Aram Terteryan v. Nissan Motor Acceptance Corporation
Filing
147
FINAL JUDGMENT by Judge George H. Wu. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This judgment applies to and binds the named plaintiffs, AramTerteryan, Tatyana Davtyan and Marine Davtyan, the defendant Nissan Motor Acceptance Company LLC, formerly known and sued as Nissan Motor Acceptance Corporation ("NMAC"), and the certified plaintiff settlement class. This action is dismissed with prejudice. However, the Court retains jurisdiction to interpret, implement, enforce, and resolve disputes regarding the Settlement Agreement and the Claims Administrator's distribution of funds pursuant to that Agreement. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
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11 ARAM TERTERYAN, TATYANA
DAVTYAN, and MARINE
12 DAVTYAN, individually and on behalf
all others similarly situated,
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Plaintiff,
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vs.
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NISSAN MOTOR ACCEPTANCE
16 CORPORATION,
Case No. CV 16-2029-GW-KSx
Hon. George H. Wu
Crtrm 9D – 1st Street
FINAL JUDGMENT
Action filed:
Trial Date:
March 24, 2016
None Set
Defendant.
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On August 29, 2022, this Court entered its Order finally approving the class
20 action settlement of this case. (Dkt. 145.) Based on that Order, and good cause
21 appearing,
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
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1.
This judgment applies to and binds the named plaintiffs, Aram
24 Terteryan, Tatyana Davtyan and Marine Davtyan, the defendant Nissan Motor
25 Acceptance Company LLC, formerly known and sued as Nissan Motor Acceptance
26 Corporation (“NMAC”), and the certified plaintiff settlement class defined as:
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a. all persons in the United States to whose cellular telephones NMAC placed one or more non-emergency Calls
b. using equipment that constitutes or may constitute an
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automatic telephone dialing system or an artificial or
prerecorded voice c. during the Class Period and d. who
were not a party to any agreement with NMAC.
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NMAC, any affiliate or subsidiary of NMAC, any entities in which any of
4 such companies have a controlling interest, the staff of the Court, and counsel in this
5 case are excluded from the class.
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2.
The terms of the Settlement Agreement and Release (“Settlement
7 Agreement”; Dkt. 109-1) are approved and incorporated into this judgment by this
8 reference.
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3.
Each named plaintiff and each class member is bound by the terms of
10 sections 2.32, 13.01-13.03 and 13.05 of the Settlement Agreement which provide”
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2.32 “Released Parties” means NMAC and each of its
respective past, present and future parents, subsidiaries,
affiliated companies and corporations, and each of their
respective past, present, and future directors, officers,
managers, employees, general partners, limited partners,
principals, insurers, reinsurers, shareholders, attorneys,
advisors, representatives, predecessors, successors,
divisions, assigns, or related entities, and each of their
respective executors, successors, and legal representatives.
“Released Parties” specifically includes all corporate
affiliates of NMAC and all entities with which NMAC
contracts to obtain representatives to place calls.
13.01 Released Claims. Plaintiffs and each Settlement
Class Member, as well as their respective assigns,
executors, administrators, successors and agents, hereby
release, resolve, relinquish and discharge each and all of
the Released Parties from each of the Released Claims (as
defined below). The Settlement Class Members further
agree that they will not institute any action or cause of
action (in law, in equity or administratively), suits, debts,
liens, or claims, known or unknown, fixed or contingent,
which they may have or claim to have, in state or federal
court, in arbitration, or with any state, federal or local
government agency or with any administrative or advisory
body, arising from the Released Claims. The release does
not apply to members of the Class who timely opt-out of
the Settlement.
13.02 Released Claims. “Released Claims” mean any and
all claims, causes of action, suits, obligations, debts,
demands, agreements, promises, liabilities, damages,
losses, controversies, costs, expenses and attorneys’ fees
of any nature whatsoever, whether based on any federal
law, state law, common law, territorial law, foreign law,
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[Proposed] Judgment
contract, rule, regulation, any regulatory promulgation
(including, but not limited to, any opinion or declaratory
ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted,
foreseen or unforeseen, actual or contingent, liquidated or
unliquidated, punitive or compensatory, as of the date of
the Final Approval Order, that arise out of or relate to the
Released Parties’ use of an “automatic telephone dialing
system” or “artificial or prerecorded voice” to contact or
attempt to contact Settlement Class Members during the
Class Period. Nothing in the Settlement shall be construed
as a waiver of Settlement Class Members’ rights to contact, in any way or for any purpose, any state or federal
agency regarding the activities of any party.
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13.03 Waiver of Unknown Claims. Without limiting the
foregoing, the Released Claims specifically extend to
claims that Plaintiffs do not know or suspect to exist in
their favor at the time that the Settlement and the releases
contained therein become effective. This Section constitutes a waiver, without limitation as to any other applicable law, of Section 1542 of the California Civil Code ….
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13.05 Covenant Not To Sue. Plaintiffs agree and covenant,
and each Settlement Class Member will be deemed to have
agreed and covenanted, not to sue any of the Released
Parties with respect to any of the Released Claims and
agree to be forever barred from doing so in any court of
law or equity, arbitration proceeding, or any other forum.
However, nothing herein is intended to restrict any Settlement Class Member from contacting, assisting or cooperating with any government agency.
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4.
As the appointed the Claims Administrator in this case. The Claims
19 Administrator, KCC Class Action Services, shall distribute net settlement funds in
20 accordance with section 7.10 of the Settlement Agreement and the Final Approval
21 Order. The Claims Administrator shall pay any remaining unused funds to The
22 Samuelson Law Clinic, an experiential clinic at the University of California,
23 Berkeley School of Law as provided in section 7.10(f) of the Settlement Agreement.
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As the appointed class representatives for the plaintiff settlement class
25 defined in paragraph 1 above, plaintiffs Aram Terteryan, Marine Davtyan, and
26 Tatyana Davtyan have each been awarded $10,000 which the Claims Administrator
27 shall pay to them from the settlement funds, as provided in sections 5.04 and 7.10(b)
28 of the Settlement Agreement.
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As the appointed counsel for the plaintiff settlement class defined in
2 paragraph 1 above, the law firms of Kemnitzer, Barron & Krieg, L.L.P. and
3 Lyngklip & Associates have been awarded $733,333.00 in attorney’s fees and
4 $128,927.00 in costs, which the Claims Administrator shall pay to class counsel
5 from the settlement funds, as provided in section 7.10(a) of the Settlement
6 Agreement.
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7.
This action is dismissed with prejudice. However, the Court retains
8 jurisdiction to interpret, implement, enforce, and resolve disputes regarding the
9 Settlement Agreement and the Claims Administrator’s distribution of funds pursuant
10 to that Agreement.
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12 DATED: September 1, 2022
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Hon. George H. Wu
United States District Judge
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