Small v. BOKF, N.A.

Filing 184

ORDER granting 181 the parties' Joint Motion for Final Approval of Class Action Settlement, Certification of Settlement Class, and Memorandum in SupportThereof; granting 182 Plaintiff's Unopposed Motion for Attorneys' Fees, Reimbursement of Expenses, and Service Award and Memorandum in Support. This Action is hereby dismissed with prejudice in its entirety. By Judge Robert E. Blackburn on 3/31/16.(kfinn)

UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
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
Blackburn, J.
The matters before me are (1) the parties’ Joint Motion for Final Approval of
Class Action Settlement, Certification of Settlement Class, and Memorandum in
Support Thereof [#181],1 filed February 8, 2016; and (2) Plaintiff’s Unopposed
Motion for Attorneys’ Fees, Reimbursement of Expenses, and Service Award and
Memorandum in Support [#182], filed February 8, 2016. I considered these motions
at a fairness hearing on March 25, 2016. Having considered the motions, the
Settlement Agreement and Release [#178-1] (the “Settlement Agreement”),2 and the
arguments advanced at the hearing, and being otherwise fully advised in the premises, I
find and conclude that the motions are well-taken and should be granted.

1

“[#181]” 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.
2

All capitalized terms in this Order which are not otherwise defined have the same meaning as in
the Settlement Agreement.

THEREFORE, IT IS ORDERED as follows:
1. That the parties’ Joint Motion for Final Approval of Class Action
Settlement, Certification of Settlement Class, and Memorandum in Support
Thereof [#181], filed February 8, 2016, is granted;
2. That Plaintiff’s Unopposed Motion for Attorneys’ Fees, Reimbursement
of Expenses, and Service Award and Memorandum in Support [#182], filed
February 8, 2016, is granted;
3. That this Order will be binding on the Settlement Class, as defined in the
Settlement Agreement;
4. That the Settlement is fair, reasonable, and adequate, is in the best interests
of the Settlement Class Members, and should be approved, especially in light of the
benefits to the Settlement Class Members accruing therefrom, the substantial discovery,
investigation, and trial preparation conducted by Class Counsel prior to the proposed
Settlement, and the complexity, expense, risks, and probable protracted duration of
further litigation;
5. That the Settlement is hereby approved in accordance with Fed. R. Civ. P.
23(e);
6. That the Settlement Fund shall be allocated on a pro rata basis, based on the
Eligible FastLoan Amount used by each Settlement Class Member, except that no
Settlement Class Member shall receive an allocation of less than $5;
7. That the service award to the Named Plaintiff as set forth in the Settlement is
hereby approved in the amount of $20,000;

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8. That the attorneys fees and expenses of Class Counsel are hereby approved
in the amount of $1,325,000.00;
9. That without affecting the finality of this Order, the court retains exclusive
jurisdiction over the consummation, performance, administration, effectuation, and
enforcement of this Order; provided, further, that in addition, but without affecting the
finality of this Order, the court retains jurisdiction over Defendant, the Named Plaintiff,
and each Settlement Class Member for the purpose of enabling any of them to apply to
the court for such further orders and directions as may be necessary or appropriate for
the construction and implementation of the terms of the Settlement and this Order; and
10. That this Action is hereby dismissed with prejudice in its entirety, on the
merits, as against Defendant, and without costs to any party, except to the extent
otherwise expressly provided in the Settlement; provided, further, that the court intends
this Order to be "Final" within the meaning of the Federal Rules of Civil Procedure and
the Federal Rules of Appellate Procedure.
Dated March 31, 2016, at Denver, Colorado.
BY THE COURT:

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Approved:

/s/ Steven Six
Steven Six
Counsel for Plaintiff and the Class

/s/ Sarah Poston
Sarah Poston
Counsel for Defendant BOKF, N.A.

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