Taylor v. Universal Auto Group I, Inc.

Filing 105

FINAL ORDER OF JUDGMENT AND DISMISSAL WITH PREJUDICE by Judge Karen L Strombom. (TW)

THE HONORABLE KAREN L. STROMBOM

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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ROBERT LEE TAYLOR, SR., individually
and on behalf of all others similarly situated,
NO. 3:13-cv-05245-KLS

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Plaintiff,

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FINAL ORDER OF JUDGMENT AND
DISMISSAL WITH PREJUDICE

v.
UNIVERSAL AUTO GROUP I, INC., a
Washington corporation, d/b/a TACOMA
DODGE CHRYSLER JEEP,

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Defendant.
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FINAL ORDER OF JUDGMENT & DISMISSAL WITH PREJUDICE

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And now, on this 3rd day of February, 2016, upon consideration of the unopposed

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Motion for Final Approval of the Settlement (“Motion”) filed by Plaintiff Robert Lee Taylor,

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Sr., and the relevant memoranda and submissions to this Court, it is HEREBY ORDERED

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that the Motion is GRANTED, the Settlement Class is certified, and the Settlement is

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approved.1

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Capitalized terms shall have the meaning ascribed to them in the Settlement Agreement.

FINAL ORDER OF JUDGMENT AND DISMISSAL WITH
PREJUDICE - 1
CASE NO. 3:13-CV-05245-KLS

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.tmdwlaw.com

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WHEREAS, on or about August 28, 2015, the Parties filed a Settlement Agreement

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(Docket No. 92-1) which sets for the terms and conditions of the Settlement and release of

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certain claims against defendant Universal Auto Group I, Inc. (“Universal Auto”);

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WHEREAS, the Plaintiff and Class Counsel have filed an unopposed Motion, pursuant

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to Rule 23 of the Federal Rules of Civil Procedure, for an order finally approving the

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Settlement as set forth in the Settlement Agreement, which will dismiss this Action with

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prejudice;

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WHEREAS, the Court preliminarily approved the Settlement on September 9, 2015
and notice was given to members of the Settlement Class pursuant to that Preliminary Approval
Order;
WHEREAS, the Court has reviewed and considered all papers filed in support of the

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Settlement, and all exhibits thereto, and held a Final Approval Hearing on February 3, 2016, at

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which time the Parties and all interested persons were heard. No papers were filed in

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opposition of the settlement and no one spoke against the settlement.

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WHEREAS, upon consideration of all of the above, the Court finds that the Settlement
is fair, adequate, and reasonable.

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THEREFORE, the following is HEREBY ORDERED:

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1.

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For purposes of settlement only, this Court has jurisdiction over the subject

matter of this Action and personal jurisdiction over the Parties and the Settlement Class.
2.

Pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure, and for the

purposes of settlement only, the Settlement Class is certified as follows:
All persons who had one or more of the 8,143 cellular telephone
numbers appearing on the “Settlement Class List,” which is a list
of cellular telephone numbers to which robocalls were placed on
Universal Auto’s behalf and that includes the names and U.S.
mailing addresses of the people who OneCommand determined
owned those numbers. Excluded from the Settlement Class are
those persons who were called on Universal Auto’s behalf but
whose numbers were not included on the Settlement Class List.

FINAL ORDER OF JUDGMENT AND DISMISSAL WITH
PREJUDICE - 2
CASE NO. 3:13-CV-05245-KLS

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.tmdwlaw.com

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3.

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Representative.

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4.

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5.

For purposes of settlement only, the prerequisites for class certification under

Rule 23(a) and (b)(3) have been satisfied as follows:

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For purposes of settlement only, the attorneys at Terrell Marshall Daudt &

Willie PLLC are hereby appointed as Class Counsel.

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For purposes of settlement only, Plaintiff is hereby appointed Class

a.

The number of members in the Settlement Class is so numerous that

joinder of all members is impracticable;

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b.

There are common questions of law and fact to the Settlement Class;

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c.

The claims of the Class Representative are typical of the claims of the

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Settlement Class;

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d.

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represent and protect the interests of the Settlement Class;

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The Class Representative and Class Counsel will fairly and adequately

e.

The questions of law and fact common to the members of the Settlement

Class will predominate over individual questions of law and fact; and

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f.

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6.

A class action is superior to other methods of adjudication.

In the event that the Settlement terminates for any reason, the certification of the

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Settlement Class shall be automatically vacated, null and void, and this Action shall revert to its

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status immediately prior to the execution of the Settlement Agreement.

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7.

This Court finds that the notice given to members of the Settlement Class

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pursuant to the terms of the Settlement Agreement fully and accurately informed such members

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of all material elements of this Settlement and constituted valid, sufficient, and due notice to all

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such members. That notice fully complied with due process, Rule 23 of the Federal Rules of

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Civil Procedure, and with all other applicable law.

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8.

No Members of the Settlement Class requested exclusion from the Settlement

Class.

FINAL ORDER OF JUDGMENT AND DISMISSAL WITH
PREJUDICE - 3
CASE NO. 3:13-CV-05245-KLS

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.tmdwlaw.com

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and adequate.

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The Court finally approves this Settlement, and finds that it is fair, reasonable,

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The Parties, their counsel, and the Claims Administrator shall fulfill their

obligations and duties under the Settlement Agreement.

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The Court dismisses with prejudice this Action, the Released Claims, and the

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Released Parties, and adjudges that the Released Claims are released against the Released

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Parties.

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The Court adjudges that Plaintiff and the Settlement Class Members are deemed

to have fully, finally, completely, and forever released, relinquished, and discharged the
Released Claims against the Released Parties.
13.

Plaintiff and the Settlement Class Members are permanently enjoined and barred

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from asserting, initiating, prosecuting, or continuing any of the Released Claims against the

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Released Parties.

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14.

The Court approves payment of attorneys’ fees and expenses, which includes

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costs, of Class Counsel in the amount of $ 175,000.00. The Court finds this amount to be

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appropriate and reasonable in light of the work performed by Class Counsel and the benefits

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obtained by the Settlement Class Members. In addition, the Court finds that the Settlement

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Agreement was negotiated at arms’ length and without collusion.

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The Court approves payment of a service award to Plaintiff in the amount of

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$1,500.00. The service award compensates Plaintiff for the services he performed on behalf of

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the Settlement Class and the risk he undertook bringing this action.

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The Court finds that this Order and the Settlement are not admissions or

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concessions by Universal Auto of any liability or wrongdoing. This Order is not a

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determination of liability or wrongdoing. This Order also does not constitute any opinion or

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position of this Court as to the merits of the claims and defenses related to this Action.

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FINAL ORDER OF JUDGMENT AND DISMISSAL WITH
PREJUDICE - 4
CASE NO. 3:13-CV-05245-KLS

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.tmdwlaw.com

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If the Effective Date does not occur, the parties shall be returned to the status

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quo ex ante, for all litigation purposes, as if no Settlement had been negotiated or entered into

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and thus this Order and all other findings or stipulations regarding the Settlement, including but

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not limited to, certification of the Settlement Class shall be automatically void, vacated, and

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treated as if never filed.

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This Court retains jurisdiction to consider all further matters arising out of or

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connected with the Settlement, including the implementation and enforcement of this

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Settlement.

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19.

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No timely submitted valid objections to the Settlement were filed.

THEREFORE, the Clerk of the Court is HEREBY ORDERED to enter this Final
Order of Judgment and Dismissal with Prejudice.

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Dated this 3rd day of February, 2016.

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A
Karen L. Strombom
United States Magistrate Judge

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FINAL ORDER OF JUDGMENT AND DISMISSAL WITH
PREJUDICE - 5
CASE NO. 3:13-CV-05245-KLS

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.tmdwlaw.com