United States District Court, D. Nevada
TONYA GUNTER, individually, and on behalf of all others similarly situated, Plaintiff,
UNITED FEDERAL CREDIT UNION, DOES 1-5, inclusive, and ROE CORPORATIONS 6-10 inclusive, Defendants.
Gregory G. Gordon, State Bar No. 5334, GREGORY G. GORDON,
LTD, Richard D. McCune (State Bar No. 132124), MCCUNE WRIGHT
AREVALO LLP, THE KICK LAW FIRM, APC Taras Kick (State Bar No.
143379), Attorneys for Plaintiff Tonya Gunter and the
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT AND JUDGMENT
HONORABLE MIRANDA M. DU, UNITED STATES DISTRICT JUDGE
FINAL APPROVAL ORDER AND JUDGMENT
Court granted preliminary approval of the Settlement
Agreement and Release (“Settlement”) on February
14, 2019. Due and adequate notice having been given to the
Class Members, and the Court having considered the
Settlement, all papers filed and proceedings had herein and
all oral and written comments received regarding the
Settlement, and having reviewed the record in this
litigation, and good cause appearing, IT IS HEREBY
ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
Unless otherwise provided, all terms used herein shall have
the same meaning as provided in the Settlement.
Court has jurisdiction over the subject matter of this
litigation and over the Parties to this litigation, including
all Class Members.
Court previously found on September 25, 2017, on a contested
motion for class certification, that the Classes meet all of
the requirements for certification under the Federal Rules of
Civil Procedure and applicable case law and certified the
The “Sufficient Funds” class, which is comprised
of those members of Defendant whose accounts were on the
Miser System, and who received an overdraft fee on a
transaction which resulted in a positive ledger balance
between October 3, 2011 and September 30, 2018.
The “Regulation E” class, which is comprised of
those members of Defendant who opted in to the overdraft
program, whose accounts were on the Miser System, and who
were charged an overdraft fee on a debit transaction between
August 15, 2010 and September 30, 2018.
(Docket Entry 94)
for purposes of the proposed settlement and the release which
Defendant is to receive from this settlement and for purposes
of final approval, for the “Regulation E” class,
the release and class definition are narrowed only to include
October 3, 2011 through September 30, 2018. No. Regulation E
claims prior to October 3, 2011, are being released.
Court appoints Named Plaintiff Tonya Gunter as the Class
Court approves Richard McCune of McCune Wright Arevalo LLP
and Taras Kick of The Kick Law Firm, APC, as Class Counsel.
Court appoints Kurtzman Carson Consultants, LLC
(“KCC”) as the Claims Administrator. The Claims
Administrator shall be subject to the jurisdiction of the
Court with respect to the administration of ...