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Guiette v. U.S. Bank National Association

United States District Court, S.D. Ohio

August 8, 2019

VIRGINIA GUIETTE, on behalf of herself and all others similarly situated, Plaintiff,
v.
U.S. Bank National Association, Defendant.

          ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR FINAL SETTLEMENT APPROVAL AND GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES, COSTS, AND SERVICE AWARD

          TIMOTHY S. BLACK, UNITED STATES DISTRICT JUDGE

         The Court having held a Final Approval Hearing on August 7, 2019, notice of the Final Approval Hearing having been duly given in accordance with this Court's Order: (1) Conditionally Certifying a Settlement Class, (2) Preliminarily Approving Class Action Settlement, (3) Approving Notice Plan, and (4) Setting Final Approval Hearing (“Preliminary Approval Order”), and having considered all matters submitted to it at the Final Approval Hearing and otherwise, and finding no just reason for delay in Order of this dismissal and good cause appearing therefore, It is hereby ORDERED, ADJUDGED, AND DECREED as follows:

         1. The Settlement Agreement dated August 7, 2018, including its exhibits (the “Settlement Agreement”), and the definition of words and terms contained therein are incorporated by reference in this Order. The terms of this Court's Preliminary Approval Order are also incorporated by reference in this Order.

         2. This Court has jurisdiction over the subject matter of the Action and over the Parties, including all members of the following Settlement Class certified for settlement purposes in this Court's Preliminary Approval Order:

SETTLEMENT CLASS: All users or subscribers to a wireless or cellular service within the United States who used or subscribed to a phone number to which U.S. Bank National Association (“U.S. Bank”) made or initiated one or more Calls during the Class Period using any automated dialing technology or artificial or prerecorded voice technology, according to U.S. Bank's available records, and who are within Subclass One and/or Two, which are defined as follows:
Subclass One consists of persons who used or subscribed to a cellular phone number to which U.S. Bank made or initiated a Call or Calls in connection with a Residential Mortgage Loan.
Subclass Two consists of persons who used or subscribed to a cellular phone number to which U.S. Bank made or initiated a Call or Calls in connection with a Home Equity Loan.

         3. The Court hereby finds that the Settlement Agreement is the product of arm's-length settlement negotiations between the Plaintiff and U.S. Bank.

         4. The Court hereby finds and concludes that Class Notice was disseminated to members of the Settlement Class in accordance with the terms set forth in the Settlement Agreement and that Class Notice and its dissemination were in compliance with this Court's Preliminary Approval Order.

         5. The Court further finds and concludes that the Class Notice and claims submission procedures set forth in the Settlement Agreement fully satisfy Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process, were the best notice practicable under the circumstances, and support the Court's exercise of jurisdiction over the Settlement Class as contemplated in the Settlement and this Order.

         6. This Court hereby finds and concludes that the notice provided by U.S. Bank to the appropriate State and federal officials pursuant to 28 U.S.C. § 1715 fully satisfied the requirements of that statute.

         7. The Court hereby finally approves the Settlement Agreement and the Settlement contemplated thereby, and finds that the terms constitute, in all respects, a fair, reasonable, and adequate settlement as to all Settlement Class Members in accordance with Rule 23 of the Federal Rules of Civil Procedure, and directs its consummation pursuant to its terms and conditions. Each Settlement Class Member is hereby bound by the Settlement Agreement.

         8. The Court hereby finds that the Settlement Class Members have been adequately represented by the Class Representative and Class Counsel.

         9. This Court hereby dismisses, with prejudice, without costs to any party, except as expressly provided for in the ...


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