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Smith v. One Nevada Credit Union

United States District Court, D. Nevada

March 29, 2019

Joseph J. Smith, on behalf of himself and all others similarly situated, Plaintiff,
v.
One Nevada Credit Union, Defendant.

         Class Action

          FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

          Gloria M. Navarro, Chief Judge

         On October 6, 2017, after extensive arms-length negotiations, and private mediation conducted before Honorable Jackie Glass (Ret.), Plaintiff and Defendant (herein jointly referred to as the “Parties”) entered in to a Class Action Settlement Agreement (hereinafter referred to as the “Agreement”), which is subject to review under Fed.R.Civ.P. 23, for monetary damages as set forth in the Agreement.

         On December 4, 2017, the Parties filed the Agreement, along with a Joint Motion for Preliminary Approval of Class Action Settlement Agreement (hereinafter referred to as the “Preliminary Approval Motion”).

         On September 16, 2018, upon consideration of the Agreement, Preliminary Approval Motion, and the record, the Court entered an Order of Preliminary Approval of Class Action Settlement (hereinafter referred to as the “Preliminary Approval Order”). Pursuant to the Preliminary Approval Order, the Court, among other things, (i) preliminarily approved the proposed settlement; (ii) approved the Notice and instructed its mailing; and (iii) set the date and time of the Final Approval Hearing.

         On February 5, 2019, Plaintiff filed the Motion for Final Approval of Class Action Settlement (hereinafter referred to as the “Final Approval Motion”). Pursuant to their Final Approval Motion, the parties requests 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.

         NOW, THEREFORE IT IS HEREBY ORDERED:

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

         2. NOTICE AND CLAIMS PROCESS: Pursuant to the Court's Preliminary Approval Order, the Claims Administrator has complied with the approved notice process as confirmed in its declaration filed with the Court. The form and method for notifying the Settlement Class members of the settlement and its terms and conditions was in conformity with this Court's Preliminary Approval Order and satisfied the requirements of Fed.R.Civ.P. 23(c)(2)(B) and due process, and constituted the best notice practicable under the circumstances. The Court finds that the notice process was clearly designed to advise the Settlement Class members of their rights. Further, the Court finds that the claim process set forth in the Agreement was followed and that the process was the best practicable procedure under the circumstances.

         3. FINAL CLASS CERTIFICATION: The Court again finds that the Lawsuit satisfies the applicable prerequisites for class action treatment under Fed.R.Civ.P. 23, namely:

A. The Settlement Class members are so numerous that joinder of all of them in the Lawsuit would be impracticable;
B. There are questions of law and fact common to the Settlement Class members, which predominate over any ...

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