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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 LUIS CABRALES, on behalf of himself and all others similarly situated, Plaintiff, 13 v. 14 15 No. 1:14-cv-01138-MCE-JLT JUDGMENT CASTLE & COOKE MORTGAGE, LLC, a Delaware limited liability company, 16 Defendant. 17 18 19 WHEREAS, on November ___, 2016, the Court entered its Order Granting 20 (1) Motion for Final Approval of Class Action Settlement and (2) Motion for Award of 21 Attorneys’ Fees, Litigation Expenses, and Service Payments (the “Final Approval 22 Order”); and WHEREAS, the parties have performed their obligations to date under the 23 24 Settlement Agreement in this Action; 25 /// 26 /// 27 /// 28 /// 1 1 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 2 All terms defined in the Settlement Agreement between the parties to this Action 3 are hereby adopted for purposes of this Judgment as if fully set forth and defined herein. 4 Luis Cabrales, Linda Behrendt, Richard Berni, Mariano Bonilla, Sara Michele 5 Chik, Alex Lee Deboma, and Todd Fandrich, on behalf of themselves and their 6 respective heirs, representatives, successors, assigns, trusts, executors, and attorneys, 7 have released and discharged CCM, and each of CCM’s past and present officers, 8 directors, employees, shareholders, members, partners, agents, representatives, 9 predecessors, successors, parents, subsidiaries, affiliates, assigns, and attorneys, from 10 any and all claims including, but not limited to, claims for actual damages, statutory 11 damages, restitution, disgorgement, unjust enrichment, punitive damages and attorney’s 12 fees that they have or might have against any of them, whether known or unknown as of 13 the date of the Settlement Agreement. 14 All Participating Class Members who did not timely request exclusion from the 15 settlement, on behalf of themselves and each of their respective heirs, representatives, 16 successors, assigns, trusts, executors, and attorneys, have released and discharged 17 CCM, and each of CCM’s past and present officers, directors, employees, shareholders, 18 members, partners, agents, representatives, predecessors, successors, parents, 19 subsidiaries, affiliates, assigns, insurance companies, and attorneys, from any and all 20 claims, whether known or unknown, whether based on federal or state law, including, but 21 not limited to claims under TILA, state law claims under any consumer protection 22 statutes, state unfair or deceptive trade practices laws, or state mortgage practices 23 and/or licensing laws; claims for unjust enrichment, actual damages, statutory damages, 24 restitution, disgorgement, punitive damages and attorney’s fees, that (1) are based on, 25 arise from, or relate to the bonus program that was in effect between April 1, 2011 and 26 July 31, 2013 (or alleged illegality, impropriety or unfairness of same), (2) were alleged 27 or could have been alleged on the same set of operative facts in the Lawsuit, including 28 the First Amended Complaint, and/or (3) arise from the same set of operative facts as 2 1 those pled in the Lawsuit, including the First Amended Complaint. 2 The date on which this Judgment is entered is the Effective Date of the 3 Settlement. The Parties are ORDERED to carry out the Settlement Agreement in the 4 manner provided therein. 5 This Action is terminated with prejudice, provided, however, that the Court retains 6 continuing jurisdiction over the Parties and the Class Members to effectuate and ensure 7 compliance with the Settlement Agreement. 8 9 IT IS SO ORDERED. Dated: February 9, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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