Melito v. American Eagle Outfitters, Inc. et al

Filing 363

ORDER: IT IS HEREBY ORDERED: This Court hereby approves the National Consumer Law Center ("NCLC") as the sole cy pres recipient who shall receive the distribution outlined in Paragragh 14 of the Final Approval Order. The funds to NCLC sh all be earmarked for work associated with the FCC to protect consumer protections under the TCPA. This Court finds this organization closely aligned with the Settlement Class's interests. IT IS SO ORDERED, ADJUDGED AND DECREED. (Signed by Judge Valerie E. Caproni on 11/22/2021) (mml)

Case 1:14-cv-02440-VEC Document 362 Filed 11/22/21 Page 1 of 1

Beth E. Terrell
[e-mail]

File No. 1712 001.C

November 22, 2021
VIA ECF ONLY
The Honorable Valerie Caproni
United States District Judge
U.S. District Court for Southern District of New York
Thurgood Marshall United States Courthouse
New York, New York 10007
Re:

Christina Melito, et al. v. American Eagle Outfitters, et al., No. 14 cv 2440 VEC

Dear Judge Caproni:
This firm, along with Fitapelli & Schaffer, LLP and Keogh Law, LTD, represent Plaintiffs
and the Settlement Class in the above referenced action. Gordon Rees Scully Mansukhani LLP
represents American Eagle Outfitters, Inc. and AEO Management Co. The parties jointly move
to correct a scrivener’s error in the Final Approval Order (Dkt. 319, ¶14), which named two cy
pres recipients instead of the sole cy pres recipient identified in the settlement agreement (Dkt.
253 1, ¶12.3), motion for preliminary approval (Dkt. 252 at 15), and notice (Dkt. 294 6 at 2, 5).
A proposed order is attached as Exhibit 1.
Respectfully submitted,
TERRELL MARSHALL LAW
GROUP PLLC

GORDON REESE SCULLY
MANSUKHANI LLP

/s/ Beth E. Terrell, Admitted Pro Hac Vice
Beth E. Terrell, Admitted Pro Hac Vice
[e-mail]
936 N. 34th Street, Suite 300
Seattle, WA 98103
Telephone: [phone]

/s/ Richard T. Victoria
Richard T. Victoria
[e-mail]
707 Grant Street, Suite 3800
Pittsburgh, PA 15219
Telephone: [phone]

cc: all counsel of record

936 N 34th Street, Suite 300, Seattle, WA 98103

|

T 206.816.6603

|

F 206.319.5450

|

terrellmarshall.com

Case 1:14-cv-02440-VEC Document 362-1 Filed 11/22/21 Page 1 of 3

Case 1:14-cv-02440-VEC Document 362-1 Filed 11/22/21 Page 2 of 3

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
CHRISTINA MELITO, CHRISTOPHER
LEGG, ALISON PIERCE, and WALTER
WOOD, individually and on behalf of all
others similarly situated,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/22/21

NO. 1:14-cv-02440-VEC
ORDER

Plaintiffs,
v.
AMERICAN EAGLE OUTFITTERS, INC., a
Delaware corporation, AEO
MANAGEMENT CO., a Delaware
corporation, and EXPERIAN MARKETING
SOLUTIONS, INC.,
Defendants.

WHEREAS on September 8, 2017, the Court issued an Order Granting Final Approval of
Class Action Settlement, Dismissing Class Plaintiffs’ Claims and Entering Final Judgment
(“Final Approval Order”), Dkt. 319;
WHEREAS in the Class Action Settlement Agreement and Release, Plaintiffs and
Defendants American Eagle Outfitters, Inc. and AEO Management Co. negotiated and agreed to
designate the National Consumer Law Center (“NCLC”) as the sole cy pres recipient, Dkt. 2531, Paragraph 12.3. NCLC was also the only cy pres recipient mentioned in the motion for
preliminary approval. Dkt. 252 at 15. In addition, NCLC was the only cy pres recipient described
in the notice. Dkt. 294-6 at 2, 5. However, the proposed Final Approval Order presented to the
Court, which the Court entered, inadvertently included a second cy pres recipient, the National
Foundation for Credit Counseling;
WHEREAS Paragraph 14 of the Final Approval Order includes the inadvertent cy pres
recipient and states, in relevant part: Should any Remaining Funds be distributed, this Court

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Case 1:14-cv-02440-VEC Document 362-1 Filed 11/22/21 Page 3 of 3

hereby approves the National Foundation for Credit Counseling and the National Consumer Law
Center (“NCLC”) as the cy pres recipients who shall receive an equal distribution. The funds to
NCLC shall be earmarked for work associated with the FCC to protect consumer rights under the
TCPA. This Court finds this organization closely aligned with the Settlement Class’s interests,
Dkt. 319; and
WHEREAS this Court retained jurisdiction to oversee the implementation and
enforcement of the Agreement. Id. ¶27.
IT IS HEREBY ORDERED:
This Court hereby approves the National Consumer Law Center (“NCLC”) as the sole cy
pres recipient who shall receive the distribution outlined in Paragragh 14 of the Final Approval
Order. The funds to NCLC shall be earmarked for work associated with the FCC to protect
consumer protections under the TCPA. This Court finds this organization closely aligned with
the Settlement Class’s interests.
IT IS SO ORDERED,
ADJUDGED AND DECREED.

Date:

November 22, 2021
Honorable Valerie Caproni
onorable
Caproni
n

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