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Bowen v. CSO Financial Inc.

United States District Court, W.D. Washington, Seattle

July 10, 2018

DUANE BOWEN, et al., on behalf of themselves and on behalf of all others similarly situated, Plaintiffs,
v.
CSO FINANCIAL, INC., et al.,, Defendants.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

         This 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).

         The 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).

         Plaintiffs 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.

         Having duly considered all submissions and arguments presented, the Court FINDS and ORDERS as follows:

         1. The 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.

         2. The Court has jurisdiction over the subject matter of this action and over all claims raised therein and all Parties thereto, including the Plaintiff Class.

         3. The 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.

         4. Only two Plaintiff Class Members, Tracy A Vaughn and Debbie A Fagan, opted out of the Plaintiff Class. No. Plaintiff Class Members filed objections.

         5. The 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 excluded.

         6. The 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.

         7. The Agreement is in all respects fair, reasonable, and adequate, is in the best interests of the Plaintiff Class, and is therefore approved.

         8. All 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 otherwise.

         9. Within the time period set forth in Section 4 of the Agreement, settlement payments shall be issued to each Plaintiff Class Member ...


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