The opinion of the court was delivered by: Margaret M. MorrowUnited States District Judge
JUDGMENT; ORDER OF DISMISSAL AS TO THE CLAIMS OF ALLAN AND GLADYS SCHAFFER, JOHN AND ELAINE DURAND, AND THE SETTLEMENT CLASS MEMBERS; ORDER OF DISMISSAL AS TO THE CLAIMS OF ALBERT J. AND MARY BETH SAULNIER JUDGMENT AND ORDER OF DISMISSAL
A. Claims of Allan and Gladys Schaffer, John and Elaine Durand, and the Settlement Class Members
This action came on before the Court, the Honorable Margaret M. Morrow, United States District Judge, presiding, and in accordance with the provisions of the Court's Order Granting Plaintiffs' Motion for Final Approval of Settlement of Class Litigation and Granting Class Counsel's Application for Attorneys' Fees dated November 13, 2012 (Dkt. No. 526) ("Final Approval Order") and the Class Action Settlement Agreement and Release agreed to by the Parties (Dkt. No. 439-3) ("Settlement Agreement"):
It is hereby ORDERED and ADJUDGED:
(1). That the terms used in this Judgment adopt the definitions set forth in and the meanings assigned to them in the Settlement Agreement.
(2). That the following class has been certified pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure:
All persons (i) who presently own, or during the Class Period owned, property (including mobile homes) in the United States,
(ii) who entered into a mortgage loan transaction which was then transferred or sold to Litton or for which the servicing rights were acquired by Litton Loan Servicing, LP or its predecessors, directly or indirectly, at any time . . . [during the Class Period], and (iii) who made timely payment to the transferor servicer and were charged late fees related to that payment within the first sixty (60) days of the loan transfer to Litton.
Excluded from the class are any and all officers, directors, and legal representatives of Litton Loan Servicing LP ("Litton") or any entity in which Litton has a controlling interest, and any judicial officer handling this matter. The class, moreover, is limited to claims for statutory damages under the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605.
(3). That, pursuant to the Settlement Agreement, notice of the pendency of the action and the settlement was sent to all individuals who, during the Class Period, were assessed a late fee within the first sixty days after the effective date of transfer of their loan to Litton ("Notice Recipients").
(4). That the Settlement Class Members consist of all Notice Recipients except those individuals who have validly and timely excluded themselves from the settlement by timely submitting a written request for exclusion.
(5). That the claims of the Settlement Class Members against Defendants Litton and DOES 1-100, inclusive, are, per the terms of the Settlement Agreement, hereby DISMISSED WITH PREJUDICE.
(6). That the claims of the Named Plaintiffs Allan and Gladys Schaffer (the "Schaffers") against Defendants Litton and DOES 1-100, inclusive, including all individual and class claims asserted by the Schaffers, are, per the terms of the Settlement Agreement, hereby DISMISSED WITH PREJUDICE.
(7). That the claims of the Named Plaintiffs John and Elaine Durand (the "Durands") against Defendants Litton and DOES 1-100, inclusive, including all individual and class claims asserted by the Durands, are, per the terms of ...