Opinion Approving Settlement - Public Interest Law Center of ...

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Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 50 of 51H. Lack of Time Between Notice of Proposed Settlement andDeadline for Filing ObjectionTwo class members take issue with the amount of time inwhich they had to file objections to the Settlement Agreement.As this Court set forth in its provisional approval of theSettlement Agreement (doc. no. 305), notice of the proposedSettlement Agreement was to be published to certain Pennsylvanianewspapers and distributed to educational agencies, entities, andknown parents of children with disabilities by May 20, 2005. TheCourt determined that class members and their parents could filewritten objections to the proposed Settlement Agreement no laterthan June 10, 2005. Thus, objectors should have hadapproximately twenty-one days, give or take, to file objections.In any event, at the Fairness Hearing, the Court heard from anyindividual wanting to share his or her thoughts about theSettlement Agreement, whether or not that individual filed awritten objection. There is no evidence that the parties did notmeet the notice requirements established by the Court, or thatany member of the class lacked notice or the opportunity toobject. Accordingly, the Court will overrule this objection.VI.CONCLUSIONFor the foregoing reasons, the Court will grant theparties’ motion, approve the Settlement Agreement, and dismissthe case with prejudice.50
Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 51 of 51IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIAGASKIN, ET AL., : CIVIL ACTION: NO. 94-4048Plaintiffs, ::v. ::COMMONWEALTH OF :PENNSYLVANIA, ET AL., ::Defendants. :O R D E RAND NOW, this 16th day of September, 2005, it is herebyordered that this case shall be REMOVED FROM SUSPENSE and PLACEDON ACTIVE STATUS.IT IS FURTHER ORDERED, upon consideration of the JointMotion for Final Approval of the Settlement Agreement (doc. no.326) and objections from class members and interested parties atthe Fairness Hearing, that the motion is GRANTED and the parties’Settlement Agreement is APPROVED in the form submitted to thisCourt.IT IS FURTHER ORDERED that the case is DISMISSED WITHPREJUDICE. The court shall retain jurisdiction to enforcecertain aspects of the Settlement Agreement as provided therein.AND IT IS SO ORDERED.EDUARDO C. ROBRENO, J.
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