Board of Commissioners of Montgomery County, Ohio, on behalf of Montgomery County, Ohio v. Federal Housing Finance Agency et al

Filing 52

CONSENT ORDER APPROVING PLAN OF NOTICE AND FORM OF NOTICE. Signed by Judge Thomas M Rose on 4/8/13. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

BOARD OF COMMISSIONERS OF
MONTGOMERY COUNTY, OHIO, on
behalf of MONTGOMERY COUNTY, OHIO;
and BOARD OF COMMISSIONERS OF
SENECA COUNTY, OHIO on behalf of
SENECA COUNTY, OHIO, with all on behalf
of themselves and all others similarly situated,

Civil Action No.: 3:12-cv-245

Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

Plaintiffs,
vs.
FEDERAL HOUSING FINANCE AGENCY
AS CONSERVATOR FOR FEDERAL
NATIONAL MORTGAGE ASSOCIATION
AND FEDERAL HOME LOAN
MORTGAGE CORPORATION; FEDERAL
NATIONAL MORTGAGE ASSOCIATION
a/k/a FANNIE MAE, a federally chartered
corporation; and FEDERAL HOME LOAN
MORTGAGE CORPORATION a/k/a
FREDDIE MAC, a federally chartered
corporation,
Defendants.

CONSENT ORDER APPROVING PLAN OF NOTICE AND FORM OF NOTICE
This matter is before the Court on the Plaintiffs/Class Representatives’ filing of a Plan of
Notice, with Form of Notice, Dkt. #50 with attachments, which are consented to by all parties.
Accordingly, and for good cause shown, it is hereby ORDERED as follows:
1. Notice of the Class Certification Order, Dkt. #48, shall be provided to all
members of the Class as detailed in the proposed Plan of Notice.
2. The Court finds that the form of the Class Notice attached to the Plan of
Notice as Exhibit B is APPROVED. In a form substantially similar in all material

respects to Exhibit B, such Class Notice shall be mailed by United States Postal
Service first class mail, postage prepaid, to each Ohio County’s Board of
Commissioners or County Executive with copies to each County Recorder and each
County Prosecuting Attorney within seven (7) days after the date of entry of this
Order. The Notice Administrator appointed in paragraph 4. below shall file with the
Court an affidavit upon completion of the mailing, attesting to the mailing of the
Notice to each member of the Class, with a list of the addresses to which the mailing
was directed. The Notice Administrator shall file a report within 5 business days
after the close of the opt-out period informing Defendants and the Court of the
identity of any Class member who opts out.
3. The form and manner of delivery of the Notice directed herein and in the
Plan of Notice meet the requirements of Fed. R. Civ. P. 23 and due process, constitute
the best notice practicable under the circumstances, and shall constitute due and
sufficient notice to all members of the Class.
4. Isaac, Brant, Ledman & Teetor LLP, is hereby appointed Notice
Administrator to supervise the Class Notice process. Class Counsel will pay the costs
of sending Class Notice at this time, but are free to move the Court to order
Defendants to reimburse the costs at a later time for good cause shown. Defendants
have made clear that they believe they are not liable in this matter.

Further,

Defendants reserve the right to object to any award of notice costs in all events. The
Court makes no determination at this time as to which party should ultimately bear
the costs of Class Notice.
5. Any Class member who fails to opt out in the manner prescribed in the
Class Notice shall be deemed to have waived its right to opt out, and shall be bound
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by the rulings and outcome of this lawsuit.
April 8
Dated, _____________, 2013.
s/Thomas M. Rose
_____________________________
United States District Judge

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