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Jama v. Golden Gate America LLC

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

July 31, 2018

ABDIKHADAR JAMA an individual, JEES JEES, an individual, and MOHAMED MOHAMED, an individual, Plaintiffs,
v.
GOLDEN GATE AMERICA LLC, a foreign limited liability company and EAN HOLDINGS LLC, ENTERPRISE HOLDINGS, INC., a foreign corporation, and VANGUARD AUTOMOTIVE GROUP, a foreign business entity d/b/a NATIONAL CAR RENTAL, ALAMO RENT A CAR, and ENTERPRISE RENT-A-CAR, Defendants.

          BADGLEY MULLINS TURNER PLLC DUNCAN C. TURNER, ATTORNEYS FOR PLAINTIFFS AND CLASS

          LAW OFFICE OF DANIEL R WHITMORE DANIEL R. WHITMORE, ATTORNEYS FOR PLAINTIFFS AND CLASS

          [PROPOSED] CLASS ACTION SETTLEMENT ORDER AND FINAL JUDGMENT

          HON. ROBERT S. LASNIK UNITED STATES DISTRICT COURT JUDGE

         This matter came before the Court on Plaintiffs' Motion for Final Approval of the proposed class settlement (the "Settlement"). 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 23, 2018, the Court granted preliminary approval to the proposed Settlement between Plaintiffs and Defendant EAN Holdings, LLC ("EAN"). The proposed Settlement resolves all of the Settlement Class Members' claims against Defendants in exchange for EAN's agreement to provide monetary relief to Settlement Class Members as set forth in the Settlement Agreement and Release of Claims ("Agreement"). On July 31, 2018, the Court held a Settlement Hearing to consider whether to grant final approval to the Settlement and to consider Class Counsel's Motion for Attorney's Fees, Costs, and Class Representative Incentive Awards (the "Fee Application"). Dk. #85. 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 and Cost Application; the Agreement; and the pleadings, the Court finds and concludes as follows:

         1. Definitions. The definitions and provisions of 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 Plaintiffs 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. No members of the Class have timely and validly requested to be excluded from the Class and the Settlement.

         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. The Settlement Class members and Plaintiffs, themselves 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 ...


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