Small v. BOKF, N.A.

Filing 179

ORDER granting 177 Parties' Joint Motion for Preliminary Approval of Settlement Agreement and Notice to Class. Final Fairness Hearing set for 3/25/2016 at 09:00 AM before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 10/8/2015.(mlace, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01125-REB-MJW
LELAND SMALL, individually and on behalf of a class of other similarly situated
persons,
Plaintiff,
v.
BOKF, N.A.,
Defendant.

ORDER GRANTING PARTIES' JOINT MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT AGREEMENT AND NOTICE TO CLASS
Blackburn, J.
The matter before the court is the Parties' Joint Motion for Preliminary
Approval of Settlement Agreement and Notice to Class [#177],1 filed October 5,
2015. Having reviewed the motion and the supporting brief and proposed Settlement
Agreement (see Plaintiff's Memorandum in Support of Motion for Preliminary
Approval of Settlement Agreement and Notice to Class [#178], filed October 5,
2015, & Exh. B thereto), the court finds preliminarily that the proposed settlement meets
the factors relevant to preliminary approval of proposed class action settlements, see In
re Quest Communications International, Inc. Securities Litigation, 625 F.Supp.2d
1133, 1136 (D. Colo. 2009), and that the proposed form of notice to the class is

1
“[#177]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

reasonably calculated under all the circumstances to apprise class members of the
pendency of the action and afford them an opportunity to present objections, see
DeJulius v. New England Health Care Employees Pension Fund, 429 F.3d 935, 944
(10th Cir. 2005).2
Therefore, I find and conclude that the motion is well taken and should be
granted.
THEREFORE, IT IS ORDERED as follows:
1. That the Parties' Joint Motion for Preliminary Approval of Settlement
Agreement and Notice to Class [#177], filed October 5, 2015, is granted;
2. That the Settlement Agreement is approved, preliminarily;
3. That Epiq Systems is appointed as the Third-Party Administrator;
4. That the proposed form of notice (see Plf. Motion App., Exh. B) is approved
and shall be issued to class members no later than forty-five (45) days from the date of
this Order and otherwise pursuant to the terms of the Settlement Agreement; and
5. That the court shall conduct a final fairness hearing on Friday, March 25,
2016, at 9:00 a.m. (MDT), reserving one hour, if necessary, for the hearing.
Dated October 8, 2015, at Denver, Colorado.
BY THE COURT:

2
In addition, I expressly approve and adopt all arguments advanced, authorities cited, and
conclusions set forth in the brief in support of the motion [#178].

2