THOMAS S. ZILLY, District Judge.
THIS MATTER comes before the Court on the parties' joint motion for final approval of class action settlement, docket no. 31, plaintiff's unopposed motion for an incentive award, attorney's fees, and costs, docket no. 32, and a stipulated motion to seal, docket no. 37. Having considered all papers filed in connection with the pending motions,
On December 28, 2015, the Court certified for settlement purposes a class and three subclasses, appointed plaintiff Jose Silva as the Class Representative, and appointed Aaron D. Radbil of Greenwald Davidson Radbil PLLC as Class Counsel. Order (docket no. 28). On February 11, 2016, the Court approved a form of notice to be sent via U.S. mail to all class members and required that defendants or their designees maintain a dedicated website from which class members could obtain a copy of such notice, an optout form, and other materials related to this litigation. Order (docket no. 30). Notices were mailed by the administrator (First Class, Inc.) on March 11, 2016, to 687 class members. Kernick Aff. at ¶ 6 (docket no. 31-1). Sixty (60) of these notices have been returned as undeliverable. Kernick Supp. Aff. at ¶ 5 & Ex. B (docket no. 35). The required website has been "live" since March 8, 2016, and has received 577 "visits" as of June 15, 2016.
Pursuant to 28 U.S.C. § 1715(b), counsel for defendants sent to the United States Attorney General and the State of Washington's Department of Licensing's Collection Agencies Board ("DOL Board") two notices, one in February 2015 and one in July 2015. Abes Decl. at ¶¶ 5-9 & 12-13 (docket no. 34). Attached to each notice was a copy of a Settlement Agreement that the Court declined to approve.
Three (3) individuals have requested exclusion from the class and the settlement of this matter: Michael Robert Gerlach of Arlington; Lloyd Kenneth Brauner of Loon Lake; and Amy Elyse of Seattle. Radbil Decl. at ¶ 18 & Ex. A (docket no. 32-1). Accordingly, this Order and Judgment shall not bind or affect those three (3) individuals. Of the sixty (60) class members to whom notice was not delivered, fifty-three (53) are members of the Additional Damages Paid-As-Set-Off Subclass. Andres Decl. at ¶ 3 (docket no. 38). The remaining seven (7) class members are members of the Additional Damages Paid-As-Cash Subclass.
In light of the foregoing information, the Court ORDERS as follows:
1. The parties' stipulated motion to seal, docket no. 37, is GRANTED. Exhibits A, B, and C to the Declaration of Elizabeth Andres, docket no. 39, which contain the names, last-known addresses, and other identifiers of certain class and subclass members, shall remain under seal.
2. The parties' joint motion for final approval of class action settlement, docket no. 31, is GRANTED. The Court is satisfied that class members received the "best notice that is practicable under the circumstances."
3. Within thirty (30) days of the Finality Date,
4. With respect to the seven (7) members of the Additional Damages Paid-in-Cash Subclass for whom current contact information is unavailable, within thirty (30) days of the Finality Date, defendants shall deposit the sums owed to such individuals, the aggregate balance of which is $875, into the Registry of the Court. In addition, if any payments required by Paragraph 3, above, are returned as undeliverable, defendants shall, within thirty (30) days thereafter, deposit the equivalent funds into the Registry of the Court. The amounts described in this paragraph shall remain in the Registry of the Court for two years after the Finality Date. During this period, defendants shall post on any web pages or social media sites that they maintain, and on the dedicated website for this litigation, a list of persons entitled to payment from the Registry of the Court and a description of the following process for obtaining such funds. An individual may seek his or her share of the principle balance held in the Registry of the Court by contacting Class Counsel Aaron D. Radbil of Greenwald Davidson Radbil PLLC, who shall confirm with defendants that such person is entitled to a portion of the funds in the Registry of the Court and who shall promptly make application for an order of disbursement pursuant to Local Civil Rule 67(b). Such individual must provide his or her social security number to Class Counsel, so that it may be telephonically provided to the Clerk.
5. The claims of each member of the Class that were or could have been asserted in this action are hereby DISMISSED with prejudice, provided that:
6. Plaintiff's unopposed motion for an incentive award, attorney's fees, and costs, docket no. 32, is GRANTED. Class Representative Jose Silva is AWARDED $1,000 in additional damages and $2,500 as an incentive fee, for a total of $3,500, which is a fair and reasonable amount to compensate him for the time, effort, and risk he undertook in service to the Class. Class Counsel Aaron D. Radbil of Greenwald Davidson Radbil PLLC is AWARDED $45,000 in attorney's fees and costs, which is a fair and reasonable amount in light of the work that he and others in his firm performed, the results achieved in this litigation, and the purposes of the Fair Debt Collection Practices Act, pursuant to which this action was brought. Defendants shall make the payments described in this paragraph to Class Representative Jose Silva and Class Counsel Aaron D. Radbil, respectively, within ten (10) days of the Finality Date.
7. Judgment is hereby ENTERED for purposes of Federal Rules of Civil Procedure 58 and 79, and the time period for filing any notice of appeal shall commence on the date of entry of this Order and Judgment. Without affecting the finality of this Order and Judgment, the Court retains continuing and exclusive jurisdiction over the interpretation, consummation, and enforcement of the Settlement Agreement, distribution of payments required therein, and disposition of all funds deposited into the Registry of the Court. The Clerk is DIRECTED to send a copy of this Order and Judgment to all counsel of record and to CLOSE this case.
IT IS SO ORDERED.