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Fox v. Asset Acceptance, LLC

United States District Court, C.D. California

July 1, 2016

ANN FOX, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
ASSET ACCEPTANCE, LLC, DEFENDANT.

          ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT

          THE HON. GEORGE H. WU U.S. DISTRICT COURT JUDGE

         On June 1, 2015, Plaintiff Ann Fox (“Ms. Fox” or “Plaintiff”) and Defendant Asset Acceptance, LLC (“Asset Acceptance” or “Defendant”), entered in to an Amended Settlement Agreement and Release (hereinafter referred to as the “Agreement”), which is subject to review under Fed.R.Civ.P. 23. Plaintiff filed a Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class (hereinafter referred to as the “Preliminary Approval Motion”) in the above-captioned action (the “Lawsuit”).

         On August 17, 2015, upon consideration of the Agreement, Preliminary Approval Motion, and the record, the Court entered an Order of Preliminary Approval of Class Action Settlement (hereinafter referred to as the “Preliminary Approval Order”).

         On November 25, 2015, the Plaintiff filed her Motion for Attorneys’ Fees, Costs and Incentive Payment, and supplemental briefing was filed on June 13, 2016 (together the “Fee Brief”).

         On January 15, 2016, the Plaintiff filed her initial Motion for Final Approval of Class Action Settlement.

         On March 9, 2016, the Court issued an order approving and requiring supplemental notice via postcard to the Settlement Class and scheduled a hearing on Final Approval of Class Action Settlement for June 30, 2016.

         On June 13, 2016, Plaintiff filed her renewed and revised Motion for Final Approval of Class Action Settlement (hereinafter referred to as the “Final Approval Motion”). Pursuant to their Final Approval Motion, Plaintiff requests final certification of the settlement class under Fed.R.Civ.P. 23(b)(3) and final approval of the proposed class action settlement.

         On June 28, 2016, Plaintiff filed supplemental briefing in support of the Final Approval Motion.

         On June 30, 2016, a Fairness Hearing was held pursuant to Fed.R.Civ.P. 23 to determine whether the Lawsuit satisfies the applicable prerequisites for class action treatment and whether the proposed settlement is fundamentally fair, reasonable, adequate, and in the best interests of the Class Members and should be approved by the Court.

         The Court has read and considered the Agreement, Fee Brief, Final Approval Motion, and the objection to the Settlement. All capitalized terms used herein have the meanings defined herein and/or in the Agreement.

         NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

         I. The Agreement and all definitions set forth therein are hereby incorporated with and made part of this Final Order Approving Class Action Settlement and Judgment (“Final Order and Judgment”).

         II. JURISDICTION: The Court has jurisdiction over the subject matter of the Lawsuit and over all settling Parties thereto including, without limitation, the Class Members.

         III. CLASS MEMBERS: Pursuant to Fed.R.Civ.P. 23(b)(3), the Lawsuit is hereby finally certified, for settlement purposes only, as a class ...


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