United States District Court, W.D. Washington, Seattle
HONORABLE JOHN C. COUGHENOUR JUDGE
matter comes before the Court on Plaintiff's unopposed
motion for preliminary approval of class action settlement
and petition for attorney fees (Dkt. No. 64). Having
thoroughly considered Plaintiff's briefing and the
relevant record, the Court DETERMINES and ORDERS as follows:
A. Counsel have advised the Court that the Parties have
agreed, subject to final approval by this Court following
notice to the previously-certified Class and a hearing, to
settle this Action on the terms and conditions set forth in
the Settlement Agreement and Release of Claims (the
“Agreement”) (Dkt. No. 65-1).
B. The Court has reviewed the Agreement, as well as the
files, records, and proceedings to date in this matter. The
terms of the Agreement are hereby incorporated as though
fully set forth in this Order. Capitalized terms shall have
the meanings attributed to them in the Agreement.
C. Based upon preliminary examination, it appears to the
Court that the Agreement is sufficiently fair, reasonable,
and adequate to warrant notice to the Class and that the
Court should hold a hearing after notice to the Class to
determine whether to enter a Settlement Order and Final
Judgment in this action, based upon that Agreement.
upon the foregoing, the Court FINDS and CONCLUDES as follows:
Settlement Administrator. The Court
appoints Analytics, LLC as the Settlement Administrator,
which shall fulfill the Settlement Administration functions,
duties, and responsibilities of the Settlement Administrator
as set forth in the Agreement and this Order.
Settlement Hearing. A final
approval hearing (the “Settlement Hearing”) shall
be held before this Court on August 1, 2017, at 9 a.m., as
set forth in the Class Notice (described in Paragraph 3
below), to determine whether the Agreement is fair,
reasonable, and adequate and should be given final approval.
Papers in support of final approval of the Agreement and
Class Counsel's application for an award of attorney fees
and costs, and for a Service Award to the Representative
Plaintiff (the “Fee and Cost Application”) shall
be filed with the Court according to the schedule set forth
in Paragraph 9, below. The Court may postpone, adjourn, or
continue the Settlement Hearing without further notice to the
Class. After the Settlement Hearing, the Court may enter a
Settlement Order and Final Judgment in accordance with the
Agreement (the “Final Judgment”), which will
adjudicate the rights of the Class with respect to the claims
Class Notice. The Court approves
the form and content of the notices substantially in the
forms attached as Exhibits C, D1, and D2 to the Agreement.
The Settlement Administrator shall comply with the notice
requirements of Paragraph 3.03 of the Agreement. In
compliance with that Paragraph, beginning no later than
thirty (30) days after entry of this Order, the Settlement
Administrator shall cause notice to be delivered in the
manner set forth in the Agreement to all Class Members who
can be identified with reasonable effort. Class Notices sent
by U.S. Mail shall be substantially in the forms attached as
Exhibits C, D1, and D2 to the Agreement.
Filing of CAFA Notice. Before the
Settlement Hearing, EAN shall file with the Court proof of
compliance with the notice provisions of the Class Action
Fairness Act of 2005 (“CAFA”), 28 U.S.C. §
Findings Concerning Class Notice.
The Court finds that the Class Notice and the manner of its
dissemination described in Paragraph 3 above and Paragraph
3.03 of the Agreement constitutes the best practicable notice
under the circumstances and is reasonably calculated, under
all the circumstances, to apprise Class Members of the
pendency of this action, the terms of the Agreement, and
their right to object to or exclude themselves from the
Class. The Court finds that the notice is reasonable, that it
constitutes due, adequate and sufficient notice to all
persons entitled to receive notice, and that it meets the
requirements of due process, Rule 23 of the Federal Rules of
Civil Procedure, and any other applicable laws.
Exclusion from Settlement Class.
Each Class Member who wishes to exclude himself or herself
from the Class and follows the procedures set forth in this
Paragraph shall be excluded. Any member of the Class may mail
a written request for exclusion, in the form specified in the
Class Notice, to the Settlement Administrator at the address
set forth in the Class Notice. All such written requests must
be postmarked by forty-five (45) days after the Settlement
Administrator's initial mailing of the Class Notices. All
persons who properly request exclusion from the Class shall
not be Settlement Class Members and shall have no rights with
respect to, nor be bound by, the Agreement, should it be
finally approved. The names of all such excluded individuals
shall be attached as an exhibit to any Final Judgment.
Costs of Class Notice and Claims
Processing. EAN shall bear all costs of notice
to the Class of the pendency and settlement of the Action.