KRIMES v. JPMORGAN CHASE BANK, N.A. et al

Filing 58

ORDER THAT PLAINTIFF'S UNOPPOSED MOTION FOR FINAL APPROVAL 48 IS GRANTED, ETC. FURTHER, PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEYS' FEES, COSTS AND SERVICE AWARDS 49 IS GRANTED, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 05/24/2017. THE CLERK OF COURT IS HEREBY DIRECTED TO MARK THIS CASE CLOSED. 05/24/2017 ENTERED AND COPIES E-MAILED.(nds)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JESSE KRIMES,

:
:
on behalf of himself and all
:
others similarly situated,
:
:
Plaintiff,
:
:
v.
:
:
JPMORGAN CHASE BANK, N.A., et al., :
:
Defendants.
:

CIVIL ACTION
NO. 15-5087

O R D E R

AND NOW, this 24th day of May, 2017, upon
consideration of “Plaintiff’s Unopposed Motion for Final
Approval of Class Action Settlement” (ECF No. 48), “Plaintiff’s
Unopposed Motion for Attorneys’ Fees, Costs, and Service Awards”
(ECF No. 49), and the Settlement Agreement dated August 1, 2016,
and following this Court’s October 26, 2016 Memorandum and Order
granting preliminary approval of the class settlement (ECF Nos.
43-44) as well as an April 12, 2017 final approval hearing, for
the reasons provided in the accompanying memorandum opinion, it
is hereby ORDERED that:
1.

Plaintiff’s unopposed motion for final approval of the

class action settlement (ECF No. 48) is GRANTED;
2.

This Final Order incorporates the Settlement Agreement

and the Preliminary Approval Order. Unless otherwise provided
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herein, the terms defined in the Settlement Agreement and
Preliminary Approval Order shall have the same meanings for
purposes of this Final Order and the accompanying Final
Judgment.
3.

The Court has jurisdiction over this above-captioned

case, and all Parties in the above-captioned Action, including
but not limited to, all Settlement Class Members, for all
matters relating to this Action and the Settlement Agreement,
including, without limitation, the administration,
interpretation, effectuation and/or enforcement of the
Settlement Agreement, this Final Order, or the Final Judgment.
I. THE SETTLEMENT CLASS
4.

In the Preliminary Approval Order, the Court

preliminarily certified the following Settlement Class:
All persons in the United States who, up to and
including the date of preliminary approval, were
issued BOP Debit Cards upon their release from
federal correctional facilities as part of the
U.S. Debit Card program operated by JPMorgan
Chase Bank, N.A. for the United States Treasury
Department and the Federal Bureau of Prisons.
5.

The Settlement Class is hereby certified pursuant to

Fed. R. Civ. P. 23.
6.

The Court preliminarily determined that Plaintiff

Jesse Krimes met the typicality and adequacy requirements of
Federal Rule of Civil Procedure 23(a), thus qualifying him to

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serve as class representative of the Settlement Class, and
hereby finally approves that appointment.
7.

The Court also preliminarily determined that the

following counsel for the Settlement Class met the adequacy
requirement of Federal Rule of Civil Procedure 23(a), thus
qualifying them to serve as class counsel, and hereby finally
approves the appointment of the following counsel as class
counsel:
Ruben Honik, Esq.
David J. Stanoch, Esq.
Golomb & Honik, P.C.
1515 Market Street, Suite 1100
Philadelphia PA 19102
II. CLASS NOTICE
8.

The record shows, and the Court finds, that the Class

Notice has been given to the Settlement Class in the manner
approved by the Court in its Preliminary Approval Order. The
Court finds that such Class Notice (i) constituted the best
notice practicable to the Settlement Class under the
circumstances; (ii) was reasonably calculated, under the
circumstances, to apprise the Settlement Class of the pendency
and nature of this Action, the definition of the Settlement
Class, the terms of the Settlement Agreement, the rights of the
Settlement Class to exclude themselves from the settlement or to
object to any part of the settlement, the rights of the
Settlement Class to appear at the Fairness Hearing (either on
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their own or through counsel hired at their own expense), and
the binding effect of the Settlement Agreement on all persons
who do not exclude themselves from the Settlement Class, (iii)
provided due, adequate, and sufficient notice to the Settlement
Class; and (iv) fully satisfied the due process requirements of
the United States Constitution, Fed. R. Civ. P. 23, and any
other applicable law.
9.

Due and adequate notice of the Fairness Hearing having

been given to the Settlement Class and a full opportunity having
been offered to Settlement Class Members to participate in the
Fairness Hearing, it is hereby determined that all Settlement
Class Members except Brett Sheib, who opted out, are bound by
this Final Order and the Final Judgment.
III. FINAL APPROVAL OF THE SETTLEMENT AGREEMENT
10.

The Court finds that the Settlement resulted from

extensive arms-length, good faith negotiations between Plaintiff
and Chase, through experienced counsel, and with the assistance
and oversight of an experienced mediator, Mr. Jonathan Marks.
11. Pursuant to Fed. R. Civ. P. 23(e), the Court finds that
the Settlement is reasonable and adequate, and in the best
interest of the Settlement Class, within a range that
responsible and experienced attorneys could accept considering
all relevant risks and factors and the relative merits of
Plaintiff’s claims and Chase’s defenses.
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12.

The Court finds that the Settlement is fair,

reasonable, and adequate in light of the factors set forth in
Girsh v. Jepson, 521 F.2d 153 (3d Cir. 1975):
a.
This case was complex, expensive, and time
consuming and would have continued to be so
through summary judgment and/or trial if the case
had not settled;
b.
Class counsel had a well-informed
appreciation of the strengths and weaknesses of
their case while negotiating the settlement;
c.
Class counsel and the Settlement Class would
have faced numerous and substantial risks in
establishing liability and/or damages if they
decided to continue to litigation rather than
settle;
d.
The settlement amount is well within the
range of reasonableness in light of the best
possible recovery and the risks the Parties would
have faced if the case had continued to verdicts
as to both liability and damages.
Accordingly, the Court hereby finally approves in all
respects the Settlement, as memorialized in the Settlement
Agreement.
13.

The Court held a Fairness Hearing, and did not receive

any objections to the settlement.
IV. DISMISSAL OF CLAIMS, RELEASE, AND INJUNCTION
14.

This Action is hereby DISMISSED with prejudice without

costs to any party, except as otherwise provided herein or in
the Settlement Agreement.

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15.

The Court approves the Parties’ plan to distribute the

Class Settlement Fund as set forth in the Settlement Agreement.
16.

As provided for in Paragraph 89 of the Settlement

Agreement, as of the Effective Date, the Releasing Parties, each
on behalf of himself or herself and on behalf of his or her
respective heirs, assigns, beneficiaries, and successors, shall
automatically be deemed to have fully and irrevocably released
and forever discharged Chase and each of its present and former
parents, subsidiaries, divisions, affiliates, predecessors,
successors, and assigns, and the present and former directors,
officers, employees, agents, insurers, shareholders, attorneys,
advisors, consultants, representatives, partners, joint
venturers, independent contractors, wholesalers, resellers,
distributors, retailers, predecessors, successors, and assigns
of each of them (collectively, the “Released Parties”), of and
from any and all liabilities, rights, claims, actions,
causes of action, demands, damages, penalties, costs, attorneys’
fees, losses, and remedies, whether known or unknown, existing
or potential, suspected or unsuspected, liquidated or
unliquidated, legal, statutory, or equitable, that were or could
have been alleged in the Action and result from, arise out of,
are based upon, or in any way relate to Chase’s possession of

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Settlement Class Members’ funds, or Settlement Class Members’
access to their funds, as part of the BOP Debit Card Program;
imposition on Settlement Class Members of Chase Fees or ATM
Surcharges in relation to the BOP Debit Card Program; or any
disclosures or other communication to Settlement Class Members
by Chase concerning BOP Debit Cards (the “Released Claims”).
17.

As provided for in Paragraph 90 of the Settlement

Agreement, the Released Claims include any claims that a
Releasing Party may have under the law of any jurisdiction,
including, without limitation, those arising under state or
federal law of the United States (including state unfair and
deceptive trade practices statutes); causes of action under the
common or civil laws of any state in the United States,
including but not limited to unjust enrichment, negligence,
bailment, conversion, negligence per se, breach of contract,
breach of implied contract, breach of fiduciary duty, breach of
implied covenant of good faith and fair dealing,
misrepresentation (whether fraudulent, negligent, or innocent),
fraudulent concealment or nondisclosure, rescission, or
reformation; and also including, but not limited to, any and all
claims in any state or federal court of the United States for
damages, injunctive relief, restitution, disgorgement,
declaratory relief, equitable relief, attorneys’ fees and

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expenses, pre-judgment interest, the creation of a fund for
future damages, statutory penalties, restitution, the
appointment of a receiver, and any other form of relief.
18.

As further provided for in Paragraph 90 of the

Settlement Agreement, the Released Claims do not include any
claims arising from or relating to any conduct by Chase after
the Effective Date.
19.

The Court orders that, upon the Effective Date, the

Settlement Agreement shall be the exclusive remedy for any and
all Released Claims of the Releasing Parties. The Court thus
hereby permanently bars and enjoins each Releasing Party,
including Plaintiff, from directly, indirectly,
representatively, as a member of or on behalf of the general
public, or in any capacity, filing, commencing, prosecuting,
participating in, or receiving any benefits from, any lawsuit,
arbitration, or administrative, regulatory or other proceeding
in any jurisdiction in which any of the Released Claims is
asserted.
V. OTHER PROVISIONS
20.

The Court has jurisdiction to enter this Final Order

and the accompanying Final Judgment. Without in any way
affecting the finality of this Final Order or the Final
Judgment, this Court expressly retains jurisdiction over Chase

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and each Settlement Class Member (including objectors) regarding
the implementation, enforcement, and performance of the
Settlement Agreement, and shall have exclusive jurisdiction over
any suit, action, proceeding or dispute arising out of or
relating to the Settlement Agreement that cannot be resolved by
negotiation and agreement by counsel for the Parties. The Court
shall retain jurisdiction with respect to the administration,
consummation and enforcement of the Settlement Agreement and
shall retain jurisdiction for the purpose of enforcing all terms
of the Settlement Agreement. The Court shall also retain
jurisdiction over all questions and/or disputes related to the
Notice Program and the Settlement Administrator.
21.

The Parties are hereby directed to implement and

consummate the Settlement, as set forth in the terms and
provisions of the Settlement Agreement.
22.

Without further order of the Court, the Parties may

agree to reasonably necessary extensions of time to carry out
any of the provisions of the Settlement Agreement. Likewise, the
Parties may, without further order of the Court or notice to the
Settlement Class, agree to and adopt such amendments to the
Settlement Agreement as are consistent with this Final Order and
the Final Judgment and that do not limit the rights of
Settlement Class Members under the Settlement Agreement.

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23.

In the event that the Effective Date does not occur,

certification of the Settlement Class shall be automatically
vacated and the Final Order and Final Judgment, and all other
orders entered and releases delivered in connection herewith,
shall be vacated and shall become null and void.
VI.

Attorneys’ Fees, Costs, and Service Award
It is hereby further ORDERED that Plaintiff’s unopposed

motion for attorneys’ fees, costs, and service awards (ECF No.
49) is GRANTED.
24.

Golomb & Honik, P.C., as Plaintiff’s Class Counsel,

and pursuant to the Settlement Agreement, are hereby awarded
attorneys’ fees in the amount of $230,312.89, and costs in the
amount of $14,687.11, to be paid in accordance with the
Settlement Agreement.
25.

Plaintiff Jesse Krimes is hereby awarded a service

award in the amount of $5,000.00, to be paid in accordance with
the Settlement Agreement.
26.

Within the timeframe contemplated by the Settlement

Agreement, Chase shall make a wired deposit into an attorney
client trust account to be designated by Class Counsel.
After attorneys’ fees, costs, and the Service Award have been
deposited into this account, Class Counsel shall be solely
responsible for allocating such attorneys’ fees, costs, and the
Service Award.
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27.

The Clerk of the Court is hereby directed to mark this

case as CLOSED.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

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