Cabrales v. Castle & Cooke Mortgage, LLC

Filing 52

JUDGMENT dated *2/10/17* entered pursuant to order signed by District Judge Morrison C. England, Jr., on 2/9/17. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS CABRALES, on behalf of himself
and all others similarly situated,
Plaintiff,

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v.

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No. 1:14-cv-01138-MCE-JLT

JUDGMENT

CASTLE & COOKE MORTGAGE, LLC,
a Delaware limited liability company,

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Defendant.

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WHEREAS, on November ___, 2016, the Court entered its Order Granting

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(1) Motion for Final Approval of Class Action Settlement and (2) Motion for Award of

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Attorneys’ Fees, Litigation Expenses, and Service Payments (the “Final Approval

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Order”); and
WHEREAS, the parties have performed their obligations to date under the

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Settlement Agreement in this Action;

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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All terms defined in the Settlement Agreement between the parties to this Action

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are hereby adopted for purposes of this Judgment as if fully set forth and defined herein.

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Luis Cabrales, Linda Behrendt, Richard Berni, Mariano Bonilla, Sara Michele

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Chik, Alex Lee Deboma, and Todd Fandrich, on behalf of themselves and their

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respective heirs, representatives, successors, assigns, trusts, executors, and attorneys,

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have released and discharged CCM, and each of CCM’s past and present officers,

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directors, employees, shareholders, members, partners, agents, representatives,

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predecessors, successors, parents, subsidiaries, affiliates, assigns, and attorneys, from

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any and all claims including, but not limited to, claims for actual damages, statutory

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damages, restitution, disgorgement, unjust enrichment, punitive damages and attorney’s

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fees that they have or might have against any of them, whether known or unknown as of

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the date of the Settlement Agreement.

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All Participating Class Members who did not timely request exclusion from the

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settlement, on behalf of themselves and each of their respective heirs, representatives,

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successors, assigns, trusts, executors, and attorneys, have released and discharged

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CCM, and each of CCM’s past and present officers, directors, employees, shareholders,

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members, partners, agents, representatives, predecessors, successors, parents,

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subsidiaries, affiliates, assigns, insurance companies, and attorneys, from any and all

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claims, whether known or unknown, whether based on federal or state law, including, but

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not limited to claims under TILA, state law claims under any consumer protection

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statutes, state unfair or deceptive trade practices laws, or state mortgage practices

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and/or licensing laws; claims for unjust enrichment, actual damages, statutory damages,

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restitution, disgorgement, punitive damages and attorney’s fees, that (1) are based on,

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arise from, or relate to the bonus program that was in effect between April 1, 2011 and

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July 31, 2013 (or alleged illegality, impropriety or unfairness of same), (2) were alleged

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or could have been alleged on the same set of operative facts in the Lawsuit, including

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the First Amended Complaint, and/or (3) arise from the same set of operative facts as
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those pled in the Lawsuit, including the First Amended Complaint.

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The date on which this Judgment is entered is the Effective Date of the

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Settlement. The Parties are ORDERED to carry out the Settlement Agreement in the

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manner provided therein.

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This Action is terminated with prejudice, provided, however, that the Court retains

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continuing jurisdiction over the Parties and the Class Members to effectuate and ensure

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compliance with the Settlement Agreement.

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IT IS SO ORDERED.
Dated: February 9, 2017

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