Jeffrey A Thomas v. Dun and Bradstreet Credibility Corp
Filing
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FINAL JUDGMENT by Judge Beverly Reid O'Connell. It is hereby ADJUDGED AND DECREED as follows: This Court hereby dismisses, with prejudice, without costs to any party, except as expressly provided for in the Final Approval Order, the Action. (SEE ATTACHMENT FOR FURTHER DETAILS). (MD JS-6, Case Terminated). (jp)
JS-6
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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JEFFREY A. THOMAS,
individually and on behalf of all
others similarly situated,
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Plaintiff,
v.
DUN & BRADSTREET
CREDIBILITY CORP.,
Defendant.
Case No. CV15-03194 BRO (GJSx)
FINAL JUDGMENT
Judge: Hon. Beverly Reid O’Connell
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JUDGMENT
The Court having held a Final Approval Hearing on March 21, 2017, notice
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of the Final Approval Hearing having been duly given in accordance with this
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Court’s Order (1) Conditionally Certifying a Settlement Class, (2) Preliminarily
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Approving Class Action Settlement, (3) Approving Notice Plan, and (4) Setting
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Final Approval Hearing (“Preliminary Approval Order”), and having issued an
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Order Re Motion for Final Approval of Class Action Settlement and Motion for
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Attorneys’ Fees, Costs, and Class Representative Service Award (“Final Approval
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Order”) that considered all matters submitted to it at the Final Approval Hearing
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and otherwise, and finding no just reason for delay in entry of this Final Judgment
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and good cause appearing therefore,
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It is hereby ADJUDGED AND DECREED as follows:
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1.
The Settlement Agreement dated September 8, 2016, including its
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exhibits (the “Settlement Agreement”), and the definition of words and terms
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contained therein are incorporated by reference in this Judgment. The terms of this
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Court’s Preliminary Approval Order and Final Approval Order are also
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incorporated by reference in this Judgment.
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2.
This Court has jurisdiction over the subject matter of the Action and
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over the Parties, including all members of the Settlement Class certified for
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settlement purposes in this Court’s Preliminary Approval Order and Final Approval
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Order.
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3.
This Court hereby dismisses, with prejudice, without costs to any
party, except as expressly provided for in the Final Approval Order, the Action.
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Upon Final Approval (including, without limitation, the exhaustion of
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any judicial review, or requests for judicial review, from the Final Approval Order),
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the Plaintiff and each and every one of the Settlement Class Members
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unconditionally, fully, and finally releases and forever discharges the Released
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Parties from the Released Claims. In addition, any rights of the Settlement Class
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representative and each and every one of the Settlement Class Members to the
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protections afforded under Section 1542 of the California Civil Code and/or any
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other similar, comparable, or equivalent laws, are terminated.
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5.
Each and every Settlement Class Member, and any person actually or
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purportedly acting on behalf of any Settlement Class Member(s), is hereby
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permanently barred and enjoined from commencing, instituting, continuing,
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pursuing, maintaining, prosecuting, or enforcing any Released Claims (including,
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without limitation, in any individual, class or putative class, representative or other
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action or proceeding), directly or indirectly, in any judicial, administrative, arbitral,
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or other forum, against the Released Parties. This permanent bar and injunction is
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necessary to protect and effectuate the Settlement Agreement, this Final Judgment
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and Order of Dismissal, and this Court’s authority to effectuate the Settlement
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Agreement, and is ordered in aid of this Court’s jurisdiction and to protect its
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judgments.
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6.
A total of 81 Settlement Class Members submitted timely and proper
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Requests for Exclusion. The Court hereby orders that each of those individuals is
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excluded from the Settlement Class. Those individuals will not be bound by the
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Settlement Agreement, and neither will they be entitled to any of its benefits.
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7.
The Settlement Agreement (including, without limitation, its exhibits),
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and any and all negotiations, documents, and discussions associated with it, shall
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not be deemed or construed to be an admission or evidence of any violation of any
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statute, law, rule, regulation or principle of common law or equity, of any liability
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or wrongdoing, by the Released Parties, or of the truth of any of the claims asserted
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by Plaintiff in the Action, and evidence relating to the Settlement Agreement shall
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not be discoverable or used, directly or indirectly, in any way, whether in the
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Action or in any other action or proceeding, except for purposes of enforcing the
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terms and conditions of the Settlement Agreement, the Preliminary Approval Order,
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the Final Approval Order, and/or this Judgment.
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8.
If for any reason the Settlement terminates or Final Approval does not
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occur, then certification of the Settlement Class shall be deemed vacated. In such
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an event, the certification of the Settlement Class for settlement purposes shall not
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be considered as a factor in connection with any subsequent class certification
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issues, and the Parties shall return to the status quo ante in the Action, without
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prejudice to the right of any of the Parties to assert any right or position that could
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have been asserted if the Settlement had never been reached or proposed to the
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Court.
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9.
In the event that any provision of the Settlement or this Final Judgment
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is asserted by Defendant as a defense in whole or in part to any Claim, or otherwise
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asserted (including, without limitation, as a basis for a stay) in any other suit,
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action, or proceeding brought by a Settlement Class Member or any person actually
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or purportedly acting on behalf of any Settlement Class Member(s), that suit, action
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or other proceeding shall be immediately stayed and enjoined until this Court or the
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court or tribunal in which the claim is pending has determined any issues related to
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such defense or assertion. Solely for purposes of such suit, action, or other
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proceeding, to the fullest extent they may effectively do so under applicable law,
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the Parties irrevocably waive and agree not to assert, by way of motion, as a
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defense or otherwise, any claim or objection that they are not subject to the
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jurisdiction of the Court, or that the Court is, in any way, an improper venue or an
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inconvenient forum. These provisions are necessary to protect the Settlement
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Agreement, this Order and this Court’s authority to effectuate the Settlement, and
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are ordered in aid of this Court’s jurisdiction and to protect its judgment.
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10.
By incorporating the Settlement Agreement’s terms herein, the Court
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determines that this Final Judgment complies in all respects with Federal Rule of
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Civil Procedure 65(d)(1).
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Finding that there is no just reason for delay, the Court orders that this
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Final Judgment shall constitute a final judgment pursuant to Rule 54 of the Federal
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Rules of Civil Procedure. The Clerk of the Court is directed to enter this Judgment
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on the docket forthwith.
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IT IS SO ORDERED.
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DATED: March 29, 2017
By:
Honorable Beverly R. O’Connell
United States District Court Judge
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