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Jantos v. Directv

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

June 14, 2019

JAMES JANTOS, individually, and on behalf of similarly situated individuals, Plaintiff,
v.
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 CenturyLink QC.

          CORR CRONIN, LLP Emily J. Harris, Jordan M. Hallstrom, Attorneys for Defendant DIRECTV and DIRECTV, LLC.

          ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

          Thomas S. Zilly United States District Judge.

         Hon. 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 parties' Settlement.

         On 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.

         This 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.

         The 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.

         Having 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 follows:

         I. CERTIFICATION OF THE SETTLEMENT CLASS

         A. This 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.

         B. One 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.

         II. APPROVAL OF CLASS AND CAFA NOTICE

         C. The 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 Settlement ...


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