United States District Court, W.D. Washington, Seattle
DUANE BOWEN, et al., on behalf of themselves and on behalf of all others similarly situated, Plaintiffs,
CSO FINANCIAL, INC., et al.,, Defendants.
C. COUGHENOUR UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiffs' unopposed
motion for final approval of the class action settlement
(Dkt. No. 34), unopposed motion for attorney fees and
statutory damage and service awards (Dkt. No. 28), and the
parties' stipulation and proposed order for injunction
(Dkt. No. 34-2).
Court previously reviewed the Stipulated Settlement Agreement
and Release (“Settlement” or
“Agreement”) in this matter. (Dkt. Nos. 24-1,
24-2.) On February 14, 2018, the Court entered an order (Dkt.
No. 27) granting Plaintiffs' motion for preliminary
approval of the Settlement (Dkt. No. 23).
now move for final approval of the Settlement (Dkt. No. 34).
Plaintiffs and their counsel have also moved for an award of
attorney fees and statutory damage and service awards to the
class representative (Dkt. No. 28), as provided for in the
Settlement. Both motions are unopposed. The parties have
separately filed a stipulation and proposed order for
injunction. (Dkt. No. 34-2). The Court held a fairness (final
approval) hearing on July 10, 2018. No. one appeared at the
fairness hearing to object to the Settlement.
duly considered all submissions and arguments presented, the
Court FINDS and ORDERS as follows:
capitalized terms used in this Final Approval Order and
Judgment shall have the same meaning as defined in the
Agreement, except as may otherwise be ordered.
Court has jurisdiction over the subject matter of this action
and over all claims raised therein and all Parties thereto,
including the Plaintiff Class.
Court hereby approves the Agreement, including the plans for
implementation and distribution of the Settlement Fund, and
finds that the Agreement is, in all respects, fair,
reasonable and adequate to the Plaintiff Class Members,
within the authority of the parties and the result of
extensive arm's length negotiations. The Parties shall
effectuate the Agreement in accordance with its terms. The
Agreement and every term and provision thereof shall be
deemed incorporated herein as if explicitly set forth and
shall have the full force of an Order of this Court.
two Plaintiff Class Members, Tracy A Vaughn and Debbie A
Fagan, opted out of the Plaintiff Class. No. Plaintiff Class
Members filed objections.
Plaintiff Class, which will be bound by this Final Approval
Order and Judgment, shall include members of the Plaintiff
Class who did not submit timely and valid requests to be
Court finds that the plan for Settlement Notice, set forth in
Article VII of the Agreement and effectuated pursuant to the
Preliminary Approval Order, was the best notice practicable
under the circumstances and provided due and sufficient
notice to the Plaintiff Class of the pendency of the Action,
certification of the Class, the existence and terms of the
Agreement, and the Final Approval Hearing, and satisfies the
Federal Rules of Civil Procedure, the United States
Constitution, the requirements set forth in In Re Mercury
Interactive Corp. Sec. Litig., 618 F.3d 988, 994 (9th
Cir. 2010), and any other applicable law.
Agreement is in all respects fair, reasonable, and adequate,
is in the best interests of the Plaintiff Class, and is
persons who have not made their objections to the settlement
in the manner provided in the Agreement are deemed to have
waived any objections by appeal, collateral attack, or
Within the time period set forth in Section 4 of the
Agreement, settlement payments shall be issued to each
Plaintiff Class Member ...