Adlao et al v. JPMorgan Chase & Co et al

Filing 100

ORDER by Judge ARMSTRONG granting 93 Motion for Attorney Fees; granting 96 Motion for Settlement (lrc, COURT STAFF) (Filed on 5/2/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MARY ANN ADLAO, and MARIAN
WILLIAMS, individually, on behalf of
others similarly situated, and on behalf of
the general public,

Case No. 10-cv-04508-SBA
[PROPOSED] ORDER GRANTING FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT AND ENTRY OF FINAL
JUDGMENT

Plaintiffs,
vs.
JPMORGAN CHASE & CO.,
JPMORGAN CHASE BANK, N.A., and
EMC MORTGAGE CORP., as successors
in interest to BEAR STEARNS, INC. and
ENCORE CREDIT CORP., and Does 150, inclusive

Judge:
Date:
Time:
Location:

Hon. Saundra Brown Armstrong
May 1, 2012
1:00 p.m.
4th Floor, Courtroom 1

Complaint Filed:

October 5, 2010

No Trial Date Set

Defendants.

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[PROPOSED] ORDER OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
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Plaintiffs’ unopposed Motion for Final Approval of Class Action Settlement came before this
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Court on May 1, 2012. The proposed settlement in this case was preliminarily approved by this
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Court on December 8, 2011. Pursuant to the Court's Preliminary Approval Order and the Notice
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provided to the Class, the Court conducted a final fairness hearing as required by Federal Rule of
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Civil Procedure 23(e). The Court has reviewed the materials submitted by the Parties and has heard
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arguments presented by counsel at the hearing.
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For the reasons cited herein, the Court hereby grants final approval of the Class Settlement
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based upon the terms set forth in the Preliminary Approval Order and the Joint Stipulation of
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Settlement ("Settlement" or "Settlement Agreement") filed by the parties. The Settlement appears to
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be fair, adequate, and reasonable to the Class.
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1.

Except as otherwise specified herein, for purposes of this Order, the Court adopts and

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incorporates by reference all defined terms set forth in the Settlement Agreement.
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2.

The Court finds that this action satisfies the requirements for class action settlement

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under Rule 23 and further finds that the Class has at all times been adequately
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represented by the Named Plaintiffs and Class Counsel.
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3.

The Notice approved by the Court was provided by First Class direct mail to the last-

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known address of each of the individuals identified as Class Members. In addition,
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follow-up efforts were made to send the Notice to those individuals whose original
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notices were returned as undeliverable. The Notice adequately described all of the
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relevant and necessary parts of the proposed Settlement Agreement, the request for
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incentive payments to the Named Plaintiffs, and Class Counsel's motion for an award
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of attorneys' fees and costs.
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4.

The Court finds that the Notice given to the Class fully complied with Rule 23, was

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the best notice practicable, satisfied all constitutional due process concerns, and
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provides the Court with jurisdiction over the Class Members.
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5.

The Court has concluded that the Settlement, as set forth in the Settlement Agreement

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[PROPOSED] ORDER OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT – Civ. 10-cv-04508-SBA Page 2

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executed by the Parties, is fair, reasonable, and adequate under state and federal laws,

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including the Fair Labor Standards Act 29 U.S.C. § 200 et. seq. The Court finds that

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the uncertainty and delay of further litigation strongly supports the reasonableness

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and adequacy of the $1,195,000 Settlement Fund established pursuant to the

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Settlement Agreement.

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6.

Out of the identified Class Members who were notified, none have objected to any

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aspect of the proposed settlement. The reaction of the Class to the proposed

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settlement (with more than 76% settlement class members affirmatively opting into

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the settlement class) strongly supports the conclusion that the proposed Settlement is

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fair, reasonable, and adequate.
7.

As provided in the Settlement Agreement, all of the Released Federal Law Claims,

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and all of the Released State Law Claims, and all of the Class Representatives’

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Released Claims are and shall be deemed to be conclusively released as against the

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JPMorgan Chase Releasees. As of the date of this Order, all Class Members who did

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not timely opt out/request exclusion are bound by this Order and Judgment, and the

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Settlement. Except as to rights or claims that may be created by the Settlement, all

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Class Members as of the date of this Order who did not timely opt out are barred and

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enjoined from commencing or prosecuting any of the claims, either directly,

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collecting, representatively, or in any other capacity, that are released by the

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Settlement against any of the JPMorgan Chase Releasees. This Order shall have the

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force and effect of res judicata as to each of Class Member who did not timely opt out

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of the Settlement.

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8.

In accordance with the terms of the Settlement Agreement, the Released Federal Law

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Claims, the Released State Law Claims, and the Class Representatives’ Released

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Claims, as described in the Settlement Agreement, shall be and hereby are dismissed

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on the merits with prejudice on a class-wide basis as to the Plaintiffs and all Class

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Members, except those who timely filed requests for exclusion (of which there are

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none).
[PROPOSED] ORDER OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT – Civ. 10-cv-04508-SBA Page 3

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9.

The Settlement is not an admission by the JPMorgan Chase Releasees nor is this

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Order a finding of the validity of any claim in the lawsuit or any wrongdoing by the

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the JPMorgan Chase Releasees. Furthermore, the Settlement will not be (i) construed

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as, offered or admitted in evidence as, received as, or deemed to be evidence for any

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purpose adverse to the JPMorgan Chase Releasees, including, but not limited to,

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evidence of a presumption, concession, indication or admission by the JPMorgan

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Chase Releasees of any liability, fault, wrongdoing, omission, concession or damage;

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nor (ii) disclosed, referred to or offered in evidence against the JPMorgan Chase

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Releasees, in any further proceeding in the lawsuit, or any other civil, criminal or

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administrative action or proceeding except for purposes of effecting the Settlement.

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However, the Settlement may be admitted in evidence and otherwise used in any and

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all proceedings to enforce any or all terms of the Settlement, or to support a defense

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by the JPMorgan Chase Releasees of res judicata, collateral estoppel, release, waiver,

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good faith settlement, judgment bar or reduction, and any other applicable defenses.

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10.

The Settlement is HEREBY APPROVED in its entirety.

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11.

The Settlement Fund shall be dispersed in accordance with the Settlement Agreement

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as detailed in the Motion for Preliminary Approval of Class Action Settlement,

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granted on December 8, 2011.

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12.

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Representative Plaintiffs Mary Ann Adlao and Marian Williams are hereby awarded
$5,000 each for their time and effort in pursuing this litigation.

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Plaintiffs' application for Attorneys’ fees in the amount of $298,750, and litigation

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costs in the amount of $12,765.88 is hereby granted. See In re Bluetooth Headset

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Prods. Liab. Litig., 654 F.3d 935, 942 (9th Cir. 2011). Further, the Court approves

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$14,750 for the Settlement Administrator, Epiq Class Action and Claims Solutions,

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Inc.

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14.

If the Settlement does not become final and effective in accordance with the terms of

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the Settlement, this Order and Judgment and all orders entered in connection herewith

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shall be vacated and shall have not further force or effect.
[PROPOSED] ORDER OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT – Civ. 10-cv-04508-SBA Page 4

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15.

The Court hereby enters Judgment approving the terms of the Settlement. This

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document shall constitute a final judgment for purposes of Federal Rule of Civil

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Procedure, Rule 58.

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This case is hereby DISMISSED WITH PREJUDICE, with each party to bear his,

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her, or its own costs, except as set forth herein, and with this Court retaining

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exclusive jurisdiction to enforce the Settlement Agreement, including jurisdiction

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regarding over the disbursement of the Settlement Fund.

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Dated: May 1, 2012

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____
THE HONORABLE SAUNDRA BROWN ARMSTRONG
JUDGE OF THE UNITED STATES DISTRICT COURT

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[PROPOSED] ORDER OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT – Civ. 10-cv-04508-SBA Page 5