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Toering v. Ean Holdings, LLC

United States District Court, W.D. Washington

August 1, 2017

BRUCE TOERING, individually and on behalf of all those similarly situated, Plaintiff,



         This matter comes before the Court on Plaintiffs motion for final approval of the proposed class settlement (the "Settlement"*) (Dkt. No. 69). The Court has considered all papers filed and proceedings in this matter and is fully informed regarding the facts surrounding the proposed Settlement. Based upon this information, the Court approves the proposed Settlement as fair, reasonable, and adequate. The Court hereby enters this Class Action Settlement Order and Final Judgment ("Final Judgment'*), which constitutes a final adjudication on the merits of all claims of the Settlement Class.

         On March 22, 2017, the Court granted preliminary approval to the proposed Settlement between Plaintiff and Defendant EAN Holdings, LLC (EAN). The proposed Settlement resolves all of the Settlement Class's claims against EAN in exchange for EAN's agreement to provide certain monetary and non-monetary relief to Settlement Class Members as set forth in the Agreement, (Dkt. No. 65-1 at 1-14). On August 1, 2017, the Court held a Settlement Hearing to consider whether to grant final approval to the Settlement and to consider Class Counsel's application for an award of attorney fees and costs ("Fee Application"), (Dkt. No. 64 at 13-14), and a Service Award to Plaintiff. The Court heard argument from counsel and allowed others to appear to voice their support for, or objection to, the Settlement, the Fee Application, or both.

         Having read, reviewed, and considered the papers filed in support of and any in opposition to final approval of the Settlement, including supporting declarations; oral arguments of counsel and presentations by any Settlement Class Members who appeared at the hearing; Class Counsel's Fee Application; the Agreement; and the pleadings, the Court finds and concludes as follows:

         1. Definitions. The definitions and provisions of the Settlement Agreement and Release of Claims (the "Agreement") are fully incorporated into this Final Judgment.

         2. Jurisdiction. The Court has jurisdiction over the subject matter of the Agreement with respect to and over all parties to the Agreement, including Plaintiff and all Settlement Class Members.

         3. Settlement Approval. The Court hereby grants final approval to the Settlement and finds the Settlement is, in all respects, fair, reasonable, and adequate, and in the best interests of the Settlement Class. The Court finds the Settlement is within the authority of the Parties and the result of extensive arm's length negotiations.

         4. Exclusion from Settlement Class. Certain members of the Class have timely requested to be excluded from the Class and the Settlement. Exhibit B, attached to the Declaration of Caroline Barazesh (Dkt. No. 70-2), lists the Class Members who timely requested exclusion. Accordingly, this Final Judgment shall not bind or affect the individuals listed on Exhibit B to the Barazesh Declaration (Dkt. No. 70-2).

         5. Objections. No objections have been brought to the Court's attention.

         6. No Admission. Neither this Final Judgment nor the Agreement is an admission or concession by EAN of the validity of any claims or of any liability or wrongdoing or of any violation of law. This Final Judgment and the Agreement do not constitute a concession and shall not be used as an admission or indication of any wrongdoing, fault, or omission by EAN or any other person in connection with any transaction, event, or occurrence, and neither this Final Judgment nor the Agreement nor any related documents in this proceeding, nor any reports or accounts thereof, shall be offered or received in evidence in any civil, criminal, or administrative action or proceeding, other than such proceedings as may be necessary to consummate or enforce this Final Judgment, the Agreement, and all releases given thereunder, or to establish the affirmative defenses of res judicata or collateral estoppel barring the pursuit of claims released in the Agreement.

         7. Dismissal with Prejudice. The Court hereby dismisses with prejudice all claims of members of the Settlement Class against EAN and other released parties as described in the Agreement.

         8. Release. Plaintiff and the Settlement Class Members release for himself and as the representative of the Settlement Class, and on behalf of each Settlement Class Member and each of their respective agents, successors, heirs, assigns, and any other person who can claim by or through them in any manner, fully, finally, and forever irrevocably release, relinquish, and forever discharge with prejudice all Released Claims against the Released Parties.

         9. Injunction Against Asserting Released Claims. Plaintiff, all Settlement Class Members, and any person or entity allegedly acting on behalf of Settlement Class Members, either directly, representatively, or in any other capacity, are permanently enjoined from commencing or prosecuting against those released via the Agreement any action or proceeding in any court or tribunal asserting any claim released against, provided, however, that this injunction shall not apply to individual claims of any Settlement Class Members listed in Exhibit B to the Barazesh Declaration, (Dkt. No. 70-2), who timely requested exclusion from the Settlement Class. This injunction is necessary to protect and effectuate the Settlement, this Order, and the Court's flexibility and authority to effectuate the Settlement and to enter judgment when appropriate, and is ordered in aid of the Court's jurisdiction and to protect its judgments pursuant to28U.S.C. § 1651(a).

         10. General Release Acknowledgement. By operation of this Final Judgment, the Plaintiff and EAN expressly waive, and each Settlement Class Member is deemed to have waived, any and all claims, rights, or benefits they may have under California Civil Code ยง 1542 and any similar federal or state law, right, ...

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