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Veridian Credit Union v. Eddie Bauer LLC

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

October 25, 2019

VERIDIAN CREDIT UNION, on behalf of itself and a class of similarly situated financial institutions, Plaintiff,
v.
EDDIE BAUER LLC, Defendant.

          TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, WSBA #11984 Chase C. Alvord, WSBA #26080, Joseph P. Guglielmo (pro hac vice) SCOTTä £ ATTORNEYS AT LAW LLP The Helmsley Building, Erin G. Comite (pro hac vice) SCOTTä £ ATTORNEYS AT LAW LLP, Gary F. Lynch (pro hac vice) Kevin W. Tucker (pro hac vice) CARLSON LYNCH, LLP, Karen H, Riebel (pro hac vice) Kate Baxter-Kauf (pro hac vice) LOCKJRIDGE GRINDALNAUEN P.L.L.P., Arthur M. Murray (pro hac vice) MURRAY LAW FIRM, Brian C. Gudmundson (pro hac vice) ZIMMERMAN REED, LLP, Bryan L. Bleichner (pro hac vice) CHESTNUT CAMBRONNE PA Attorneys for Plaintiff Veridian Credit Union

          [PROPOSED] FINAL APPROVAL ORDER AND JUDGMENT

          JAMES L. LOB ART UNITED STATES DISTRICT JUDGE

         On June 12, 2019, this Court entered an order granting preliminary approval (the "Preliminary Approval Order") (ECF No, 165) of the Settlement between Plaintiff Veridian Credit Union ("Plaintiff or "Veridian"), on its own behalf and on behalf of the Settlement Class, and Defendant Eddie Bauer LLC ("Eddie Bauer" or "Defendant"), as memorialized in Exhibit A (ECF No. 164-1) to Plaintiffs Unopposed Motion for Preliminary Approval of Class Action Settlement;[1]

         On July 12, 2019, pursuant to the notice requirements set forth in the Settlement and Preliminary Approval Order, the Settlement Class was apprised of the nature and pendency of the Litigation, the terms of the Settlement, and their rights to request exclusion, object, and/or appear at the Final Approval Hearing;

         On September 20, 2019, Plaintiff filed its Motion for Final Approval of the Class Action Settlement (the "Final Approval Motion") and accompanying Joint Declaration of Gary F. Lynch and Joseph P. Guglielmo, along with supporting exhibits; and Class Counsel filed their Motion for an Award of Attorneys' Fees and Reimbursement of Expenses and accompanying declarations from counsel of record in the Litigation setting forth their time and expenses and related exhibits (the "Fee Application");

         On October 25, 2019, the Court held a Final Approval Hearing to determine, inter alia: (1) whether the Settlement is fair, reasonable, and adequate; and (2) whether judgment should be entered dismissing all claims in the Complaint with prejudice. Prior to the Final Approval Hearing, Class Counsel filed a declaration from the Settlement Administrator confirming that the Notice Program was completed in accordance with the Parties' instructions and Preliminary Approval Order. Therefore, the Court is satisfied that Settlement Class Members were properly notified of their right to appear at the Final Approval Hearing in support of, or in opposition to, the proposed Settlement, the award of attorneys' fees, costs, and expenses, and the payment of a Service Award.

         Having given an opportunity to be heard to all requesting persons in accordance with the Preliminary Approval Order, having heard the presentation of Class Counsel and counsel for Eddie Bauer, having reviewed all of the submissions presented with respect to the proposed Settlement, having determined that the Settlement is fair, adequate, and reasonable, having considered the application made by Class Counsel for attorneys' fees, costs, and expenses and a Service Award, and having reviewed the materials m support thereof, and good cause appearing in the record, Plaintiffs Final Approval Motion is GRANTED and Class Counsel's Fee Application is GRANTED, and:

         IT IS HEREBY ORDERED THAT:

         1. The Court has jurisdiction over the subject matter of this Litigation and over all claims raised therein and all Parties thereto, including the Settlement Class. The Court also has personal jurisdiction over the Parties and Settlement Class Members.

         2. The Settlement was entered into in good faith following arm's-length negotiations before an experienced mediator and is non-collusive.

         3. The Settlement is, in all respects, fair, reasonable, and adequate, in the best interests of the Settlement Class, satisfies Rule 23 of the Federal Rules of Civil Procedure ("Rule 23"), and therefore approved. The Court finds that the Parties faced significant risks, expenses, delays, and uncertainties, including as to the outcome, of continued litigation of this complex matter, which further supports the Court's finding that the Settlement is fair, reasonable, adequate and in the best interests of the Settlement Class Members. The Court finds that the uncertainties of continued litigation in both the trial and appellate courts, as well as the expense associated with it, weigh in favor of approval of the Settlement.

         4. This Court grants final approval of the Settlement, including, but not limited to, the releases in the Settlement and the plans for distribution of the Settlement relief. The Court finds that the Settlement is, in all respects, fair, reasonable, and in the best interest of the Settlement Class. Therefore, all Settlement Class Members, who have not opted-out, are bound by the Settlement and this Final Approval Order and Judgment.

         5. The Settlement and every term and provision thereof shall be deemed incorporated herein, as if explicitly set forth herein, and shall have the full force of an order of this Court.

         6. The Parties shall effectuate the Settlement in accordance with its terms.

         OBJECTIONS AND OPT-OUTS

         7. No objections were filed by Settlement Class Members. The Court has considered all objection and finds the objection do not counsel against Settlement approval, and ...


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