The opinion of the court was delivered by: The Hon. George H. Wu The Hon. Patrick J. Walsh
Before the Court is the Parties' Joint Motion for Final Approval of the terms of the Agreement of Class Action Settlement ("Agreement" or "Settlement Agreement") between Plaintiff Kathie Aamodt Ward ("Plaintiff") and Defendants American Home Shield Corporation and American Home Shield of California, Inc. ("Defendants").
Plaintiff and Defendants executed the Settlement Agreement on September 2, 2008. On September 16, 2008, this Court entered an Order (i) conditionally certifying a Settlement Class consisting of all persons who purchased a 13 SEER home warranty upgrade from Defendants; (ii) preliminarily approving the proposed Settlement as fair, reasonable, and adequate; (iii) directing the parties to notify Class Members of the contemplated settlement; and (iv) scheduling a Fairness Hearing to determine whether the Settlement should be finally approved. On October 30, 2008, counsel for Defendants notified the Court that they had provided the required notice. The Fairness Hearing was held on January 12, 2009.
The Court, having heard all persons properly appearing and timely requesting to be heard, having considered the Agreement and the papers submitted in support thereof, and having considered the oral presentations of counsel and all applicable law, concludes that the Settlement Agreement is fair, reasonable, and adequate, and should be finally approved.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT:
1. The Court has subject matter jurisdiction to approve a settlement in this Action.
2. The Court has personal jurisdiction over all Parties to this Action and all members of the Settlement Class.
3. The proposed Settlement, as set forth by the Parties in their Agreement, is in good faith and is approved as fair, reasonable, adequate, and in the best interests of the Parties and the Class. The Parties shall perform the Settlement in accordance with the terms of the Agreement.
4. The Notice of Class Action and Settlement ("Class Notice") fully, fairly, and accurately informed all Class Members of the material elements of this Action and the proposed Settlement, and constituted: (i) the best practicable notice; and (ii) notice that was reasonably calculated, under the circumstances, to apprise members of the Settlement Class of the pendency of this Action, their right to object or exclude themselves from the proposed Settlement, and their right to appear at the Fairness Hearing.
5. The Court finds that the notice given by Defendants satisfies the requirements of 28 U.S.C. § 1715(b), and that no objection was received from any state or federal official.
6. After proper notice to the Class, and after sufficient opportunity to object to the proposed Settlement, no timely and valid objections were made that would present any obstacle to approving the Settlement. The comments and statements submitted by Class Members have been duly considered by the Court, but none of these comments and statements alters the Court's judgment that the Settlement should be approved.
7. All Class Members who failed to file a timely and valid objection to the Settlement Agreement are deemed to have waived and forfeited any such objections and are bound by all terms of the Agreement, including the Release and this Final Order and Judgment.
8. After proper notice to the Class, and after sufficient opportunity to request exclusion from the Class, 1070 requests for exclusion from the Settlement Agreement were made.
9. All Class Members who failed to timely request exclusion from the Settlement are bound by all terms of the Agreement, including the ...