Whittenburg et al v. Kohl's Corporation

Filing 59

FINAL ORDER and JUDGMENT. Motions terminated: (21 in 3:12-cv-00119-CRB) MOTION for Attorney Fees , Costs, Expenses and Incentive Fees filed by Carla Burdewick, (22 in 3:12-cv-00119-CRB) MOTION Final Approval of Class Action Settlement filed by Carla Burdewick. Signed by Judge Charles R. Breyer on 1/11/2013. (beS, COURT STAFF) (Filed on 1/11/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LINDSAY LAW CORPORATION
21 Natoma Street, Suite 160
Folsom, California 95630

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CARLA BURDEWICK, on behalf of herself
and all others similarly situated,

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Plaintiff,
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vs.
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KOHL’S DEPARTMENT STORES, INC., a )
Delaware corporation; and DOES 1 through 50, )
inclusive,
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Defendants.
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CASE NO.: 3:12-CV-00119 CRB
[PROPOSED] FINAL ORDER AND
JUDGMENT

Date:
Time:
Place:
Judge:

January 11, 2013
10:00 a.m.
17th Floor, Courtroom 6
Hon. Charles R. Breyer

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On January 11, 2013, this Court heard Plaintiff Carla Burdewick’s unopposed motion for

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final approval of the class action settlement. This Court reviewed the motion and the supporting

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papers, including the Settlement Agreement and Release (“Agreement”), and heard the

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arguments of Counsel. No objections to the class action settlement were filed or presented to the

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Court by any Class Member. As such, based on the review of the settlement and the findings

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below, the Court found good cause to grant the motion.

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FINDINGS:

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1.

The Agreement is fair, reasonable, and adequate.

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2.

The Parties adequately performed their obligations under the Agreement.

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3.

Defendant Kohl’s (“Kohl’s” or “Defendant”) provided notice to Class Members

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in compliance with Paragraph 3.2 of the Agreement, and the notice satisfied due process and
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Rule 23(e) of the Federal Rules of Civil Procedure. The notice: (i) fully and accurately

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informed Class Members about the lawsuit and settlement, (ii) provided sufficient information so

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that Class Members were able to decide whether to accept the benefits offered, opt out and

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pursue their own remedies, or object to the proposed settlement; (iii) provided procedures for

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Class Members to file written objections to the proposed settlement; and (iv) provided the time,

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date and place of the final fairness hearing.

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4.

An award to Class Counsel of $215,000 for attorneys’ fees, costs and expenses is

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fair and reasonable in light of the nature of the case, work performed, Class Counsel’s

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experience, and the benefits obtained for the Class.

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5.

An incentive award to Plaintiff Carla Burdewick of $7,500 is fair and reasonable

LINDSAY LAW CORPORATION
21 Natoma Street, Suite 160
Folsom, California 95630

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in light of Plaintiff’s risks (including financial, professional, and emotional) in commencing this

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action as the Class Representative, the time and effort spent by Plaintiff in litigating this action

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as the Class Representative, and Plaintiff’s public interest service.

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IT IS ORDERED THAT:

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1.

Class Members. The Class Members are defined as: “All California Kohl’s

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customers who, from March 4, 2010 through the date the Preliminary Approval Order, conducted

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a consumer credit card purchase transaction with Kohl’s and from whom Kohl’s requested and

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recorded the customer’s personal identification information in connection with the transaction.”

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2.

Binding Effect of Order. This Order applies to all claims or causes of action

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settled under the Agreement, and binds all Class Members, including those who did not properly

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request exclusion under Paragraph 15 of the Preliminary Approval of Class Settlement and

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Provisional Class Certification Order. No persons properly requested to be excluded from the

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settlement.

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3.

Release. Plaintiff and all Class Members are: (1) deemed to have released and

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discharged Defendant from all claims arising out of or asserted in this action and claims released

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under the Agreement; and (2) barred and permanently enjoined from asserting, instituting, or

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prosecuting, either directly or indirectly, these claims.

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4.

Class Relief. No later than sixty (60) calendar days after Final Judicial Approval,
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the Settlement Administrator shall mail a gift card to each Class Member who submitted a valid

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and timely claim form as provided in Paragraph 3.8 of the Agreement. The amount of each gift

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card shall be $650,000 divided by the total number of valid and timely claims received by the

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Settlement Administrator.

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5.

Attorneys’ Fees and Costs. Class Counsel is awarded $215,000. Defendant

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must pay Class Counsel this amount according to the manner and timeline set forth in Paragraph

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2.6 of the Agreement.

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2.5 of the Agreement.
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Court’s Jurisdiction. Pursuant to the Parties’ request, the Court will retain

jurisdiction over this action and the Parties until final performance of the Agreement.

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DATED: January 11, 2012
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HONORABLE CHARLES R. BREYER
JUDGE OF THE U.S. DISTRICT COURT

UNIT
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LINDSAY LAW CORPORATION
21 Natoma Street, Suite 160
Folsom, California 95630

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award. Defendant must pay Plaintiff this amount according to the timeline set forth in Paragraph

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Incentive Award. Plaintiff Carla Burdewick is awarded $7,500 as an incentive

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6.

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F
D IS T IC T O
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