Coonan v. Citibank, N.A. et al

Filing 51

JUDGMENT: in favor of defendants pursuant to the Approved Settlement Agreement and Orders of the Court dated 8/21/2014, 8/22/2014 and 10/1/2014 and the Judgment entered on 8/22/2014. This action is hereby DISMISSED WITH PREJUDICE.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUDGMENT IN A CIVIL CASE
GORDON CASEY and DUANE SKINNER, individually and on behalf of all others
similarly situated
Plaintiffs,
vs.
LEAD CASE NUMBER:
5:12-CV-820 (DNH/DEP)
CITIBANK, N.A.; CITIMORTGAGE, INC.; MIDFIRST BANK, N.A., doing business as
Midland Mortgage; and FIRSTINSURE, INC.
Defendants.
CELEST COONAN, individually and on behalf of all others similarly situated
Plaintiff,
vs.
MEMBER CASE NUMBER:
5:13-CV-353 (DNH/DEP)
CITIBANK, N.A.; CITIMORTGAGE, INC.; ASSURANT, INC.; AMERICAN SECURITY
INSURANCE COMPANY; and STANDARD GUARANTY INSURANCE COMPANY
Defendants.
Decision by Court. This action came to hearing before the Court.
The issues have been heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
1)

That the prior certification of the Settlement Class for Settlement purposes is
REAFFIRMED.

2.

The Settlement Agreement and terms set forth therein are APPROVED.

3.

After Judgment becomes final and the Settlement becomes effective, the
MidFirst Defendants shall make the payments required by the Settlement
Agreement and shall take the measures required by the Settlement Agreement.
The persons who have validly requested exclusion from the Settlement Class are
not members of the Settlement Class, shall have no rights or interest with
respect to the Settlement, and shall not be bound by the orders and judgments
entered in request to the Settlement.

4.

5.

As provided in Paragraph 58 of the Settlement Agreement, all Settlement Class
Members who did not properly and timely submit an opt-out form requesting
exclusion, and any persons acting or purporting to act on their behalf, are hereby
Permanently Enjoined from instituting any action or cause of action, in state or
federal court or with any state, federal or local government agency, asserting the
Released Claims against the Released Parties as defined by the Settlement.

6.

The Action is hereby DISMISSED WITH PREJUDICE as to the MidFirst
Defendants and, except in connection with Plaintiff’s Motion for Attorneys’ Fees,
Expenses and Class Representative Service Award, without costs.

7.

Exclusive and continuing jurisdiction and exclusive venue is retained with respect
to the implementation, enforcement, construction, interpretation, performance,
and administration of the Settlement.

8.

If the Judgment does not become final, the Order Granting Final Approval of the
Class Action Settlement shall be rendered null and void.

9.

The Action is hereby DISMISSED WITH PREJUDICE as to the Citi defendants
and Assurant defendants as noted in the Judgment entered on 8/22/2014.

All of the above pursuant to the Orders of the Honorable Judge David N. Hurd, dated
8/21/2014, 8/22/2014 and 10/1/2014.

DATED: October 2, 2014

s/

Joanne Bleskoski

Joanne Bleskoski
Deputy Clerk