United States District Court, C.D. California
ANN FOX, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
ASSET ACCEPTANCE, LLC, DEFENDANT.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT AND JUDGMENT
HON. GEORGE H. WU U.S. DISTRICT COURT JUDGE
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”).
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
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”).
January 15, 2016, the Plaintiff filed her initial Motion for
Final Approval of Class Action Settlement.
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.
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.
28, 2016, Plaintiff filed supplemental briefing in support of
the Final Approval Motion.
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.
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.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
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
JURISDICTION: The Court has jurisdiction over the
subject matter of the Lawsuit and over all settling Parties
thereto including, without limitation, the Class Members.
CLASS MEMBERS: Pursuant to Fed.R.Civ.P. 23(b)(3),
the Lawsuit is hereby finally certified, for settlement
purposes only, as a class ...