Jeffrey A Thomas v. Dun and Bradstreet Credibility Corp

Filing 82

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)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 13 JEFFREY A. THOMAS, individually and on behalf of all others similarly situated, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. DUN & BRADSTREET CREDIBILITY CORP., Defendant. Case No. CV15-03194 BRO (GJSx) FINAL JUDGMENT Judge: Hon. Beverly Reid O’Connell 1 2 JUDGMENT The Court having held a Final Approval Hearing on March 21, 2017, notice 3 of the Final Approval Hearing having been duly given in accordance with this 4 Court’s Order (1) Conditionally Certifying a Settlement Class, (2) Preliminarily 5 Approving Class Action Settlement, (3) Approving Notice Plan, and (4) Setting 6 Final Approval Hearing (“Preliminary Approval Order”), and having issued an 7 Order Re Motion for Final Approval of Class Action Settlement and Motion for 8 Attorneys’ Fees, Costs, and Class Representative Service Award (“Final Approval 9 Order”) that considered all matters submitted to it at the Final Approval Hearing 10 and otherwise, and finding no just reason for delay in entry of this Final Judgment 11 and good cause appearing therefore, 12 It is hereby ADJUDGED AND DECREED as follows: 13 1. The Settlement Agreement dated September 8, 2016, including its 14 exhibits (the “Settlement Agreement”), and the definition of words and terms 15 contained therein are incorporated by reference in this Judgment. The terms of this 16 Court’s Preliminary Approval Order and Final Approval Order are also 17 incorporated by reference in this Judgment. 18 2. This Court has jurisdiction over the subject matter of the Action and 19 over the Parties, including all members of the Settlement Class certified for 20 settlement purposes in this Court’s Preliminary Approval Order and Final Approval 21 Order. 22 23 24 3. This Court hereby dismisses, with prejudice, without costs to any party, except as expressly provided for in the Final Approval Order, the Action. 4. Upon Final Approval (including, without limitation, the exhaustion of 25 any judicial review, or requests for judicial review, from the Final Approval Order), 26 the Plaintiff and each and every one of the Settlement Class Members 27 unconditionally, fully, and finally releases and forever discharges the Released 28 Parties from the Released Claims. In addition, any rights of the Settlement Class 2 1 representative and each and every one of the Settlement Class Members to the 2 protections afforded under Section 1542 of the California Civil Code and/or any 3 other similar, comparable, or equivalent laws, are terminated. 4 5. Each and every Settlement Class Member, and any person actually or 5 purportedly acting on behalf of any Settlement Class Member(s), is hereby 6 permanently barred and enjoined from commencing, instituting, continuing, 7 pursuing, maintaining, prosecuting, or enforcing any Released Claims (including, 8 without limitation, in any individual, class or putative class, representative or other 9 action or proceeding), directly or indirectly, in any judicial, administrative, arbitral, 10 or other forum, against the Released Parties. This permanent bar and injunction is 11 necessary to protect and effectuate the Settlement Agreement, this Final Judgment 12 and Order of Dismissal, and this Court’s authority to effectuate the Settlement 13 Agreement, and is ordered in aid of this Court’s jurisdiction and to protect its 14 judgments. 15 6. A total of 81 Settlement Class Members submitted timely and proper 16 Requests for Exclusion. The Court hereby orders that each of those individuals is 17 excluded from the Settlement Class. Those individuals will not be bound by the 18 Settlement Agreement, and neither will they be entitled to any of its benefits. 19 7. The Settlement Agreement (including, without limitation, its exhibits), 20 and any and all negotiations, documents, and discussions associated with it, shall 21 not be deemed or construed to be an admission or evidence of any violation of any 22 statute, law, rule, regulation or principle of common law or equity, of any liability 23 or wrongdoing, by the Released Parties, or of the truth of any of the claims asserted 24 by Plaintiff in the Action, and evidence relating to the Settlement Agreement shall 25 not be discoverable or used, directly or indirectly, in any way, whether in the 26 Action or in any other action or proceeding, except for purposes of enforcing the 27 terms and conditions of the Settlement Agreement, the Preliminary Approval Order, 28 the Final Approval Order, and/or this Judgment. -3- 1 8. If for any reason the Settlement terminates or Final Approval does not 2 occur, then certification of the Settlement Class shall be deemed vacated. In such 3 an event, the certification of the Settlement Class for settlement purposes shall not 4 be considered as a factor in connection with any subsequent class certification 5 issues, and the Parties shall return to the status quo ante in the Action, without 6 prejudice to the right of any of the Parties to assert any right or position that could 7 have been asserted if the Settlement had never been reached or proposed to the 8 Court. 9 9. In the event that any provision of the Settlement or this Final Judgment 10 is asserted by Defendant as a defense in whole or in part to any Claim, or otherwise 11 asserted (including, without limitation, as a basis for a stay) in any other suit, 12 action, or proceeding brought by a Settlement Class Member or any person actually 13 or purportedly acting on behalf of any Settlement Class Member(s), that suit, action 14 or other proceeding shall be immediately stayed and enjoined until this Court or the 15 court or tribunal in which the claim is pending has determined any issues related to 16 such defense or assertion. Solely for purposes of such suit, action, or other 17 proceeding, to the fullest extent they may effectively do so under applicable law, 18 the Parties irrevocably waive and agree not to assert, by way of motion, as a 19 defense or otherwise, any claim or objection that they are not subject to the 20 jurisdiction of the Court, or that the Court is, in any way, an improper venue or an 21 inconvenient forum. These provisions are necessary to protect the Settlement 22 Agreement, this Order and this Court’s authority to effectuate the Settlement, and 23 are ordered in aid of this Court’s jurisdiction and to protect its judgment. 24 10. By incorporating the Settlement Agreement’s terms herein, the Court 25 determines that this Final Judgment complies in all respects with Federal Rule of 26 Civil Procedure 65(d)(1). 27 28 -4- 1 11. Finding that there is no just reason for delay, the Court orders that this 2 Final Judgment shall constitute a final judgment pursuant to Rule 54 of the Federal 3 Rules of Civil Procedure. The Clerk of the Court is directed to enter this Judgment 4 on the docket forthwith. 5 IT IS SO ORDERED. 6 7 8 9 10 DATED: March 29, 2017 By: Honorable Beverly R. O’Connell United States District Court Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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