Seebrook v. The Children's Place Retail Stores, Inc.

Filing 85

JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Claudia Wilken on 12/5/2013. (ndr, COURT STAFF) (Filed on 12/5/2013)

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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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GALINA SEEBROOK, individually and on
behalf of all others similarly situated,
Plaintiffs,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation,
Defendant.

Consolidated Case No. 11-cv-00837-CW

MARIA ISABEL BELTRAN, an individual,
on behalf herself and of all others similarly
situated,
Plaintiff,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware Corporation; and
DOES 1 through 50, inclusive,
Defendants.

Case No. 11-cv-01664-CW

FINAL JUDGMENT
Judge:
Location:

Claudia Wilken
Courtroom 2

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1.

[PROPOSED] FINAL JUDGMENT
CONSOLIDATED CASE NO. 11-CV-00837-CW

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NICOLLE DiSIMONE, individually, and on
behalf of all others similarly situated,
Plaintiff,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation, and
DOES 1 – 500,
Defendants.

Case No. 11-cv-02223

KRISTEN HARTMAN, an individual, on
behalf of herself and all others similarly
situated,
Plaintiffs,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware Corporation, and
DOES 1 through 50, inclusive
Defendants.

Case No. 11-cv-02604-CW

MARIO ARELLANO, on behalf of a class of
similarly situated individuals, and himself
individually,
Plaintiff,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation, d/b/a
The Children’s Place; and DOES 1 through
25, inclusive,
Defendants.

Case No. 12-cv-00803-CW

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2.

[PROPOSED] FINAL JUDGMENT
CONSOLIDATED CASE NO. 11-CV-00837-CW

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IT IS HEREBY ADJUDGED AND DECREED THAT:
1.

In the Final Order Approving Class Action Settlement, the Court granted final

certification, for purposes of settlement only, of a Class pursuant to Federal Rule of Civil
Procedure 23(b)(3), defined as: “All persons who between February 17, 2010 and June 19, 2013
purchased merchandise from a California The Children’s Place Retail Stores, Inc. store, used a
credit card to make the purchase(s), and whose personal identification information, including, but
not limited to, any telephone number or email address, was requested and recorded by Children’s
Place. Excluded from the Class are The Children’s Place Retail Stores, Inc., its subsidiaries and
affiliates, and the officers, directors, employees, legal representatives, successors, or assigns of
any such excluded persons or entities.”
2.

In the Final Order Approving Class Action Settlement, the Court found that notice

of the Settlement Agreement and Release (“Settlement Agreement”) was provided to each Class
Member for whom Defendant The Children’s Place Retail Stores, Inc. (“Children’s Place” or
“Defendant”) has a valid email address and by notice posted in California Children’s Place stores
and publication in the California Edition of USA Today.
3.

Pursuant to Federal Rule of Civil Procedure 23(c)(3), all persons who satisfy the

class definition above are “Class Members”. However, persons who timely filed valid requests
for exclusion are not Class Members. The list of excluded persons is attached hereto as Exhibit 1.
4.

The law firms of Hoffman, Libenson, Saunders & Barba; Patterson Law Group,

APC; Ridout & Lyon, LLP; Qualls & Workman, LLP; Stonebarger Law, APC; and the Law
Office of Sunil A. Brahmbhatt, PLC (“Class Counsel”) are awarded $335,000.00 (total) in fees
and costs.
5.

Plaintiffs Galina Seebrook, Maria Isabel Beltran, Nicolle DiSimone, Kristen

Hartman, and Mario Arellano (“Plaintiffs”) are awarded $2,750.00 (each) as an incentive award.
6.

Children’s Place must issue a single, transferable merchandise certificate

(“Merchandise Certificate”) for either thirty-five percent off any merchandise purchase made at
any California Children’s Place retail or outlet store (“35% Off Certificate”) or ten dollars off any

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3.

[PROPOSED] FINAL JUDGMENT
CONSOLIDATED CASE NO. 11-CV-00837-CW

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merchandise purchase (with no minimum purchase requirement) made at any California
Children’s Place retail or outlet store (“$10.00 Off Certificate”) to Class Members.

Class

Members that received an email providing them with notice of this lawsuit will receive a 35% Off
Certificate, unless they timely filled out a valid Claim Form electing to receive a $10.00 Off
Certificate. Such Class Members will instead receive a $10.00 Off Certificate. Class Members that
did not receive an email notice of this lawsuit, but did submit a timely and valid Claim Form, will
receive the type of merchandise certificate they elected on the Claim Form.

Merchandise

Certificates will be subject to the following conditions: (a) the Merchandise Certificates are valid
for nine (9) months after issuance; (b) each Authorized Claimant is entitled to receive one (1)
Merchandise Certificate regardless of the number of alleged violations and the certificate is for a
single-use only (may be used only one time); (c) Merchandise Certificates shall be redeemable for
California in-store purchases of merchandise only; (d) Merchandise Certificates are transferable,
but may not be combined with any other Merchandise Certificate, or any savings voucher,
coupon, or special offer; (e) Merchandise Certificates are not redeemable for cash, including no
cash back if purchase is under $10.00 where the Authorized Claimant elected to receive a
Merchandise Certificate for $10.00 off a merchandise purchase; (f) Merchandise Certificates are
not valid on gift card purchases or past purchases; (g) Merchandise Certificates will not be
replaced if lost, stolen, expired, or damaged; (h) customers are responsible for any applicable
sales tax to the extent that the purchase exceeds $10.00 where the Authorized Claimant elected to
receive a Merchandise Certificate for $10.00 off a merchandise purchase; (i) returns will receive
merchandise credit; and (j) Merchandise Certificates are not valid on products that Defendant is
prohibited from discounting by contract or law.
7.

All Class Members who have not timely and validly filed requests for exclusion

are bound by the instant Final Judgment, by the Final Order Approving Class Action Settlement
and by the terms of the Settlement Agreement, including the release of claims described in the
Settlement Agreement.

Plaintiffs and Class Members are hereby permanently barred from

prosecuting any of the claims released in the Settlement Agreement.

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4.

[PROPOSED] FINAL JUDGMENT
CONSOLIDATED CASE NO. 11-CV-00837-CW

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8.

The Court hereby dismisses with prejudice the action.

9.

Without affecting the finality of this Final Judgment, the Court reserves

jurisdiction over the implementation, administration and enforcement of this Final Judgment and
the Settlement Agreement, and all matters ancillary thereto.

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NOW, THEREFORE, the Court, finding that no reason exists for delay, hereby directs
the Clerk to enter this Final Judgment, pursuant to Federal Rule of Civil Procedure 58, forthwith.

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DATED:

12/5/2013

UNITED STATES DISTRICT COURT JUDGE

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5.

[PROPOSED] FINAL JUDGMENT
CONSOLIDATED CASE NO. 11-CV-00837-CW