JOHN R. TUNHEIM, District Judge.
This matter is before the Court on a motion to enforce settlement and injunction by Best Buy Stores, L.P. ("Best Buy"). On November 9, 2010, the Court entered an Order and Final Judgment approving the parties' proposed settlement in this class action, which dismissed with prejudice all remaining claims in the class action against Best Buy. This Court retained jurisdiction over all matters related to the Frankle class action. Best Buy has now moved to enforce that Order against Kenneth Jackson, a Frankle Class member, and his subrogee State Farm Fire and Casualty Company ("State Farm"), in the action Jackson filed against Best Buy in Louisiana state court. Because Jackson is a Class member who received notice of the settlement barring him — and consequently, State Farm as his subrogee — from relitigating these claims against Best Buy, the Court will grant Best Buy's motion and order State Farm to dismiss with prejudice its claims against Best Buy in the Louisiana action.
On October 14, 2008, Ashleigh Frankle filed a complaint, individually and on behalf of all others similarly situated, against Best Buy for failure to install clothes dryers with a heavy metal vent. (Compl., Oct. 14, 2008, Docket No. 1.) Frankle alleged that if the dryers were improperly installed, such as with a foil vent, they posed a serious fire risk to customers. (Id. ¶¶ 34-36.) She further alleged that Best Buy sold and then installed (or arranged for the installation of) such dryers with metal foil transition ducts or vents. (Id. ¶¶ 7-13, 16.) Following a final fairness hearing, the Court entered an Order granting final class certification and approval of the parties' proposed settlement. (Order Granting Final Approval of the Proposed Settlement, Final Certification of the Settlement Class, and Approval of Attys' Fees and Expenses ("Order Granting Final Approval"), Nov. 9, 2010, Docket No. 127.)
In the Order granting final settlement approval, the Court certified the following Class:
(Id. at 2.) In the same Order, the Court approved the form and content of the settlement notice and claim form. (Id. at 3-5.) Additionally, the Court entered final judgment dismissing with prejudice all claims alleged in the Class Action Complaint. (Id. at 8.) In doing so, the Court "specifically refer[red] to and invoke[d] the Full Faith and Credit Clause of the United States Constitution and the doctrine of comity and request[ed] that any court in any other jurisdiction reviewing, construing, or applying [the] Judgment implement and enforce its terms in their entirety." (Id.) Further, the Court "expressly retain[ed] jurisdiction over all matters relating to the adjudication of claims and the payment of Valid Claims as provided . . . by this Order, as well as all other matters relating to the administration and consummation of the Settlement." (Id. at 8-9.)
The notice was mailed to all Class members, including Kenneth Jackson, in 2010. (Decl. of Theresa Collins ("Collins Decl.") ¶ 2, June 4, 2014, Docket No. 136.) Jackson was sent a follow-up reminder one month after the initial notice was sent. (Id. ¶ 3.) He did not submit a claim form or opt-out notice. (Id. ¶ 4.)
Kenneth Jackson is a resident of Prairieville, Louisiana. (Id. ¶¶ 1-2; Decl. of Ochen D. Kaylan ("Kaylan Decl."), Ex. 1 ¶ 2, June 4, 2014, Docket No. 135.) On February 1, 2012, Kenneth Jackson and his wife Nickeshia filed a complaint against Best Buy in the 19
State Farm petitioned to intervene (Kaylan Decl., Ex. 2), and Jackson subsequently voluntarily dismissed his claims. (Kaylan Decl., Ex. 3.) Best Buy now seeks dismissal of State Farm's subrogated claims to recover its fire damage payments.
Res judicata operates to bar subsequent litigation when "(1) the earlier claim involved the same set of factual circumstances; (2) the earlier claim involved the same parties or their privies; (3) there was a final judgment on the merits; [and] (4) the estopped party had a full and fair opportunity to litigate the matter." Minch Family LLLP v. Buffalo-Red River Watershed Dist., 628 F.3d 960, 966 (8
In this case, all elements of res judicata are met. The Frankle class action involved the same set of factual circumstances — improperly-installed clothes dryers, purchased from Best Buy during a specific period of time — and the same parties, as Jackson was a Frankle Class member. Not only was Jackson initially a Frankle Class member, but he took no steps to opt out of the class after he was sent the Class notice. (Collins Decl. ¶¶ 2-4.) The Court entered a final judgment incorporating the parties' settlement in the Frankle class action, and "[i]t is widely agreed that an earlier dismissal based on a settlement agreement constitutes a final judgment on the merits in a res judicata analysis." Ford-Clifton v. Dep't of Veterans Affairs, 661 F.3d 655, 660 (Fed. Cir. 2011); Larken, Inc. v. Wray, 189 F.3d 729, 732 (8
Because all elements of res judicata are met, claims based on Jackson's injury from the improperly-installed dryer purchased at Best Buy in 2007 would be precluded. The Court will turn next to whether State Farm's subrogated claims are also barred by res judicata.
A "party entitled to subrogation[] stands in the shoes of the plaintiff, and can be subrogated to no greater rights than the one in whose place he is substituted." Iowa Elec. Light & Power Co. v. Mobile Aerial Towers, Inc., 723 F.2d 50, 53 (8
Because res judicata precludes Jackson from asserting an extinguished claim based on the improper dryer installation, and State Farm brings its claims against Best Buy solely as a subrogee of Jackson's claims, the Court concludes that State Farm is also barred by res judicata. State Farm stands in Jackson's shoes and cannot assert a right to pursue claims for an injury on which Jackson himself would be barred from recovering. Accordingly, the Court will grant Best Buy's motion and order State Farm to dismiss with prejudice its claims against Best Buy pending in the 19
Based on the foregoing, and all the files, records, and proceedings herein, Best Buy's Motion to Enforce Settlement and Injunction [Docket No. 132] is
1. State Farm shall dismiss with prejudice its claims in subrogation against Best Buy, before the 19
2. Kenneth Jackson and State Farm Shall be
3. Best Buy shall provide a copy of this Order to counsel for State Farm Fire and Casualty Company.
4. The Court shall retain jurisdiction for the enforcement of the terms of this Order.
5. The Clerk of Court is respectfully directed to mail a copy of this Order to the 19