Final Approval Order and Judgment. This matter having come before the Court on Plaintiff’s motion for final approval (the “Motion for Final Approval”) of a proposed class action settlement (the “Settlement”) of the above-captioned action (the “Action”) between Plaintiff ▇▇▇▇▇ ▇▇▇▇▇ (“Plaintiff”), individually and on behalf of the class of persons she represents (the “Settlement Class” defined below), Quality Resources, Inc. and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (“Defendants”) (the Plaintiff and the Defendants are collectively referred to as the “Parties”), pursuant to the parties’ Class Action Settlement Agreement (the “Agreement” or the “Settlement Agreement”), and having duly considered all papers filed and arguments presented, the Court hereby finds and orders as follows: 1. Unless defined herein, all defined terms in this Final Approval Order and Judgment shall have the respective meanings set forth in the Agreement. 2. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. 3. The Court preliminarily approved the Settlement Agreement and entered the Preliminary Approval Order dated , 2018, and notice was given to all members of the Settlement Class under the terms of the Preliminary Approval Order. 4. The Court has read and considered the papers filed in support of the Motion, including the Settlement Agreement and the exhibits thereto, memoranda and arguments submitted on behalf of the Plaintiff, Settlement Class Members, and Sempris, and supporting declarations. The Court has also read and considered any written objections filed by Settlement Class Members. [Alternatively: “The Court has not received any objections from any person regarding the Settlement.”] The Court held a hearing on , 2018, at which time the parties [and objecting Settlement Class Members] were afforded the opportunity to be heard in support of or in opposition to the Settlement. Furthermore, the Court finds that notice under the Class Action Fairness Act was effectuated on _ , 2018, and that ninety (90) days has passed without comment or objection from any governmental entity. 5. Based on the papers filed with the Court and the presentations made to the Court at the hearing, the Court now gives final approval to the Settlement and finds that the Settlement is fair, adequate, reasonable, and in the best interests of the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, the fact that the Settlement is the result of arms’ length negotiations presided over by a neutral mediator, and the settlement benefits being made available to Settlement Class Members. 6. Under Federal Rule of Civil Procedure 23(c), the Court certifies, for settlement purposes only, the following “Settlement Class”: All persons or entities who are or were the subscribers and/or customary users of the telephone numbers on the Class List, and to whom, from January 3, 2009 through the date of preliminary approval, Quality Resources, Inc., made a call or calls in connection with Stompeez Kids Slippers purchases identified in the Declaration of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ECF 301-2. The following persons are excluded from the Settlement Class: Defendants, Sempris any parent, subsidiary, or affiliate of Defendants or Sempris, the officers, directors, agents, servants, or employees of any of the foregoing as of the entry of the Preliminary Approval Order, Class Counsel, the Settlement Administrator, the Mediator, and any judge presiding over the Action. 7. Under Federal Rule of Civil Procedure 23, ▇▇▇▇▇ ▇▇▇▇▇ is hereby appointed as Class Representative and the following are hereby appointed as Class Counsel: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LAW OFFICES, LLC ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, P.C. ▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ THE LAW OFFICE OF ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 8. With respect to the Settlement Class, this Court finds, for settlement purposes only, that: (a) the Settlement Class is so numerous that joinder of all members is impracticable;
Appears in 1 contract
Sources: Settlement Agreement
Final Approval Order and Judgment. This matter having come before If the Settlement shall be finally approved by the Court on Plaintiff’s motion for final approval (following the “Motion for Final Approval”) of a proposed class action settlement (the “Settlement”) of the above-captioned action (the “Action”) between Plaintiff ▇▇▇▇▇ ▇▇▇▇▇ (“Plaintiff”), individually and on behalf of the class of persons she represents (the “Settlement Class” defined below), Quality Resources, Inc. and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (“Defendants”) (the Plaintiff and the Defendants are collectively referred to as the “Parties”), pursuant to the parties’ Class Action Settlement Agreement (the “Agreement” or the “Settlement Agreement”), and having duly considered all papers filed and arguments presentedFairness Hearing, the Parties hereto shall jointly request that the Court hereby finds and orders as follows:
1. Unless defined herein, all defined terms in this enter a Final Approval Order and Judgment shall have Judgment, which includes the respective meanings set forth following provisions:
(1) confirming certification of the Settlement Class for settlement purposes;
(2) finding that the dissemination of the Class Notice, in the Agreement.form and manner ordered by the Court was accomplished as directed, and met the requirements of due process;
2. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members.
(3. The Court preliminarily approved ) finally approving the Settlement Agreement and entered the Preliminary Approval Order dated Settlement as fair, 2018, reasonable and notice was given to all members adequate and directing consummation of the Settlement in accordance with its terms and provisions, including the terms of the Settlement Agreement that pertain to the PAGA Amount and the Released PAGA Claims; The Judgment shall include the following provisions:
(1) directing the Parties to implement the terms of the Settlement Agreement;
(2) releasing and discharging the Released Parties from any and all liability Released Claims as hereinabove provided, except for full payment of the Gross Settlement Amount;
(3) releasing and discharging the Released Parties from any and all liability with respect to the Released Class Claims and Released PAGA Claims as hereinabove provided, except for full payment of the Gross Settlement Amount;
(4) resolving and settling all of Plaintiff s Released Claims as hereinabove provided, with the release precluding him from instituting, commencing, directly or indirectly, as an individual or collectively, representatively, derivatively, or on behalf of themselves, or in any other capacity of any kind whatsoever, any action in this Court, any other state court, or any arbitration or mediation proceeding or any other similar proceeding, against any Released Party that asserts any claims that are Plaintiff s Released Claims under the terms of the Preliminary Approval Order.Settlement;
4. The Court has read (5) resolving and considered settling all the papers filed in support of Released Class Claims by all Settlement Class Members as hereinabove provided, with the Motionrelease precluding them from instituting, including the Settlement Agreement and the exhibits theretocommencing, memoranda and arguments submitted or continuing to prosecute, directly or indirectly, as an individual or collectively, representatively, derivatively, or on behalf of himself or herself, or in any other capacity of any kind whatsoever, any action in this Court, any other state court, or any arbitration or mediation proceeding or any other similar proceeding, against any Released Party that asserts any claims that are Released Class Claims under the Plaintiff, Settlement Class Members, terms of the Settlement; and Sempris, and supporting declarations. The Court has also read and considered any written objections filed by Settlement Class Members. [Alternatively: “The Court has not received any objections from providing that any person regarding who violates the Settlement.”] The Court held a hearing on , 2018, at which time the parties [and objecting Settlement Class Members] were afforded the opportunity to be heard in support of or in opposition to the Settlement. Furthermore, the Court finds that notice under the Class Action Fairness Act was effectuated on _ , 2018, and that ninety (90) days has passed without comment or objection from any governmental entity.
5. Based on the papers filed with the Court and the presentations made to the Court at the hearing, the Court now gives final approval to the Settlement and finds that the Settlement is fair, adequate, reasonable, and in the best interests terms of the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, the fact that the Settlement is the result of arms’ length negotiations presided over release by a neutral mediator, and the settlement benefits being made available to Settlement Class Members.
6. Under Federal Rule of Civil Procedure 23(c), the Court certifies, for settlement purposes only, the following “Settlement Class”: All persons or entities who are or were the subscribers and/or customary users of the telephone numbers on the Class List, and to whom, from January 3, 2009 through the date of preliminary approval, Quality Resources, Inc., made a call or calls in connection with Stompeez Kids Slippers purchases identified in the Declaration of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ECF 301-2. The following persons are excluded from the Settlement Class: Defendants, Sempris any parent, subsidiary, or affiliate of Defendants or Sempris, the officers, directors, agents, servants, or employees of further asserting any of the foregoing as Released Class Claims against any of the entry Released Parties Party as a result of the Preliminary Approval Orderviolation if Defendants have provided written notification to that person or their designated representative of the bar against asserting any of the Released Class Claims and the Released Party is the prevailing party in an action brought by the person for the asserted barred Released Class Claims;
(6) resolving and settling all the Released PAGA Claims by the State of California and all PAGA Members as hereinabove provided, with the release precluding them from instituting, commencing, or continuing to prosecute, directly or indirectly, as an individual or collectively, representatively, derivatively, or on behalf of himself or herself, or in any other capacity of any kind whatsoever, any action in this Court, any other state court, or any arbitration or mediation proceeding or any other similar proceeding, against any Released Party that asserts any claims that are Released PAGA Claims under the terms of the Settlement; and providing that any person who violates the terms of the release by further asserting any of the Released PAGA Claims against any of the Released Parties shall pay Released Party as a result of the violation if Defendants have provided written notification to that person or their designated representative of the bar against asserting any of the Released PAGA Claims and the Released Party is the prevailing party in an action brought by the person for the asserted barred Released PAGA Claims;
(7) awarding the Service Awards to the Class Representative, Class Counsel Fees and Costs Award to Class Counsel, and Settlement Administration Costs to the Settlement Administrator, as determined by the Mediator, and any judge presiding over Court;
(8) approving the Action.
7. Under Federal Rule of Civil Procedure 23, ▇▇▇▇▇ ▇▇▇▇▇ is hereby appointed as Class Representative PAGA Member Payment and the following are hereby appointed as Class Counsel: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LAW OFFICES, LLC ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, P.C. ▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ THE LAW OFFICE OF ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇Released PAGA Claims; and
8. With respect (9) reserving continuing and exclusive jurisdiction over all matters related to the administration and consummation of the terms of this Settlement Class, this Court finds, for settlement purposes only, that: (a) and enforcement of the Settlement Class is so numerous that joinder of all members is impracticable;Judgment.
Appears in 1 contract
Sources: Class and Representative Action Settlement Agreement
Final Approval Order and Judgment. This matter having come before The Court shall enter the Court on Plaintiff’s motion for final approval (the “Motion for Final Approval”) of a proposed class action settlement (the “Settlement”) of the above-captioned action (the “Action”) between Plaintiff ▇▇▇▇▇ ▇▇▇▇▇ (“Plaintiff”), individually and on behalf of the class of persons she represents (the “Settlement Class” defined below), Quality Resources, Inc. and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (“Defendants”) (the Plaintiff and the Defendants are collectively referred to as the “Parties”), pursuant to the parties’ Class Action Settlement Agreement (the “Agreement” or the “Settlement Agreement”), and having duly considered all papers filed and arguments presented, the Court hereby finds and orders as follows:
1. Unless defined herein, all defined terms in this Final Approval Order and Judgment shall have the respective meanings set forth substantially in the Agreement.form attached as Exhibit 4, which shall among other things:
2. This a. Find that (i) the Court has personal jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members.
3. The Court preliminarily approved the Settlement Agreement and entered the Preliminary Approval Order dated , 2018, and notice was given to all members of the Settlement Class under the terms of the Preliminary Approval Order.
4. The Court has read and considered the papers filed in support of the Motion, including the Settlement Agreement and the exhibits thereto, memoranda and arguments submitted on behalf of the Plaintiff, Settlement Class Members, and Sempris, and supporting declarations. The (ii) the Court has also read and considered any written objections filed by Settlement Class Members. [Alternatively: “The Court has not received any objections from any person regarding subject matter jurisdiction over the Settlement.”] The Court held a hearing on , 2018, at which time the parties [and objecting Settlement Class Members] were afforded the opportunity to be heard claims asserted in support of or in opposition to the Settlement. Furthermore, the Court finds that notice under the Class Action Fairness Act was effectuated on _ , 2018, and that ninety (90) days has passed without comment or objection from any governmental entity.
5. Based on the papers filed with the Court and the presentations made to the Court at the hearing, the Court now gives final approval to the Settlement and finds that the Settlement is fair, adequate, reasonable, and in the best interests of the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, and (iii) venue is proper;
b. Finally approve the fact that Settlement;
c. Finally certify the Settlement is the result of arms’ length negotiations presided over by a neutral mediator, and the settlement benefits being made available to Settlement Class Members.
6. Under Federal Rule of Civil Procedure 23(c), the Court certifies, for settlement purposes only;
d. Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the following “Settlement Class”: All persons or entities who are or were the subscribers and/or customary users Due Process Clause of the telephone numbers on the Class ListUnited States Constitution, and find that the procedures used complied with Oregon and federal law so as to whom, from January 3, 2009 through give full effect to the Settlement;
e. Enter Final Judgment with respect to the Released Claims of all Settlement Class Members and dismiss the Released Claims with prejudice;
f. Make the Releases in Section 10 of this Agreement effective as of the date of preliminary approvalthe Final Judgment;
g. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from filing, Quality Resourcescommencing, Inc.prosecuting, made a call intervening in, or calls participating in connection with Stompeez Kids Slippers purchases identified (as class members or otherwise) any action in any jurisdiction for the Declaration Released Claims;
h. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from organizing Settlement Class Members, or soliciting the participation of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇Settlement Class Members, ECF 301-2. The following or persons are who would otherwise fall within the definition of Settlement Class Members but who have requested to be excluded from the Settlement Class: Defendants, Sempris in a separate class for purposes of pursuing any parent, subsidiaryaction (including by seeking to amend a pending complaint or counterclaim to include class allegations, or affiliate of Defendants seeking class certification in a pending action in any jurisdiction based on or Sempris, the officers, directors, agents, servants, or employees of relating to any of the foregoing as Released Claims);
i. Find that, by operation of the entry of the Preliminary Approval Order, Class CounselJudgment, the Settlement Administrator, the Mediator, Class Representatives and any judge presiding over the Action.
7. Under Federal Rule all of Civil Procedure 23, ▇▇▇▇▇ ▇▇▇▇▇ is hereby appointed as Class Representative and the following are hereby appointed as Class Counsel: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LAW OFFICES, LLC ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, P.C. ▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ THE LAW OFFICE OF ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
8. With respect to the Settlement Class, this Court finds, for settlement purposes only, that: (a) the Settlement Class is so numerous that joinder Members shall be deemed to have forever released, relinquished, and discharged the Released Parties from any and all Released Claims;
j. Authorize the Parties to implement the terms of all members is impracticablethis Agreement;
k. Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Agreement, the Final Judgment, and for any other necessary purposed; and
l. Issue related orders to effectuate the Final Approval of the Settlement and its implementation.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Final Approval Order and Judgment. This matter having come before The Court shall enter the Court on Plaintiff’s motion for final approval (the “Motion for Final Approval”) of a proposed class action settlement (the “Settlement”) of the above-captioned action (the “Action”) between Plaintiff ▇▇▇▇▇ ▇▇▇▇▇ (“Plaintiff”), individually and on behalf of the class of persons she represents (the “Settlement Class” defined below), Quality Resources, Inc. and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (“Defendants”) (the Plaintiff and the Defendants are collectively referred to as the “Parties”), pursuant to the parties’ Class Action Settlement Agreement (the “Agreement” or the “Settlement Agreement”), and having duly considered all papers filed and arguments presented, the Court hereby finds and orders as follows:
1. Unless defined herein, all defined terms in this Final Approval Order and Judgment shall have the respective meanings set forth substantially in the Agreement.form attached as Exhibit 3, which shall among other things:
2. This a. Find that (i) the Court has personal jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members.
3. The Court preliminarily approved the Settlement Agreement and entered the Preliminary Approval Order dated , 2018, and notice was given to all members of the Settlement Class under the terms of the Preliminary Approval Order.
4. The Court has read and considered the papers filed in support of the Motion, including the Settlement Agreement and the exhibits thereto, memoranda and arguments submitted on behalf of the Plaintiff, Settlement Class Members, and Sempris, and supporting declarations. The (ii) the Court has also read and considered any written objections filed by Settlement Class Members. [Alternatively: “The Court has not received any objections from any person regarding personal jurisdiction over the Settlement.”] The Court held a hearing on , 2018, at which time the parties [and objecting Settlement Class Members] were afforded the opportunity to be heard claims asserted in support of or in opposition to the Settlement. Furthermore, the Court finds that notice under the Class Action Fairness Act was effectuated on _ , 2018, and that ninety (90) days has passed without comment or objection from any governmental entity.
5. Based on the papers filed with the Court and the presentations made to the Court at the hearing, the Court now gives final approval to the Settlement and finds that the Settlement is fair, adequate, reasonable, and in the best interests of the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, and (iii) venue is proper;
b. Finally approve the fact that Settlement;
c. Finally certify the Settlement is the result of arms’ length negotiations presided over by a neutral mediator, and the settlement benefits being made available to Settlement Class Members.
6. Under Federal Rule of Civil Procedure 23(c), the Court certifies, for settlement purposes only;
d. Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the following “Settlement Class”: All persons or entities who are or were the subscribers and/or customary users Due Process Clause of the telephone numbers on the Class ListUnited States Constitution, and find that the Parties and procedures used complied with federal law so as to whom, from January 3, 2009 through give full effect to the Settlement;
e. Enter Final Judgment with respect to the Released Claims of all Settlement Class Members and dismiss the Released Claims with prejudice;
f. Make the Releases in section 10 of this Agreement effective as of the date of preliminary approvalthe Final Judgment;
g. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from filing, Quality Resourcescommencing, Inc.prosecuting, made a call intervening in, or calls participating in connection with Stompeez Kids Slippers purchases identified (as class members or otherwise) any action in any jurisdiction for the Declaration Released Claims;
h. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from organizing Settlement Class Members, or soliciting the participation of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇Settlement Class Members, ECF 301-2. The following or persons are who would otherwise fall within the definition of Settlement Class Members but who have requested to be excluded from the Settlement Class: Defendants, Sempris in a separate class for purposes of pursuing any parent, subsidiaryaction (including by seeking to amend a pending complaint or counterclaim to include class allegations, or affiliate of Defendants seeking class certification in a pending action in any jurisdiction based on or Sempris, the officers, directors, agents, servants, or employees of relating to any of the foregoing as Released Claims);
i. Find that, by operation of the entry of the Preliminary Approval Order, Class CounselJudgment, the Settlement Administrator, the Mediator, Class Representatives and any judge presiding over the Action.
7. Under Federal Rule all of Civil Procedure 23, ▇▇▇▇▇ ▇▇▇▇▇ is hereby appointed as Class Representative and the following are hereby appointed as Class Counsel: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LAW OFFICES, LLC ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, P.C. ▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ THE LAW OFFICE OF ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
8. With respect to the Settlement Class, this Court finds, for settlement purposes only, that: (a) the Settlement Class is so numerous that joinder Members shall be deemed to have forever released, relinquished, and discharged Releasees from any and all Released Claims;
j. Authorize the Parties to implement the terms of all members is impracticablethis Agreement;
k. Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Agreement, the Final Judgment, and for any other necessary purposed; and
l. Issue related orders to effectuate the Final Approval of the Settlement and its implementation.
Appears in 1 contract
Sources: Settlement Agreement
Final Approval Order and Judgment. This matter having come At or before the Court on Plaintiff’s motion hearing for final approval (of this Agreement, the “Motion Named Plaintiffs and the Bank shall move the Court for a Final Approval”) of a proposed class action settlement (Order and Judgment that accomplishes the “Settlement”) following:
a. Determines whether this Agreement is fair, just, equitable, reasonable, adequate and in the best interest of the above-captioned action Plaintiff Class.
b. Requires the Parties to carry out the provisions of this Agreement.
c. Causes the Court to enter a judgment in the Litigation which will:
(i) dismiss all claims against the “Action”) between Plaintiff ▇▇▇▇▇ ▇▇▇▇▇ (“Plaintiff”), individually and Bank in the Litigation with prejudice on behalf of the class Named Plaintiffs and members of persons she represents (the “Settlement Class” defined below), Quality Resources, Inc. and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (“Defendants”) (the Plaintiff Class who have not opted out;
(ii) declare that the Named Plaintiffs and members of the Defendants Plaintiff Class who have not opted out are collectively referred to as bound by the “Parties”), pursuant to the parties’ Class Action Settlement Agreement (the “Agreement” or the “Settlement Agreement”), and having duly considered all papers filed and arguments presented, the Court hereby finds and orders as follows:
1. Unless defined herein, all defined terms in this Final Approval Order and Judgment shall have the respective meanings Releases set forth in Section 7 of this Agreement;
(iii) enjoin the Agreement.
2. This Court has jurisdiction over the subject matter of the Action Named Plaintiffs and over all parties to the Action, including all Settlement Class Members.
3. The Court preliminarily approved the Settlement Agreement and entered the Preliminary Approval Order dated , 2018, and notice was given to all members of the Plaintiff Class who have not opted out from prosecuting any Settled Claims against the Released Persons;
(iv) declare that the Named Plaintiffs and members of the Plaintiff Class (excluding those who have opted out) are bound by the Release set forth in Section 7(d) of this Agreement;
(v) enjoin the Named Plaintiffs and members of the Plaintiff Class (excluding those who have opted out) from prosecuting any claims listed in Section 7(d) against the Released Persons described in Section 7(d);
(vi) reserve continuing jurisdiction over the construction, interpretation, implementation and enforcement of this Agreement and over the administration and distribution of settlement benefits;
(vii) declare that neither the Parties, Released Persons, the Settlement Class under Administrator or their agents, employees, attorneys or any one acting on their behalves, have violated federal or state law, including the DPPA, in any way in obtaining, using or disclosing the data that the DHSMV provided to the Bank between May 1, 2000 and September 30, 2003, or the data obtained from the DHSMV during discovery proceedings in the Litigation to implement the terms of the Preliminary Approval Order.this Agreement;
4. The Court has read and considered the papers filed in support of the Motion, including the Settlement Agreement and the exhibits thereto, memoranda and arguments submitted on behalf of the Plaintiff, Settlement Class Members, and Sempris, and supporting declarations. The Court has also read and considered any written objections filed by Settlement Class Members. [Alternatively: “The Court has not received any objections from any person regarding the Settlement.”] The Court held a hearing on , 2018, at which time (viii) declare that the parties [and objecting Settlement Class Members] were afforded have complied with the opportunity to be heard in support requirements of or in opposition to the Settlement. Furthermore, the Court finds that notice under the Class Action Fairness Act was effectuated on _ , 2018, and that ninety Act; and
(90ix) days has passed without comment or objection enjoin the Bank from any governmental entitycertain actions as set forth in Section 8 hereof.
5. Based on the papers filed with the Court and the presentations made to the Court at the hearing, the Court now gives final approval to the Settlement and finds that the Settlement is fair, adequate, reasonable, and in the best interests of the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, the fact that the Settlement is the result of arms’ length negotiations presided over by a neutral mediator, and the settlement benefits being made available to Settlement Class Members.
6. Under Federal Rule of Civil Procedure 23(c), the Court certifies, for settlement purposes only, the following “Settlement Class”: All persons or entities who are or were the subscribers and/or customary users of the telephone numbers on the Class List, and to whom, from January 3, 2009 through the date of preliminary approval, Quality Resources, Inc., made a call or calls in connection with Stompeez Kids Slippers purchases identified in the Declaration of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ECF 301-2. The following persons are excluded from the Settlement Class: Defendants, Sempris any parent, subsidiary, or affiliate of Defendants or Sempris, the officers, directors, agents, servants, or employees of any of the foregoing as of the entry of the Preliminary Approval Order, Class Counsel, the Settlement Administrator, the Mediator, and any judge presiding over the Action.
7. Under Federal Rule of Civil Procedure 23, ▇▇▇▇▇ ▇▇▇▇▇ is hereby appointed as Class Representative and the following are hereby appointed as Class Counsel: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LAW OFFICES, LLC ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, P.C. ▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ THE LAW OFFICE OF ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
8. With respect to the Settlement Class, this Court finds, for settlement purposes only, that: (a) the Settlement Class is so numerous that joinder of all members is impracticable;
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