Kinder v. Northwestern Bank

Filing 72

JUDGMENT in favor of Plaintiff and against Defendant; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NANCY KINDER,
Plaintiff,

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NORTHWESTERN BANK,
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Defendant.
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No. 1:10-cv-405
HONORABLE PAUL L. MALONEY

JUDGMENT
The parties reached a settlement agreement in this class-action lawsuit. After certifying the
class, notice of the settlement was provided to class members. No class members filed a claim. No
objections were filed. The Court held a fairness hearing and determined the settlement was fair,
reasonable and adequate. Northwestern Bank has tendered $200,000.00 (“Settlement Fund”) into
an escrow account. As required by Federal Rule of Civil Procedure 58, JUDGMENT enters in
favor of Plaintiff and against Defendant.
1. As explained in Paragraph 2.3 of the Settlement Agreement, the Class Settlement Administrator
shall distribute the Settlement Fund as follows:
a.

Geoffrey Bestor, as Class Settlement Administrator, shall receive $3,820.06 as

reimbursement for the Notice Costs (Settlement Agreement ¶ 2.3B and ECF No. 68-1
“Bestor Aff.” ¶ 4);
b. Nancy Kinder, as Class Representative, shall receive $2,000.00 (Settlement Agreement
¶ 2.3C);
c. Geoffrey Bestor, as Class Counsel, shall receive $50,000.00 for all reasonable attorney
fees and costs (Settlement Agreement ¶ 2.3D; see ECF Nos. 53 and 55);
d. The remaining amount in the Settlement Fund shall be divided so that thirty percent

(30%) shall be paid as a cy pres award to the Interlochen Summer Arts Camp and seventy
percent (70%) shall be paid as a cy pres award to the Jerry Lewis MDA/ALS Clinical and
Research Center of the University of Southern California Medical Center (Settlement
Agreement ¶ 2.3F).
2. Class Counsel shall file an affidavit within 30 days of the date of this Order attesting to the
execution of this Judgment.
3. All claims and causes of action against Northwestern Bank by class members for the Bank’s
alleged failure to provide adequate notice of fees at the automatic teller machines identified within
the Settlement Agreement ¶ 2.1 during the relevant time period are released.

Date:

November 5, 2013

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge

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