The opinion of the court was delivered by: Judge: Hon. John A. Mendez
CLASS ACTION FINAL JUDGMENT ORDER APPROVING CLASS SETTLEMENT
Date: June 20, 2012 Time: 9:30 a.m.
Plaintiffs Carla Burdewick and Robert Haefner ("Plaintiffs") and Defendant Leslie's Poolmart, Inc. ("Leslie's") moved this Court for an Order finally approving their settlement, certifying a settlement class, and taking certain other actions. On June 20, 2012, the Court held a hearing on the Motion for Final Approval of Class Action Settlement and the fairness of the settlement. 2
Upon considering the parties' Settlement Agreement and its 3 exhibits (including the form of class notice), all papers in 4 support of the settlement filed by the parties, any objections to 5 the settlement, the arguments of counsel, and the entire record 6 herein, it is hereby ORDERED: 7
1. This Court has subject matter jurisdiction over this 8 action and personal jurisdiction over the parties in this action. 9
2. Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Settlement Agreement. The term "Settlement Agreement" incorporates the Addendum to the Settlement Agreement executed by the parties on December 2, 2011.
3. The following Class, which was previously certified in this Court's February 9, 2012 Order Granting Preliminary Approval of Class Action Settlement, is certified for settlement purposes only as follows:
All persons who purchased merchandise from a Leslie's Pools retail store located in the State of California during the Class Period by using a credit card to make the purchase, and whose personal identification information (telephone number, address, e-mail address, and/or ZIP code) was requested and recorded by Leslie's in conjunction with the credit card transaction, during the period of time between March 14, 2010 through February 9, 2012.
The following are excluded from the Class: (i) government entities; (ii) federal court judges assigned to this case and their spouses and anyone within three degrees of consanguinity from those judges and their spouses; (iii) persons who have previously timely and validly requested exclusion from the class (hereinafter "Class" or "Settlement Class").
4. The Court finds that certification of the Settlement 2
Class is appropriate because: 3
a. The Settlement Class is so numerous that joinder of all members is impracticable, satisfying the requirement of Rule 23(a)(1);
b. There are questions of law and fact common to the Settlement Class, satisfying the requirements of Rule 23(a)(2), including: (a) whether Leslie's violated California Civil Code § 1747.08 by requesting personal identification information; (b) whether Leslie's was negligent based on the alleged requests for personal identification information; and (c) whether Leslie's requested personal identification information in conjunction with a credit card transaction;
c. The claims of representative parties Carla Burdewick and Robert Haefner are typical of the claims of the members of the Settlement Class, satisfying the requirements of Rule 23(a)(3);
d. The representative parties will fairly and adequately protect the interests of the Settlement Class, satisfying the ...