United States District Court, W.D. Washington, Seattle
JAMES JANTOS, individually, and on behalf of similarly situated individuals, Plaintiff,
DIRECTV, a Delaware Corporation; DIRECTV, LLC, a California Limited Liability Corporation; and QWEST CORPORATION d/b/a CENTURYLINK QC, a Colorado Corporation, Defendants.
SIRIANNI YOUTZ SPOONEMORE HAMBURGER PLLC, Richard E.
Spoonemore, MYERS & COMPANY, PLLC, Michael David Myers,
Attorneys for Plaintiff James Jantos.
WHEELER TRIGG O'DONNELL, Kathryn A. Reilly, Jennifer J.
Oxley, PERKINS COIE, Erin K. Earl, Todd M. Hinnen, Amanda J.
Beane, Attorneys for Defendant Qwest Corporation d/b/a
CRONIN, LLP Emily J. Harris, Jordan M. Hallstrom, Attorneys
for Defendant DIRECTV and DIRECTV, LLC.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
S. Zilly United States District Judge.
Thomas S. Zilly THIS MATTER comes before the Court on the
Parties' joint motion for final approval of the proposed
class settlement (the “Settlement”), docket no.
50, and Plaintiff's motion for attorney fees, costs, and
incentive award, docket no. 47. The Court has considered all
papers filed in support of such motions, and is fully
informed regarding the facts surrounding the proposed
Settlement. Based upon this information, the Court has
determined to approve the proposed Settlement as fair,
reasonable and adequate. The Court hereby enters this Order,
which constitutes a final adjudication concerning the
December 12, 2018, Plaintiff James Jantos, on behalf of
himself and the Settlement Class, and Defendants DIRECTV,
DIRECTV, LLC, and QWEST CORPORATION d/b/a CENTURYLINK QC
(“Defendants”) (collectively, “the
Parties”), executed an Amended Class Action Settlement
Agreement and Release of All Claims (“Settlement
Agreement” or “Agreement”). All defined
terms in this Order (i.e., all capitalized words or phrases
introduced within quotation marks) shall have the same
definitions and meanings as those set forth in the
Parties' Settlement Agreement.
Court granted preliminary approval to the proposed class
action settlement between the Parties in its Order Granting
Preliminary Approval of Class Action Settlement (docket no.
46) (“Preliminary Approval Order”). The proposed
Settlement resolves all of the Settlement Class's and the
DIRECTV Subclass's claims against Defendants in exchange
for specified benefits outlined in the Settlement Agreement.
The Court also certified the Settlement Class and the DIRECTV
Subclass for settlement purposes only, appointed Plaintiff
James Jantos as the Class Representative of the Settlement
Class and the DIRECTV Subclass, and appointed the law firms
of Sirianni Youtz Spoonemore Hamburger, and Myers &
Company, PLLC as Class Counsel for the Settlement Class and
the DIRECTV Subclass.
Court held a fairness hearing on June 14, 2019, to consider
whether to grant final approval to the Settlement. The Court
heard argument from counsel for the Parties concerning the
Settlement. No. other person appeared to object, to support,
or comment on the Settlement.
read, reviewed and considered the papers filed in support of
final approval of the Settlement, to which no written
objection was filed, the Settlement Agreement, and the
pleadings, the Court now FINDS, CONCLUDES, AND ORDERS as
CERTIFICATION OF THE SETTLEMENT CLASS
Court confirms that the proposed Settlement satisfies the
requirements of Fed.R.Civ.P. 23, as found in the Court's
Preliminary Approval Order. Accordingly, this Court makes
final its conditional certification of the “Settlement
Class” and the “DIRECTV Subclass” as
defined in its Preliminary Approval Order.
member of the Settlement Class, June Williams, has timely
requested to be excluded from the Class and the Settlement.
Accordingly, this Order and the Settlement shall not bind or
affect June Williams.
APPROVAL OF CLASS AND CAFA NOTICE
Settlement Administrator completed the delivery of Class
Notice according to the terms of the Settlement Agreement and
the Preliminary Approval Order. The Notice given to the
Settlement Class, which set forth the principal terms of the