Latasha McLaughlin v. Wells Fargo Bank NA

Filing 186

JUDGMENT. Signed by Judge Alsup on 4/11/2017. Status Report due by 8/7/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (whalc2, COURT STAFF) (Filed on 4/11/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 LATASHA MCLAUGHLIN, individually and on behalf of all others similarly situated, Plaintiff, 12 13 No. C 15-02904 WHA v. JUDGMENT 14 WELLS FARGO BANK, N.A., d/b/a WELLS FARGO HOME MORTGAGE, 15 Defendant. / 16 17 Having approved the class-wide settlement as fair, reasonable, and adequate, and having 18 found that adequate notice was given to class members, FINAL JUDGMENT IS HEREBY 19 ENTERED in favor of the two certified classes, comprised of the persons listed in Exhibit 1 and 20 Exhibit 2 hereto and excluding the persons listed in Exhibit 3 and Exhibit 4 hereto, and against 21 defendant Wells Fargo Bank, N.A., as follows: 22 1. 23 those listed in Exhibit 3. The Declaratory Relief Class comprises of all persons listed in 24 Exhibit 2 and excludes those listed in Exhibit 4. All members of both classes are bound 25 by the class settlement (as is Wells Fargo Bank). 26 2. 27 Section 4.1 of the class settlement, after which deposit the Administrator shall distribute 28 the funds to the Damages Class members in accordance with the class settlement. The Damages Class comprises of all persons listed in Exhibit 1 and excludes Wells Fargo Bank shall deposit $880,000 into the Damages Class Fund as per 1 3. Wells Fargo Bank will revise its templates used to generate payoff statement 2 letters for all residential mortgage loans it services to include the language set forth in 3 Section 4.3 of the class settlement. 4 4. 5 The court will retain jurisdiction to enforce the class settlement agreement and this 6 judgment. 7 5. 8 without prejudice, and she shall recover herein only as a class member, plus her $3,000 9 incentive award. All parties shall comply with all other terms of the class settlement agreement. All remaining claims of class representative Latasha McLaughlin are dismissed 6. 11 For the Northern District of California United States District Court 10 All certified claims are dismissed with prejudice. Any uncertified claims are dismissed without prejudice. The release by class members set forth in the settlement 12 agreement at Section 3.3 is binding on all class members. 13 7. 14 Fargo Bank’s position that it had no liability in connection with the claims asserted here. 15 8. 16 $911,349.43 in attorney’s fees and $43,063.76 in costs. Defendant Wells Fargo Bank 17 shall immediately pay out class representative McLaughlin’s incentive award and one- 18 half of class counsel’s fees and costs. The other half of class counsel’s fees and costs, 19 however, shall not be paid until all terms of the class settlement agreement — including 20 issuance of all settlement checks and any payment to the cy pres recipient — have been 21 fully executed, and the Court so orders. 22 9. 23 Court on their progress in executing the terms of the class settlement agreement. Except to the extent stated above, this judgment is without prejudice to Wells As stated in the prior order granting final approval, class counsel are awarded By AUGUST 7 AT NOON, class counsel shall submit a status report updating the 24 25 IT IS SO ORDERED. 26 27 Dated: April 11, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 28 2

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