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Vess v. Bank of America, N.A.

United States District Court, Ninth Circuit

April 29, 2013

BRYAN VESS, on behalf of himself and all others similarly situated, Plaintiff,
v.
BANK OF AMERICA, N.A.; and DOES 1 through 50, inclusive, Defendants.

PRELIMINARY APPROVAL AND PROVISIONAL CERTIFICATION ORDER

ANTHONY J. BATTAGLIA, District Judge.

This Court considered plaintiff Bryan Vess' unopposed motion for preliminary approval of class settlement and provisional class certification under Rule 23 of the Federal Rules of Civil Procedure. This Court reviewed the motion, including the Settlement Agreement. Based on this review and the findings below, the Court found good cause to grant the motion.

FINDINGS:

1. The Settlement Agreement was the product of serious, informed, non-collusive negotiations, has no obvious deficienceies, does not improperly grant preferential treatment to the proposed class representatives or segments of the class, and falls within the range of possible approval;

2. The Notice, attached to the Settlement Agreement, complies with due process because the notices and forms are reasonably calculated to adequately apprise class members of (i) the pending lawsuit, (ii) the proposed settlement, and (iii) their rights, including the right to either participate in the settlement, exclude themselves from the settlement, or object to the settlement;

3. The Class is so numerous that joinder of all Class embers is impracticable;

4. Plaintiff's claims are typical of the Class's claims;

5. There are questions of law and fact common to the Class, which predominate over any questions affecting only individual Class Members; and

6. Class Certification is superior to other available methods for the fair and efficient adjudication of the controversy.

7. Defendant Bank of America, N.A. gave notice pursuant to 28 U.S.C. ยง 1715(b) on April 26, 2013.

IT IS ORDERED THAT:

1. Preliminary Settlement Approval. The Court preliminarily approves the Settlement Agreement, including the Notice attached to the Settlement Agreement as Exhibit B.

2. Provisional Certification. The Class is provisionally certified as: All current Bank of America customers in the United States that have HELCO Accounts that were suspended or reduced based on Bank of America's claim that the property securing the HELCO had significantly declined in Value. Excluded from the Class are the Judges presiding over this case and any of their employees or immediate family members.

3. Provision of Class Notice. No later than sixty (60) days after the Court enters this Order, Defendant will notify Class Members of the settlement via first class mail to the Class' last known mailing addresses. Defendant shall re-mail any returned mail after obtaining updated addresses via the United States Postal Service's national change of ...


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