Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brinker v. Normandin's

United States District Court, N.D. California, San Jose Division

March 29, 2018

ALAN BRINKER, AUSTIN RUGG, and ANA SANDERS, individually and on behalf of all others similarly situated, Plaintiffs,
v.
NORMANDIN'S, a California corporation, d/b/a NORMANDIN CHRYSLER JEEP DODGE RAM, and ONECOMMAND, INC., Defendants.

          Complaint Filed: July 1, 2014

          [PROPOSED] FINAL APPROVAL ORDER OF JUDGMENT AND DISMISSAL WITH PREJUDICE

          EDWARD J. DAVILA, Judge

         This matter came before the Court upon consideration of Plaintiffs' Motion for Final Approval of Class Action Settlement and Class Counsel's Motion for an Award of Fees, Costs, and Class Representative Service Awards. After considering the motions and the declarations and exhibits submitted with the motions, the Court enters this Final Approval Order of Judgment and Dismissal with Prejudice (“Final Approval Order”), which constitutes a final adjudication on the merits of all claims of the Settlement Class. It is HEREBY ORDERED that the motions are GRANTED IN PART, the Settlement Class is certified, the Settlement Agreement and Release (“Settlement Agreement” or “Agreement”)[1] is approved, Class Counsel are awarded $150, 000 in fees and costs, and service awards are approved in the amount of $7, 500 for Plaintiff Alan Brinker, and $1, 000 each for Plaintiffs Austin Rugg and Ana Sanders.

         WHEREAS, on or about October 5, 2017, the Parties filed the Agreement (Docket No. 166) which sets for the terms and conditions of the settlement and release of certain claims against Defendants Normandin's and OneCommand, Inc. (“Settlement”);

         WHEREAS, Plaintiffs and Class Counsel have filed motions, pursuant to Rule 23 of the Federal Rules of Civil Procedure, for orders finally approving the Agreement, which will dismiss this Action with prejudice, and granting Class Counsel's request for an award of fees and costs, and service awards to the Plaintiffs;

         WHEREAS, the Court preliminary approved the Settlement on November 16, 2017 and Class Notice was given to Settlement Class Members pursuant to that Preliminary Approval Order;

         WHEREAS, the Court has reviewed and considered all papers filed in support of the Settlement, and all exhibits thereto, and held a hearing after Class Notice to the Settlement Class in order to confirm that the Settlement is fair, reasonable, and adequate, and to determine whether the Final Approval Order should be entered in this Action pursuant to the terms and conditions set forth in the Agreement (“Final Approval Hearing”) on March 29, 2018, at which time the Parties and all interested persons were heard in support of and in opposition to the Settlement; and

         WHEREAS, upon consideration of all of the above, the Court finds that the Settlement is fair, adequate, and reasonable to the Settlement Class, within the authority of the parties, and the result of extensive arm's length negotiations with the guidance of an experienced mediator.

         THEREFORE, the following is HEREBY ORDERED:

         1. This Court has jurisdiction over the subject matter of this Action and personal jurisdiction over the Parties and the Settlement Class. The definitions and provisions of the Agreement are incorporated in this Order as though fully set forth herein.

         2. The definitions and provisions of the Agreement are incorporated in this Order as though fully set forth herein.

         3. Pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure, and for the purposes of Settlement only, the Settlement Class is certified as follows:

All persons who owned one or more of the 8, 313 cellular telephone numbers to which calls were placed by OneCommand on Normandin's behalf on or after October 16, 2013, through the alleged use of any automatic telephone dialing system or with an artificial or prerecorded voice, which calls allegedly were not made for emergency purposes or with the recipient's prior express consent.

         Excluded from the Settlement Class are the Judge to whom the Action is assigned, any member of the Judge's staff and immediate family, and all persons who ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.