Smith v. One Nevada Credit Union

Filing 65

ORDER of Dismissal with Prejudice and Final Judgment. Signed by Chief Judge Gloria M. Navarro on 3/29/2019. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Joseph J. Smith, on behalf of
himself and all others similarly
situated,

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Case No.: 2:16-cv-02156-GMN-NJK
CLASS ACTION

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v.

FINAL JUDGMENT AND ORDER OF
DISMISSAL WITH PREJUDICE

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One Nevada Credit Union,

HON. GLORIA M. NAVARRO

Plaintiff,

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Defendant.

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On October 6, 2017, after extensive arms-length negotiations, and private

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mediation conducted before Honorable Jackie Glass (Ret.), Plaintiff and Defendant

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(herein jointly referred to as the “Parties”) entered in to a Class Action Settlement

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Agreement (hereinafter referred to as the “Agreement”), which is subject to review

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under Fed. R. Civ. P. 23, for monetary damages as set forth in the Agreement.

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On December 4, 2017, the Parties filed the Agreement, along with a Joint

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Motion for Preliminary Approval of Class Action Settlement Agreement

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(hereinafter referred to as the “Preliminary Approval Motion”).

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On September 16, 2018, upon consideration of the Agreement, Preliminary

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Approval Motion, and the record, the Court entered an Order of Preliminary

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Approval of Class Action Settlement (hereinafter referred to as the “Preliminary

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Approval Order”). Pursuant to the Preliminary Approval Order, the Court, among

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other things, (i) preliminarily approved the proposed settlement; (ii) approved the

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Notice and instructed its mailing; and (iii) set the date and time of the Final

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Approval Hearing.

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________________________________________________________________________________________________________

ORDER

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Case No.: 2:16-cv-02156-GMN-NJK

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On February 5, 2019, Plaintiff filed the Motion for Final Approval of Class

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Action Settlement (hereinafter referred to as the “Final Approval Motion”).

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Pursuant to their Final Approval Motion, the parties requests final approval of the

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proposed Class Action Settlement.

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The Court has read and considered the Agreement, Final Approval Motion,

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and the record. All capitalized terms used herein have the meanings defined herein

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and/or in the Agreement.
NOW, THEREFORE IT IS HEREBY ORDERED:

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1. JURISDICTION: The Court has jurisdiction over the subject matter of the
Lawsuit and over all settling parties hereto.

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2. NOTICE AND CLAIMS PROCESS: Pursuant to the Court’s Preliminary

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Approval Order, the Claims Administrator has complied with the approved

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notice process as confirmed in its declaration filed with the Court. The form and

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method for notifying the Settlement Class members of the settlement and its

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terms and conditions was in conformity with this Court’s Preliminary Approval

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Order and satisfied the requirements of Fed. R. Civ. P. 23(c)(2)(B) and due

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process, and constituted the best notice practicable under the circumstances.

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The Court finds that the notice process was clearly designed to advise the

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Settlement Class members of their rights. Further, the Court finds that the claim

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process set forth in the Agreement was followed and that the process was the

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best practicable procedure under the circumstances.

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3. FINAL CLASS CERTIFICATION: The Court again finds that the Lawsuit

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satisfies the applicable prerequisites for class action treatment under Fed. R.

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Civ. P. 23, namely:

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A.

them in the Lawsuit would be impracticable;

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The Settlement Class members are so numerous that joinder of all of

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There are questions of law and fact common to the Settlement Class
members, which predominate over any individual questions;

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________________________________________________________________________________________________________

ORDER

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Case No.: 2:16-cv-02156-GMN-NJK

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C.

members;

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D.

Plaintiff and Class Counsel have fairly and adequately represented and
protected the interests of all the Settlement Class members; and

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The claims of Plaintiff are typical of the claims of the Settlement Class

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Class treatment of these claims will be efficient and manageable, thereby

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achieving an appreciable measure of judicial economy, and a class action

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is superior to other available methods for a fair and efficient adjudication

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of this controversy.

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4. The Court finds that the settlement of the Lawsuit, on the terms and conditions

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set forth in the Agreement, is in all respects fundamentally fair, reasonable,

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adequate, and in the best interests of the Settlement Class members, especially

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in light of the benefits to the Settlement Class members, the strength of

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Plaintiff’s case, the complexity, expense and probable duration of further

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litigation, the risk and delay inherent in possible appeals, and the risk of

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collecting any judgment obtained on behalf of the class.

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5. SETTLEMENT TERMS: The Agreement, which has been filed with the Court

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and shall be deemed incorporated herein, and the proposed settlement are

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finally approved and shall be consummated in accordance with the terms and

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provisions thereof, except as amended by any order issued by this Court. The

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material terms of the Agreement include, but are not limited to, the following:

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A.

claim, on or before 12:00 p.m. on March 5, 2019, $20.66;

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B.

Defendant shall pay to Class Counsel the sum of $171,490.33 as
attorneys’ fees and $8,509.67 as costs incurred in litigating this action;

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Defendant shall pay each of the 13,069 claimants that made a valid

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Defendant shall pay to Plaintiff $5,000 as an incentive award.

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6. EXCLUSIONS: A total of 4 exclusions were received. Those persons requesting

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exclusion are named on Exhibit A to this Order. The Court hereby excludes

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these individuals from the class and settlement.
________________________________________________________________________________________________________

ORDER

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Case No.: 2:16-cv-02156-GMN-NJK

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7. OBJECTIONS: The Settlement Class members were given an opportunity to
object to the settlement. No Settlement Class members filed objections.

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8. This Order is binding on all Settlement Class members, except those individuals

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who validly and timely excluded themselves from the Class. (See Ex. A, ECF

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No. 64).

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9. RELEASE OF CLAIMS AND DISMISSAL OF LAWSUIT: The Class

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Representative, Settlement Class members, and their successors and assigns are

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permanently barred and enjoined from instituting or prosecuting, either

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individually or as a class, or in any other capacity, any of the Released Claims

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against any of the Released Parties, as set forth in the Agreement. Pursuant to

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the release contained in the Agreement, the Released Claims are compromised,

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discharged, and dismissed with prejudice by virtue of these proceedings and this

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Order.

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10. The Lawsuit is hereby dismissed with prejudice in all respects.

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11. This Order is not, and shall not be construed as, an admission by Defendant of
any liability or wrongdoing in this or in any other proceeding.

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________________________________________________________________________________________________________

ORDER

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Case No.: 2:16-cv-02156-GMN-NJK

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12. Without affecting the finality of this Final Judgment and Order of Dismissal

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With Prejudice, the Court hereby retains continuing and exclusive jurisdiction

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over the Parties and all matters relating to the Lawsuit and/or Agreement,

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including the administration, interpretation, construction, effectuation,

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enforcement, and consummation of the settlement and this order.

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IT IS SO ORDERED:

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______________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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________________________________________________________________________________________________________

ORDER

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Case No.: 2:16-cv-02156-GMN-NJK