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Trujillo v. Machol & Johanness, LLC

United States District Court, D. Colorado

December 22, 2015

ALFRED TRUJILLO, on behalf of himself and others similarly situated, Plaintiffs,
v.
MACHOL & JOHANNES, LLC, Defendant.

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT AND GRANTING AWARD OF ATTORNEYS’ FEES AND COSTS

Michael E. Hegarty, United States Magistrate Judge.

On December 21, 2015, the Court held a Final Fairness Hearing on the proposed class action settlement in the above-captioned case. In September 2015, after arms-length negotiations, Plaintiff and Defendant entered into a Class Action Settlement Agreement (“Agreement”), which is subject to review under FED. R. CIV. P. 23.

On September 2, 2015, the Parties filed the Agreement, together with their Joint Motion for Conditional Certification and Preliminary Approval of Class Action Settlement Agreement (“Preliminary Approval Motion”). On or about September 12, 2015, within ten days of filing the proposed settlement with the Court, Defendant complied with the requirements of 28 U.S.C. § 1715. On September 8, 2015, the Court heard the Parties’ Preliminary Approval Motion.

On September 9, 2015, upon consideration of the Parties’ Preliminary Approval Motion and the record, the Court entered an Order Conditionally Certifying Class and Granting Preliminary Approval of Settlement (“Preliminary Approval Order”) [see docket #40]. Pursuant to the Preliminary Approval Order, the Court, among other things, (i) preliminarily certified (for settlement purposes only) a class of Plaintiffs (“Class Members”) with respect to the claims asserted in the Lawsuit; (ii) preliminarily approved the proposed settlement; (iii) appointed Plaintiff Alfred Trujillo as the Class Representative; (iv) appointed Ahson B. Wali and Robert W. Murphy as Class Counsel for the Class Members; and (v) set the date and time of the Final Fairness Hearing.

On December 9, 2015, the Parties filed their Motion for Final Approval of Class Action Settlement (“Final Approval Motion”). On December 21, 2015, a Final Fairness Hearing was held pursuant to FED. R. CIV. P. 23 to determine whether the Lawsuit satisfies the applicable prerequisites for class action treatment and whether the proposed settlement is fundamentally fair, reasonable, adequate, and in the best interest of the Class Members and, thus, should be fully and finally approved by the Court. The Parties have requested final certification of the Settlement Class pursuant to Fed.R.Civ.P. 23(b)(3) and final approval of the proposed class action settlement.

The Court has read and considered the Agreement, Final Approval Motion, and the record. All capitalized terms used herein have the meanings defined herein and/or in the Agreement [see docket #34-1].

NOW, THEREFORE, IT IS HEREBY ORDERED:

1. The Court has jurisdiction over the subject matter of the Lawsuit and over all settling parties hereto.

2. CLASS MEMBERS. Pursuant to Fed.R.Civ.P. 23(b)(3), the Lawsuit is hereby finally certified as a class action on behalf of all individuals:

(a) against whom Defendant filed a lawsuit in the state courts of Colorado;
(b) regarding a non-negotiable credit agreement for less than $100, 000.00 that was governed by the laws of the State of Ohio;
(c) in which the suit sought to recover attorney’s fees.

3. The following persons, assuming that they otherwise meet the class definition, are excluded ...


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