The opinion of the court was delivered by: Honorable James V. Selna Judge, United States District Court
This matter having coming before the Court on the motion by Plaintiff, SERGIO CEDENO, for final approval of a class-wide settlement agreement including certification of a settlement class, grant of an injunction, approval of class counsel, and awarding attorneys' fees and costs, and the Court having reviewed the papers submitted; and
It appearing to the Court that:
A. On June 18, 2012, this Court entered a Preliminary Approval Order which, among other things, certified this case, to proceed as a class action for settlement purposes only, defined the Settlement Class,*fn1 and Settlement Class Claims, appointed Settlement Class co-counsel, preliminarily approved a proposed settlement which would be binding on the Settlement Class, and provided for notice to the Settlement Class including an opportunity for Settlement Class members to object to, or opt-out of, the proposed settlement.
B. The proposed class was preliminarily certified under Fed R. Civ. P. 23(b)(2), which does not require notice to the Settlement Class Members; however, pursuant to the Parties' Stipulation, the Court ordered Defendant to place a summary advertisement notifying the Settlement Class members of the Settlement in one weekday edition of The Orange County Register, at least two weeks before the final fairness hearing to provide Settlement Class members an opportunity to opt-out of, or object to, the Settlement.
C. No opt-outs or objections were received with respect to the Stipulation of Settlement.
D. In satisfaction of Fed. R. Civ. P. 23(e)(3), a copy of the Stipulation of Settlement ("Stipulation") was provided to the Court with Plaintiff's Motion seeking the entry of the Preliminary Approval Order.
E. In the Stipulation, Defendant, Bureau of Collection Recovery, LLC, consented to the entry of a permanent injunction mandating that it use its best efforts to ensure that it identifies itself by its legal name in all telephone messages left for consumers, and that it further discloses the call is from a debt collector and concerns the collection of a debt.
F. In accordance with the Preliminary Approval Order and Fed. R. Civ. P. 23(e)(2), the Court held a fairness hearing on November 19, 2012, to consider any objections and to determine whether the proposed settlement is fair, reasonable, and adequate, and the Court provided all persons present at the hearing with an opportunity to be heard with respect to this action;
G. The Parties appeared through their respective counsel at the November 19, 2012, hearing and no opt-outs or written objections have otherwise been received by the Parties or the Court;
H. the Court having issued and adopted its tentative ruling, which granted Plaintiff's Consent Motion for an Order Granting Final Approval of Class Action Settlement and Injunctive Relief, and further granted Plaintiff's Motion for Attorneys' Fees and Costs;
I. And the Court being duly advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED:
1. The Court confirms its certification of this action in the Preliminary Approval Order as a class action for settlement purposes only and, in ...