Brooks v. U.S. Bank, N.A.

Filing 80

ORDER GRANTING FINAL JUDGMENT 75 filed by Cynthia Brooks, Jacob Swoyer. Signed by Judge Edward M. Chen on 6/16/14. (bpf, COURT STAFF) (Filed on 6/17/2014)

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Eve H. Cervantez (SBN 164709)
Laura S. Trice (SBN 284837)
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Tel. [phone]
Fax [phone]
Email: [e-mail]

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Harvey Sohnen (SBN 62850)
Patricia Kelly (SBN 99837)
LAW OFFICES OF
SOHNEN & KELLY
2 Theatre Square, Suite 230
Orinda, CA 94563
Tel. [phone]
Fax [phone]
Email: [e-mail]

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Class Counsel

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UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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CYNTHIA BROOKS and JACOB SWOYER
on Behalf of Themselves and All Others
Similarly Situated,
Plaintiffs,

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vs.
U.S. BANK, N.A.

CASE NO.: C12-4935 EMC
[PROPOSED] ORDER GRANTING
FINAL JUDGMENT
Date: June 12, 2014
Time: 1:30 p.m.
Crtm.: 5
Judge: Hon. Edward M. Chen

Defendant.

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[Proposed] Order Granting Final Judgment

Case No.: C12-4935 EMC

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This matter was heard by the Court on June 12, 2014, at 1:30 p.m., in Courtroom 5, of
United States District Court, Northern District of California, before the Honorable Edward M.
Chen, pursuant to the noticed Motions for Final Approval of Class Action Settlement and for
Award of Attorney’s Fees and Reimbursement of Expenses.
Having considered the documents filed by the Parties in connection with the class action
settlement, the oral arguments of counsel, as well as the comments and materials received from
parties interested in the Settlement, including the Motion for Final Approval of Class Action
Settlement, filed May 7, 2014, Docket Nos. 67-69; the Joint Stipulation of Settlement and Release
of Claims (“Settlement Agreement”), a true and correct copy of which was filed on December 19,
2013, Docket Number 50-1; the Motion for Preliminary Approval of Class Action Settlement,
Docket Number 48; the Supplemental Briefs in Support of Preliminary Approval of Class Action
Settlement, Docket Nos. 57-58; this Court’s Order Granting Preliminary Approval of Class Action
Settlement filed February 12, 2014, Docket Number 62; the Motion for Attorney’s Fees and
Reimbursement of Expenses, filed March 18, 2014, Docket No. 64; and the Reply Brief in Support
of Final Approval of Class Action Settlement and Award of Attorney’s Fees and Reimbursement of
Expenses, the Court grants final approval of the Settlement and HEREBY ORDERS AND
MAKES THE FOLLOWING DETERMINATIONS:

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1.

The Court hereby enters final judgment in this case in accordance with the terms of

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the Settlement Agreement, the Order Granting Preliminary Approval, the Order Granting Final

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Approval of Class Action Settlement; Granting Motion for Attorney’s Fees and Reimbursement of

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Expenses, and this Order Granting Final Judgment, subject to the Court’s normal retention of

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jurisdiction to oversee the settlement.
2.

Neither this Final Judgment nor the Settlement shall constitute an admission by

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Defendant of any liability or wrongdoing whatsoever, nor is this Final Judgment a finding of the

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validity or invalidity of any claims in the action or a finding of wrongdoing by Defendant herein.

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[Proposed] Order Granting Final Judgment

Case No.: C12-4935 EMC

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3.

The Court dismisses all claims in this action with prejudice, with each Party bearing

its own attorney’s fees and costs, except as provided in the Settlement Agreement and the Order

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Granting Final Approval of Class Action Settlement; Granting Motion for Attorney’s Fees and

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Reimbursement of Expenses.

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Dated: June ____, 2014

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Approved as to form:

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Hon. Edward M. Chen dward M. C
Judge E
Judge, U.S. District Court

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UNIT
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WINSTON & STRAWN

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Date: May 29, 2014

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/s/ Emilie C. Woodhead
Emilie C. Woodhead
JOAN B. TUCKER FIFE
EMILY C. SCHUMAN
EMILIE C. WOODHEAD
Attorneys for Defendant
US BANK, N.A.

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[Proposed] Order Granting Final Judgment

Case No.: C12-4935 EMC