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