Cedric Chan v. Sutter Health Sacramento Sierra Region

Filing 95

FINAL JUDGMENT AND ORDER OF DISMISSAL by Judge John A. Kronstadt. See Judgment for details. (MD JS-6, Case Terminated). (jy)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Case No.: 2:15-cv-02004-JAK-AGR

CEDRIC CHAN,
INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS
SIMILARLY SITUATED,

FINAL JUDGMENT AND
ORDER OF DISMISSAL

PLAINTIFF,

JS-6

V.
BAYSIDE INSURANCE
ASSOCIATES, INC.,

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DEFENDANT.

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FINAL JUDGMENT AND ORDER OF DISMISSAL
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CASE NO.: 2:15-CV-02004-JAK-AGR

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Plaintiff Cedric Chan (“Mr. Chan” or “Plaintiff”) and defendant Bayside Insurance

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Associates, Inc. (“Bayside” or “Defendant”), entered into a Settlement Agreement

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and Release (the “Agreement”), which has been approved by the Court. The

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Agreement applies to members of the following class (“Settlement Class”):

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All persons within the United States who were sent one or more text

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messages by Defendant for marketing purposes on a cellular

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telephone number between February 1, 2015 and March 31, 2015.

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Based on the Agreement,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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I.

INJUNCTION: The following injunction is entered:
(1) As of the Effective Date of this final order, and remaining in effect for a
period of four (4) years thereafter: (a) Bayside shall not make, or
cooperate with others to make, SMS text messages to cellular phones
unless each text-message recipient has given explicit written prior
express consent to receive such text messages (in a manner explained
below); (b) Bayside shall require any contract it enters into for the
purpose of obtaining consumer cell phone numbers to transmit text
messages, to provide that Bayside and each entity with whom it
contracts to obtain consumer cell phone numbers shall keep documented
proof of all prior express consent received from the owners of said cell
phone numbers for a period of four (4) years after said consent is
obtained; (c) Bayside shall require any contract it enters into for the
purpose of obtaining consumer cell phone numbers to transmit text
messages, to state that the requisite “prior express consent” must be
obtained by written means, including electronic methods, and require
that if a cellular phone number is obtained on a website, that any
authorization must include an affirmative action on the part of the
consumer, such as checking a box or clicking on an “I Accept,”
“Submit,” “Proceed,” or similar button with disclosures informing that
the affirmative action will result in receiving text messages, which are
presented on the same page as the required affirmative action indicating
consent, with the text of such disclosers placed within a reasonable
distance (for example 200 pixels on a 100 PPI screen) from the
telephone number field or submit button, and in text of sufficient size
and contrast to be clearly legible; and,

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FINAL JUDGMENT AND ORDER OF DISMISSAL
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CASE NO.: 2:15-CV-02004-JAK-AGR

(2) Bayside will pay all costs associated with the implementation of this
injunction.

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II.

RELEASE OF CLAIMS AND DISMISSAL OF LAWSUIT: The class

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representative, all members of the Settlement Class (“Class Members”), and

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their successors and assigns are permanently barred and enjoined from

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instituting or prosecuting, either individually or as a class, or in any other

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capacity, any claim on the basis of any unsolicited marketing text messages

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sent by Defendant on a cellular telephone number to Class Members in

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February and March 2015 using an automatic telephone dialing system,

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except as elsewhere noted. Nor shall such a claim be brought against

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Defendant’s past, present and future directors, officers, partners, owners,

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principals, employees, affiliates, agents, predecessors, successors, insurers,

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shareholders, and attorneys, whether known or unknown, existing at the

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time of execution of the agreement on March 30, 2016, except as elsewhere

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noted. However, this does not preclude any claims of Plaintiff and the Class

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Members to any statutory damages or any monetary relief of any kind.

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III. This action, including all claims asserted herein, is hereby dismissed with

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prejudice.

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IV. Without affecting the finality of this Final Judgment and Order of Dismissal,

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the Court hereby retains continuing and exclusive jurisdiction over the Parties

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and all matters relating to the Action and/or Agreement, including the

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administration, interpretation, construction, effectuation, enforcement, and

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consummation of the settlement and this Order and Judgment.

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IT IS SO ORDERED.

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DATED: February 23, 2017

______________________________
THE HON. JOHN A. KRONSTADT
U.S. DISTRICT JUDGE

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FINAL JUDGMENT AND ORDER OF DISMISSAL
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CASE NO.: 2:15-CV-02004-JAK-AGR