate as to, and in the best interests of, the FLSA Settlement Class and Illinois

Settlement Class Members. The Parties shall implement and consummate the 

Settlement Agreement according to its terms and conditions. The Parties and those 

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FLSA Settlement Class Members who opted-into the Settlement and all Illinois 

Settlement Class Members are bound by the terms and conditions of the Settlement 

Agreement.

10. The Settlement Agreement is hereby finally approved in all respects, 

and the Parties are hereby directed to perform its terms. 

11. Other than as provided in the Settlement Agreement and this Order, 

the Parties shall bear their own costs and attorneys’ fees.

12. Upon the Effective Date of the Settlement Agreement, Plaintiffs, FLSA 

Settlement Class Members who opted-in and all Illinois Settlement Class Members

by operation of this Final Judgement shall be fully bound by the release set forth in 

the Parties’ Settlement Agreement and are hereby permanently barred and enjoined 

from filing, commencing, prosecuting, intervening in or participating (as class 

members or otherwise) in any released claim under the Parties’ Settlement 

Agreement. 

13. The Parties may, without further approval from the Court, agree to and 

adopt such amendments, modifications, and expansions of the Settlement Agreement 

and its implementing documents (including all exhibits) that (i) shall be consistent in 

all material respects with this Final Judgement; and (ii) do not limit the rights of the 

Illinois Settlement Class Members.

14. The Court awards to Class Counsel $2,583,333.33 as a fair and 

reasonable attorneys’ fee, which shall include all attorneys’ fees associated with the 

Action. In addition, Class Counsel shall receive reimbursement of costs in the 

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amount of $2,000 associated with the Action. These amounts shall be paid out of the

Gross Settlement Fund, as called for in the Parties’ Settlement Agreement. 

15. The Court awards to the two named Plaintiffs, Douglas Canas and

Vanessa Meschino, an incentive award of $7,500 each for their time and effort serving 

the Settlement Class in this Action. This amount shall be paid from the Gross 

Settlement Fund, pursuant to the terms of the Settlement Agreement. 

16. The Court approves the payment of $120,800 in fees and expenses

incurred by the Claims Administrator, as approved by Class Counsel. This amount 

shall be paid from the Gross Settlement Fund pursuant to the terms of the Settlement 

Agreement. 

17. Without affecting the finality of this Final Judgment for purposes of

appeal, the Court retains jurisdiction as to all matters related to the administration, 

consummation, enforcement, and interpretation of the Settlement Agreement and 

this Final Judgment.

18. This Action is dismissed without prejudice. Absent reinstatement by

June 9, 2022, this dismissal shall automatically convert to a dismissal with prejudice

on that date. The parties shall submit a final accounting report to the Court’s 

proposed order inbox by March 9, 2022. 

Dated: September 13, 2021 

Entered:

____________________________

John Robert Blakey

United States District Judge

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