Filed: Dec. 11, 2018
Latest Update: Dec. 11, 2018
Summary: CLASS ACTION ORDER APPROVING PLAN OF ALLOCATION MICHAEL J. DAVIS , District Judge . This matter having come before the Court on December 11, 2018, on Class Representatives' motion for approval of the Plan of Allocation in the above-captioned action; the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Order incorporates by reference the definitions in the Stipul
Summary: CLASS ACTION ORDER APPROVING PLAN OF ALLOCATION MICHAEL J. DAVIS , District Judge . This matter having come before the Court on December 11, 2018, on Class Representatives' motion for approval of the Plan of Allocation in the above-captioned action; the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Order incorporates by reference the definitions in the Stipula..
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CLASS ACTION
ORDER APPROVING PLAN OF ALLOCATION
MICHAEL J. DAVIS, District Judge.
This matter having come before the Court on December 11, 2018, on Class Representatives' motion for approval of the Plan of Allocation in the above-captioned action; the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. This Order incorporates by reference the definitions in the Stipulation of Settlement dated July 17, 2018 (the "Stipulation"), and all capitalized terms used, but not defined herein, shall have the same meanings as set forth in the Stipulation.
2. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all persons who are Class Members who could be identified with reasonable effort, advising them of the Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to all persons and entities who are Class Members to be heard with respect to the Plan of Allocation.
3. The Court finds and concludes that the formula for the calculation of the claims of Authorized Claimants which is set forth in the Notice of Proposed Settlement of Class Action (the "Notice") sent to Class Members, provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established by the Stipulation among the Class Members, with due consideration having been given to administrative convenience and necessity. This Court finds and concludes that the Plan of Allocation, as set forth in the Notice, is, in all respects, fair and reasonable and the Court approves the Plan of Allocation.
4. The Court finds and concludes that the process set forth in Paragraph 5.10 of the Stipulation provides a fair and reasonable basis upon which to reallocate any remaining funds after the initial distribution of the Net Settlement Fund to Authorized Claimants.
5. The Court finds and concludes that the minimum distribution threshold of $10.00 as provided for in the Plan of Allocation is fair and reasonable and warranted to minimize expense and administrative costs to the Class.
6. Therefore, Class Representatives' Motion for Approval of the Plan of Allocation (ECF No. 526) is GRANTED.
