Rodriguez v. Experian Information Solutions Inc et al

Filing 70

ORDER granting Plaintiff's 66 Motion For Final Approval of Class Settlement. Signed by Judge Richard A. Jones.(MW)

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UNITED STATE DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

THE LAW OFFICES OF TODD M. FRIEDMAN, PC
WOODLAND HILLS, CA 91367

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JESSE RODRIGUEZ, for himself and all
others similarly situated,

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Plaintiffs,
VS.

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EXPERIAN INFORMATION
SOLUTIONS, INC. and
ALLIANCEONE RECEIVABLES
MANAGEMENT, INC.

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Defendants

CIVIL CASE 2:15-cv-01224-RAJ
Hon. Richard A. Jones
[PROPOSED] ORDER GRANTING
FINAL APPROVAL OF CLASS
ACTION SETTLEMENT AND
FINAL JUDGMENT

NOTE ON THE MOTION
CALENDAR: AUGUST 23, 2019

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Plaintiffs have filed a Motion for an Order Granting Final Approval of Class Action
Settlement, Conditionally Certifying Proposed Settlement Class, Approving Motion for
Attorneys’ Fees and Costs, and granting Incentive Award (“Motion”). Having reviewed
the Motion and supporting materials, the Court determines and orders as follows:
On March 25, 2019, this Court entered an Order Granting Preliminary Approval of
Settlement, resulting in certification of the following provisional Settlement Class:
All natural persons residing in the United States whose consumer
report as defined by 15 U.S.C. § 1681a(d) was obtained by
AllianceOne, from Experian, for the purpose of collecting a debt
[PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND
FINAL JUDGMENT
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arising out of any vehicle parking violation in the United States.
The class excludes all persons who have filed for bankruptcy.

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THE LAW OFFICES OF TODD M. FRIEDMAN, PC
WOODLAND HILLS, CA 91367

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Membership in the Settlement Class consists exclusively of individuals provided by
Defendants to the Settlement Administrator, as set forth in the Agreement. The Court
further approved the form of, and directed the parties to provide, the proposed Class
Notice to the Class, which informed Settlement Class Members of: (a) the proposed
Settlement, and the Settlement’s key terms; (b) the date, time, and location of the Final
Approval Hearing; (c) the right of any Settlement Class Member to object to the proposed
Settlement, and an explanation of the procedures to exercise that right; (d) the right of any
Settlement Class Member to exclude themselves from the proposed Settlement; and an
explanation of the procedures to exercise that right; and (e) an explanation of the
procedures for Settlement Class Members to participate in the proposed Settlement.
No objections have been made, timely or otherwise, pursuant to the Class Notice
sent to the Settlement Class members, nor did any objectors appear at the time of the
hearing.
This matter having come before the Court for hearing pursuant to the Order of this
Court dated March 25, 2019, for approval of the settlement set forth in the Settlement
Agreement and Release ( “Settlement”), and due and adequate notice having been given
to the Settlement Class Members as required in said Order, and the Court having
considered all papers filed and proceedings had herein and otherwise being fully informed
of the promises and good cause appearing therefore, it is ORDERED, ADJUDGED AND
DECREED THAT:
1. This Court has jurisdiction over the subject matter of the Action and over all of the
parties to the Action.
2. The Court finds that the Settlement Class is properly certified as a class for
settlement purposes only.
3. The Class Notice provided to the Settlement Class conforms with the requirements
of Fed. Rule Civ. Proc. 23, the California and United States Constitutions, and any
[PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND
FINAL JUDGMENT
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other applicable law, and constitutes the best notice practicable under the

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circumstances, by providing individual notice to all Settlement Class Members who

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could be identified through reasonable effort, and by providing due and adequate

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notice of the proceedings and of the matters set forth therein to the other Settlement

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Class Members. The notice fully satisfied the requirements of Due Process. No

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Settlement Class Members have objected to the terms of the Settlement.

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4. Four Settlement Class Members have opted out of the Settlement.

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5. The Court finds that Defendant properly and timely notified the appropriate

THE LAW OFFICES OF TODD M. FRIEDMAN, PC
WOODLAND HILLS, CA 91367

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government officials of the Settlement Agreement, pursuant to the Class Action

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Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1715. The Court has reviewed the

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substance of Defendant’s notice, and finds that it complied with all applicable

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requirements of CAFA. Further, more than ninety (90) days have elapsed since
Defendant provided notice pursuant to CAFA and the Final Approval Hearing.
6. The Court finds the Settlement was entered into in good faith, that the settlement
is fair, reasonable and adequate, and that the Settlement satisfies the standards and
applicable requirements for final approval of this class action settlement under
California law, including the provisions of Fed. Rule Civ. Proc. 23. The Court
finds that the consideration to be paid to members of the Settlement Class is
reasonable and in the best interests of the Settlement Class Members considering

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the disputed facts and circumstances of and affirmative defenses asserted in the

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Action and the potential risks and likelihood of success of pursuing litigation on

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the merits.

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7. The Court has specifically considered the factors relevant to class settlement

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approval (see, e.g., Churchill Vill., L.L.C. v. Gen. Elec., 361 F.3d 566 (9th Cir.

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2004))—including, inter alia, the strength of Plaintiff’s case; the risk, expense,

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complexity, and likely duration of further litigation; the risk of not maintaining

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class action status throughout trial; the relief provided for in the settlement; the

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extent of discovery completed and stage of the proceedings; the experience and

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views of counsel; and the reaction of the Settlement Class Members to the
[PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND
FINAL JUDGMENT
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proposed settlement (including the claims submitted and lack of any opt-outs or

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objections)—and upon consideration of such factors finds that the Settlement is

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fair, reasonable, and adequate to all concerned.

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8. Accordingly, the Settlement is hereby finally approved in all respects, and the

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Parties are hereby directed to implement and consummate the Settlement

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Agreement according to its terms and provisions.
9. The terms of the Settlement Agreement and of this Final Order, including all

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exhibits thereto, shall be forever binding in all pending and future lawsuits

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THE LAW OFFICES OF TODD M. FRIEDMAN, PC
WOODLAND HILLS, CA 91367

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maintained by the Named Plaintiff and all other Settlement Class Members, as well

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as their family members, heirs, administrators, successors, and assigns.
10. Upon entry of this Order, compensation to the participating Settlement Class
Members shall be effected pursuant to the terms of the Settlement.

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11. In addition to any recovery that Plaintiffs may receive under the Settlement, and in

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recognition of the Plaintiffs’ efforts and risks taken on behalf of the Settlement

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Class, the Court hereby approves the payment of a Service Award to Plaintiff, in the

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amount of $5,000.00

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12. The Court approves the payment of attorneys’ fees and costs to Class Counsel in the
sum of $733,333.00.

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13. The Court approves and orders payment in an amount commensurate with KCC’s

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actual costs, and not to exceed $75,000.00 to KCC for performance of its settlement

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claims administration services.

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14. Upon the Effective Date, the Plaintiffs and Settlement Class Members, [except the

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excluded individuals referenced in paragraph 4 of this Order], shall have, by

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operation of this Order and the accompanying Judgment, fully, finally and forever

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released, relinquished, and discharged Defendant from all claims or liabilities

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arising from or related to the facts, circumstances or subject matter of this Action,

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as set forth in the Settlement Agreement. Upon the Effective Date, all Settlement

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Class Members shall be and are hereby permanently barred and enjoined from the
[PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND
FINAL JUDGMENT
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institution or prosecution of any and all Released Claims that are released under the

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terms of the Settlement. This Lawsuit and all claims of Plaintiffs and the Settlement

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Class Members are hereby dismissed with prejudice. Furthermore, Plaintiffs and

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all Settlement Class Members are hereby barred and permanently enjoined from (a)

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filing, commencing, prosecuting, intervening in, promoting, or participating (as

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class members or otherwise) in any lawsuit in any jurisdiction based on or arising

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out of the claims and causes of action, or the facts and circumstances relating

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thereto, in this Action; and (b) organizing Settlement Class Members who have not

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THE LAW OFFICES OF TODD M. FRIEDMAN, PC
WOODLAND HILLS, CA 91367

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been excluded from the Settlement Class into a separate class for purposes of

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pursuing as a purported class action any lawsuit (including by seeking to amend a

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pending complaint to include class allegations, or seeking class certification in a

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pending action) based on or relating to the claims and causes of action, or the facts

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and circumstances relating thereto, in this Action.

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15. This Final Order and the Settlement Agreement (including the exhibits thereto) may

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be filed in any action against or by any Released Party (as that term is defined herein

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and the Settlement Agreement) to support a defense of res judicata, collateral

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estoppel, release, good faith settlement, judgment bar or reduction, or any theory of

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claim preclusion or issue preclusion or similar defense or counterclaim.

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16. This Order, the Settlement, and any and all negotiations, statements, documents,

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and/or proceedings in connection with this Settlement are not, and shall not be

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construed as, an admission by Defendant of any liability or wrongdoing in this or in

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any other proceeding.

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17. Upon completion of administration of the Settlement, the Parties shall file a

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declaration setting forth that claims have been paid and that the terms of the

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Settlement have been completed.

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18. This Judgment is intended to be a final disposition of the above captioned action in
its entirety, and is intended to be immediately appealable.

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[PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND
FINAL JUDGMENT
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19. This Court shall retain jurisdiction with respect to all matters related to the

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administration and consummation of the settlement, and any and all claims, asserted

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in, arising out of, or related to the subject matter of the lawsuit, including but not

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limited to all matters related to the Settlement and the determination of all

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controversies related thereto.

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IT IS SO ORDERED.

Dated this 12th day of November, 2019 .

THE LAW OFFICES OF TODD M. FRIEDMAN, PC
WOODLAND HILLS, CA 91367

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A
The Honorable Richard A. Jones
United States District Judge

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[PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND
FINAL JUDGMENT
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