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Gunter v. United Federal Credit Union

United States District Court, D. Nevada

June 4, 2019

TONYA GUNTER, individually, and on behalf of all others similarly situated, Plaintiff,
v.
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 Certified Class

          ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT

          HONORABLE MIRANDA M. DU, UNITED STATES DISTRICT JUDGE

         [PROPOSED] FINAL APPROVAL ORDER AND JUDGMENT

         This 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:

         1. Unless otherwise provided, all terms used herein shall have the same meaning as provided in the Settlement.

         2. The Court has jurisdiction over the subject matter of this litigation and over the Parties to this litigation, including all Class Members.

         3. This 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 following classes:

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)

         However, 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.

         4. The Court appoints Named Plaintiff Tonya Gunter as the Class Representative.

         5. The Court approves Richard McCune of McCune Wright Arevalo LLP and Taras Kick of The Kick Law Firm, APC, as Class Counsel.

         6. The 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 ...


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