United States District Court, C.D. California
SEAN HARTRANFT, on behalf of himself and all others similarly situated Plaintiff,
TVI, INC. d/b/a SAVERS, APOGEE RETAIL, LLC, Defendants.
SETTLEMENT ORDER AND FINAL JUDGMENT
CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE
MATTER came before the Court on Class Representative's
motion for final approval of the proposed class settlement
(the “Settlement”) and Class Counsel's
application for attorneys' fees and expenses, and
incentive award to Class Representative (“Fee, Expense,
and Incentive Payment Application”). The Court has
considered all papers filed and proceedings in this matter
and is fully informed regarding the facts surrounding the
proposed Settlement. Based upon this information, the Court
has determined to approve the proposed Settlement as fair,
reasonable, and adequate. The Court hereby enters this
Settlement Order and Final Judgment (“Final
Judgment”), which constitutes a final adjudication on
the merits of all claims of the Settlement Class.
April 18, 2019, this Court granted preliminary approval to
the proposed Settlement between Class Representative and
Defendants TVI, Inc. d/b/a Savers, and Apogee Retail, LLC
(collectively, “Defendants”). The proposed
Settlement resolves all of the Settlement Class's claims
against Defendants in exchange for Defendants' agreement
to provide certain monetary and non-monetary consideration to
Settlement Class Members as set forth in the Settlement
Agreement and Release (the “Agreement”). On
October 21, 2019, this Court held a Final Approval Hearing to
consider whether to grant final approval to the Settlement
and to consider Class Counsel's Fee, Expense and,
Incentive Payment Application. The Court heard from counsel.
read, reviewed and considered the papers filed in support of
final approval of the Settlement, including supporting
declarations; oral arguments of counsel; Class Counsel's
Fee, Expense, and Incentive Payment Application; the
Agreement; and the pleadings, the Court finds and concludes
Definitions. The definitions and
provisions of the Agreement are incorporated in this Final
Judgment as though fully set forth herein.
Jurisdiction. This Court has
jurisdiction over the subject matter of the Agreement with
respect to and over all parties to the Agreement, including
Class Representative and all members of the Settlement Class.
That Settlement Class is as certified in the Court's
Order Granting Preliminary Approval of Class Action
Settlement (“Preliminary Approval Order”):
All persons and entities to which, between and including July
1, 2011, to September 30, 2015, Apogee made or attempted to
make one or more telephone calls to their cellular telephones
regarding donation solicitation on behalf of EFA.
Settlement Class does not include any persons who timely and
validly requested exclusion from the Settlement Class.
Defendants and any of their affiliates or subsidiaries, and
any entities in which any of such companies have a
controlling interest, the judges presiding in the Action, and
Class Counsel are also excluded from the Settlement Class.
Settlement Approval. The Court
hereby grants final approval to the Settlement and finds the
Settlement is, in all respects, fair, reasonable, and
adequate, and in the best interests of the Settlement Class.
The Court finds the Settlement is within the authority of the
parties and the result of extensive arm's length
negotiations with the guidance of an experienced mediator.
Class Certification. This Court
confirms the proposed Settlement Class satisfies the
requirements of Fed.R.Civ.P. 23, as found in the Preliminary
Approval Order. Accordingly, this Court makes final the
conditional class certification set forth in the Preliminary
Exclusion from Settlement Class.
Certain members of the Settlement Class have timely requested
to be excluded from the Settlement Class and the Settlement.
Exhibit A, attached hereto, lists the Settlement Class
Members who timely requested exclusion from the Settlement
Class. Accordingly, this Final Judgment shall not bind or
affect Settlement Class Members listed on Exhibit A.
Appointment of Class Counsel and Class
Representative. The Court confirms the
appointment of the Law Offices of Douglas J. Campion, APC,
Bisnar Chase LLP, and the Law Offices of Michael P. Sousa,
APC as Class Counsel. The Court confirms the appointment of
Sean Hartranft as Class Representative.
Objections. The Court has not
received any objections to the settlement.
No Admission. Neither this Final
Judgment nor the Agreement is an admission or concession by
Defendants of the validity of any claims or of any liability
or wrongdoing or of any violation of law. This Final Judgment
and the Agreement do not constitute a concession and shall
not be used as an admission or indication of any wrongdoing,
fault or omission by Defendants or any other person in
connection with any transaction, event or occurrence, and
neither this Final Judgment nor the Agreement nor any related
documents in this proceeding, nor any reports or accounts
thereof, shall be offered or received in evidence in any
civil, criminal, or administrative action or proceeding,
other than such proceedings as may be necessary to consummate
or enforce ...