Gaylor v. Comala Credit Union
Filing
54
JUDGMENT, in accordance with the 53 memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the parties' 31 & 39 joint motions for final approval of class settlement are granted; (2) this law suit shall be maintained as a class action pursuant to FRCP 23(a) & (b)(3), as further set out in order; (3) the parties are to perform their respective obligations under the settlement agreement, which is affirmed and approved in its entirety and in corporated in this order by reference; (4) subject to this court's retention of jurisdiction to enforce this order and the settlement agreement, all claims asserted in this action, and all claims which have been or could be asserted (by interven tion or otherwise) by or on behalf of any member of the plaintiff-settlement class as described in the settlement agreement are dismissed in their entirety on the merits, with prejudice, and defendant Comala Credit Union is released from all such cla ims; (5) plf Danielle Marie Gaylor and each and all members of the plaintiff-settlement class are permanently enjoined, precluded, and barred from filing, initiating, asserting, maintaining, pursuing, continuing, or participating as a litigant (by in tervention or otherwise) any action, whether an individual lawsuit or a class action, in any court, asserting any of the claims dismissed or any of the released claims as defined in the settlement agreement; (6) the court reserves and maintains con tinuing jurisdiction over all matters, as further set out in order; directing the clerk to file this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 6/6/12. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DANIELLE MARIE GAYLOR,
individually and on behalf
of all others similarly
situated,
Plaintiff,
v.
COMALA CREDIT UNION,
Defendant.
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CIVIL ACTION NO.
2:10cv725-MHT
(WO)
JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The parties’ joint motions for final approval of
class settlement (Doc. Nos. 31 & 39) are granted.
(2) This lawsuit shall be maintained as a class
action pursuant to Federal Rule of Civil Procedure 23(a)
&
(b)(3),
with
a
class
consisting
of
the
following
members: All consumers who initiated an electronic funds
transfer
at
the
Comala
ATMs
located
at
418
Madison
Avenue, Montgomery, AL 36104, 105 North Memorial Drive,
Prattville, AL 36067, 300 Jensen Road, Prattville, AL
36067, and 3380 Eastdale Circle, Montgomery, AL 36117 and
who
were
assessed
a
fee
for
such
electronic
funds
transfer on or after August 26, 2009 (one year prior to
the
filing
of
the
complaint)
and
continuing
through
September 9, 2010 (the date defendant Comala Credit Union
posted an external fee notice).
(3) The parties are to perform their respective
obligations under the settlement agreement, which is
affirmed and approved in its entirety and incorporated in
this order by reference.
(4) Subject to this court’s retention of jurisdiction
to enforce this order and the settlement agreement, all
claims asserted in this action, and all claims which have
been or could be asserted (by intervention or otherwise)
by or on behalf of any member of the plaintiff-settlement
class
as
dismissed
described
in
their
in
the
settlement
entirety
2
on
the
agreement
are
merits,
with
prejudice, and defendant Comala Credit Union is released
from all such claims.
(5) Plaintiff Danielle Marie Gaylor and each and all
members of the plaintiff-settlement class are permanently
enjoined, precluded, and barred from filing, initiating,
asserting,
maintaining,
participating
as
a
pursuing,
litigant
(by
continuing,
or
intervention
or
otherwise) any action, whether an individual lawsuit or
a class action, in any court, asserting any of the claims
dismissed or any of the released claims as defined in the
settlement agreement.
(6)
The
court
reserves
and
maintains
continuing
jurisdiction over all matters relating to the settlement
agreement
or
the
consummation
of
the
settlement
agreement; the validity of the settlement agreement; the
construction and enforcement of the settlement agreement
and any orders entered thereto; any disputes which may
arise between plaintiff-settlement class with respect to
the persons entitled to receive the proceeds of any
3
amounts payable to the plaintiff-settlement class under
the settlement agreement; the entry and enforcement of
this final judgment, including, in the event of reversal,
vacation,
or
modification
of
this
final
judgment,
jurisdiction to reinstate all claims dismissed or claims,
actions,
causes
pursuant
to
pertaining
of
this
to
action
and
judgment;
the
and
settlement
liabilities
all
other
agreement
released
matters
or
its
implementation and enforcement.
The clerk of the court is DIRECTED to file this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 6th day of June, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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