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Hartranft v. TVI, Inc.

United States District Court, C.D. California

October 21, 2019

SEAN HARTRANFT, on behalf of himself and all others similarly situated Plaintiff,
v.
TVI, INC. d/b/a SAVERS, APOGEE RETAIL, LLC, Defendants.

          SETTLEMENT ORDER AND FINAL JUDGMENT

          HON. CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE

         THIS 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.

         On 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.

         Having 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 as follows:

         1. Definitions. The definitions and provisions of the Agreement are incorporated in this Final Judgment as though fully set forth herein.

         2. 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.

         The 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.

         3. 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.

         4. 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 Approval Order.

         5. 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.

         6. 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.

         7. Objections. The Court has not received any objections to the settlement.

         8. 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 ...


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