United States District Court, W.D. Washington, Seattle
C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiff's unopposed
motion for class certification, the appointment of a class
representative and its attorney, the appointment of a
settlement administrator, the approval of the notice of
settlement, the preliminary approval of the settlement
agreement, and the establishment of related deadlines (Dkt.
No. 44). After reviewing the documents filed in support of
Plaintiff's motion, the Court hereby ORDERS the
Court GRANTS preliminary approval of the proposed settlement
upon the terms and conditions set forth in the Stipulated
Settlement Agreement and Release (Dkt. No. 45 at 15-25) and
the Addendum to Stipulated Settlement Agreement and Release
(Id. at 27-29) (collectively
“Agreement”). The Court preliminarily finds that
the terms of the Agreement are fair, adequate and reasonable
and comply with Federal Rule of Civil Procedure
Court orders that the following Settlement
Class ("Settlement Class") is
preliminarily certified for settlement purposes only: All
consumers, as defined by the Fair and Accurate Credit
Transactions Act (“FACTA”), 15 U.S.C. § 1681
et seq., to whom Tacoma Screw Products, Inc.
(“TSP”) provided, at any time during the period
from July 1, 2014 to July 14, 2016, an electronically printed
receipt at the point of a sale or a transaction at any TSP
store, on which receipt was printed the expiration date of
the consumer's credit card or debit card.
Court finds that, for purposes of the Agreement, the
above-defined Settlement Class meets all of the requirements
for class certification. The Court further finds that, for
purposes of the Agreement, the requirements of FRCP 23 are
satisfied and that (a) the Settlement Class is ascertainable,
(b) the members of the Settlement Class are so numerous that
joinder is impracticable, (c) there are questions of law and
fact common to the Settlement Class members which predominate
over any individual questions, (d) the representative
Plaintiff's claims are typical of the claims of the
Settlement Class members, (e) the Class Representative and
Class Counsel have fairly, adequately, reasonably, and
competently represented and protected the interests of the
Settlement Class, and (f) a class action is superior to other
available methods for the fair and efficient adjudication of
Court appoints Plaintiff Albert Viesse as the Class
Representative for the Settlement Class.
Court appoints attorneys Chant Yedalian of Chant &
Company, a Professional Law Corporation, and James A.
Sturdevant as Class Counsel for the Settlement Class.
Court appoints Atticus Administration, LLC as the Settlement
Court preliminarily finds that the Agreement is the product
of serious, informed, non-collusive negotiations conducted at
arm's-length by the parties. In making these preliminary
findings, the Court considered, among other factors, the
potential statutory damages claimed in the lawsuit on behalf
of Plaintiff and members of the Settlement Class,
Defendant's potential liability, the risks of continued
litigation including trial outcome, delay and potential
appeals, the substantial benefits available to the Settlement
Class as a result of the Agreement, and the fact that the
proposed settlement represents a compromise of the
Parties' respective positions rather than the result of a
finding of liability at trial. The Court further
preliminarily finds that the terms of the Agreement have no
obvious deficiencies and do not improperly grant preferential
treatment to any individual member of the Settlement Class.
Court approves the proposed manner of the notice of
settlement set forth in the Agreement. The Court also
approves the Claim Form, Short-Form Notice, and Full Notice
attached to the Addendum to the Agreement as Exhibits A, B,
and C, respectively.
Court finds that the proposed manner of the notice of
settlement set forth in the Agreement and Addendum, and the
Claim Form, Short-Form Notice, and Full Notice the Court
approves of, as set forth in paragraph 8, constitutes the
best notice practicable under the circumstances and is in
full compliance with the United States Constitution, FRCP
Rule 23, and the requirements of due process. The Court
further finds that the notice fully and accurately informs
Settlement Class members of all material elements of the
lawsuit and the Agreement, of each member's right to be
excluded from the Agreement, and each member's right and
opportunity to object to the Agreement and to be heard at the
fairness (final approval) hearing.
Settlement Class members will have until 60 calendar days
after the date Short-Form Notice is first posted by TSP to
exclude themselves from the Agreement (the "Opt-Out
Deadline"). Settlement Class members may opt out by
timely sending a written request to the Settlement
Administrator postmarked no later than the Opt-Out Deadline.
The Settlement Administrator shall promptly provide a copy of
any opt-out request to counsel for each of the Parties.
Settlement Class members who timely opt out of the Agreement:
(a) will not be a part of the Agreement; (b) will have no
right to receive any benefits under the Agreement; (c) will
not be bound by the terms of the Agreement; and (d) will not
have any right to object to the terms of the Agreement or to
be heard at the fairness hearing.
Settlement Class member, on his or her own, or through an
attorney hired at his or her own expense, may object to the
terms of the Agreement. Any such objection must be filed with
the Court and also served on Class Counsel and counsel for
TSP. To be effective, any such objection must be in writing
and include the contents described in paragraph 13 below, and
must be filed and served no later than sixty (60) calendar
days after the date Short-Form Notice is first posted by TSP.
Any objections not raised properly and timely will be waived.
Settlement Class member, on his or her own, or through an
attorney hired at his or her own expense, may object to Class
Counsel's motion for an award of attorney fees and costs
and/or the Class Representative's motion for service (or
incentive) award. Such motion will be posted on the
Settlement Website no later than thirty (30) calendar days
before the final fairness hearing scheduled by the Court. Any
objection must be filed with the Court and also served on
Class Counsel and counsel for TSP. To be effective, any such
objection must be in writing and include the contents
described in paragraph 13 ...