Guardian Angel Credit Union v. MetaBank et al

Filing 181

FINAL ORDER approving settlement. So Ordered by Judge Paul J. Barbadoro.(mm)

U.S. DISTRICT COURT
DISTRICT Of H.H.
IN THE UNITED STATES DISTRICT <f~
FOR THE DISTRICT OF NEW HAMPSHIRE

ZOIZ t~.PR I 0 P 3: 4 I

GUARDIAN ANGEL CREDIT UNION,
on its own behalf and on behalf of a
class of persons similarly situated,
Plaintiff,

v.
METABANK, and
META FINANCIAL GROUP, INC.,
Defendants.

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Case No. 08-cv-261-PB

FINAL ORDER APPROVING SETTLEMENT
On the Plaintiff's Assented-To Motion to Approve Class Action Settlement (Document
No. _!ll) ("Plaintiff's Motion"), and following hearing on the relief requested by such motion,
the Court hereby FINDS and ORDERS as follows:
1.

Notice was provided to all members of the class pursuant to and in compliance with the
prior Order of this Court, on the form found to be appropriate by this Court, and in full
satisfaction with the requirements of Rule 23 and all other requirements of due process
and law;

2.

All further requirements of statute, rule, and state and federal Constitutions necessary to
effectuate the Proposed Settlement have been met and satisfied;

3.

Having heard from all parties interested at hearing, including class members, final
certification of the Class is granted, the Class consisting of Class Members listed on the
Class List attached to Plaintiff's Motion as Exhibit 1, and excluding all opt-outs listed on
the Opt-Out List attached as Exhibit 2;

4.

Having heard from all parties interested at hearing, including class members, the

Final Order

Page 2 of3

Proposed Settlement and its allocation of payments is determined to be fair, reasonable,
and adequate, and is therefore approved;
5.

The terms of the Proposed Settlement are afforded final and complete effect;

6.

Settlement administration shall be conducted by Class Counsel. MetaBank and Meta
Financial Group, Inc. will have no involvement with, and no liability for, settlement
administration, the distribution determinations, nor the amount of any Settlement Check,
including but not limited to any erroneous, improper or inaccurate calculations in
connection with the distribution of individual Settlement Checks.

7.

All Class Members, and any person actually or purportedly acting on behalf of Class
Members, are permanently barred and enjoined from commencing, instituting,
continuing, pursuing, maintaining, prosecuting or enforcing any Released Rights, directly
or indirectly, in any judicial, administrative, arbitral, or other forum, against any ofthe
Released Persons;

8.

Final judgment of dismissal on the merits and with prejudice is hereby entered on all
claims in this matter; and

9.

Class Counsel's request for attorney's fees from the Settlement Fund is determined to be
fair and reasonable, and is accordingly approved pursuant to Fed. R. Civ. P. 23 (h) and
54(d)(2).

SOORD~j:_

Dated:

At""' IDa

~~'")._~-~-U-~--~----Barbadoro, D.J.