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Villanueva v. Liberty Acquisitions Servicing, LLC

United States District Court, D. Oregon, Portland Division

September 17, 2017

JESUS VILLANUEVA, JR., et al., Plaintiff,
v.
LIBERTY ACQUISITIONS SERVICING, LLC, et al., Defendants.

          ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL JUDGMENT

          HON. MARCO HERNANDEZ, U.S. DISTRICT COURT JUDGE.

         THIS MATTER came before the Court on Representative Plaintiff's motion for final approval of the proposed class settlement (the “Settlement”). The Court has considered all papers filed and proceedings in this matter and is fully informed regarding the facts surrounding the proposed Settlement. Based upon this information, the Court has determined to approve the proposed Settlement as fair, reasonable and adequate. The Court hereby enters this Order & Final Judgment, which constitutes a final adjudication on the merits of all claims of the Settlement Class.

         On May 8, 2017, this Court granted preliminary approval to the proposed Settlement between Representative Plaintiff and Defendants Liberty Acquisitions Servicing, LLC (“LAS”), Liberty Holdings, LLC (“Holdings”), Javlin One, LLC (“Javlin One”) and Javlin Capital, LLC (“Javlin Capital”) (Javlin One and Javlin Capital collectively, “Javlin Parties”) (LAS, Holdings and Javlin Parties collectively, “Defendants”). The proposed Settlement resolves all of the Class's claims against Defendants in exchange for LAS' agreement to pay certain amounts to eligible Class Members as set forth in the Agreement. On September 14, 2017, this Court held a fairness hearing to consider whether to grant final approval to the Settlement and to consider Class Counsel's application for an award of attorneys' fees and costs, and for payment of a Class Representative Service Award to the Representative Plaintiff (the “Fee Application”). The Court heard argument from counsel. No other individuals elected to appear to voice their support for, or objection to, the Settlement and/or the Fee Application.

         Having read, reviewed and considered the papers filed in support of and in opposition to final approval of the Settlement, including supporting declarations; oral arguments of counsel; Class Counsel's Fee Application; the Agreement; and the pleadings, it is hereby ORDERED, ADJUDGED AND DECREED that:

1. The definitions and provisions of the Settlement Agreement and Release of Claims (the “Agreement”) are incorporated in this Order as though fully set forth herein.
2. This Court has jurisdiction over the subject matter of the Agreement with respect to and over all parties to the Agreement, including Representative Plaintiff and all members of the Class.
3. The Court approves the Settlement and finds the Settlement is, in all respects, fair, reasonable, and adequate to the Class, within the authority of the parties, and the result of extensive arm's length negotiations with the guidance of an experienced mediator.
4. This Court confirms the Class, as defined in the Court's Order Granting Class Certification and as described in the Settlement Agreement, has been appropriately identified by the parties .
5. Certain members of the Class have timely requested to be excluded from the Class and the Settlement. Exhibit A, attached hereto, lists the Class Members who timely requested exclusion from the Class. Accordingly, this Order shall not bind or affect Class Members listed on Exhibit A.
6. The Court hereby grants final approval to the Settlement and finds that it is fair, reasonable, and adequate, and in the best interests of the Class as a whole. The Court has considered and hereby overrules all objections brought to the Court's attention, whether properly filed or not.
7. Neither the Final Judgment nor the Agreement is an admission or concession by Defendants of the validity of any claims or of any liability or wrongdoing or of any violation of law. This Final Judgment and the Agreement do not constitute a concession and shall not be used as an admission or indication of any wrongdoing, fault or omission by Defendants or any other person in connection with any transaction, event or occurrence, and neither this Final Judgment nor the Agreement nor any related documents in this proceeding, nor any reports or accounts thereof, shall be offered or received in evidence in any civil, criminal, or administrative action or proceeding, other than such proceedings as may be necessary to consummate or enforce this Final Judgment, the Agreement, and all releases given thereunder, or to establish the affirmative defenses of res judicata or collateral estoppel barring the pursuit of claims released in the Agreement.
8. This Court hereby orders that the Settlement is in full settlement, compromise, release, and discharge of the claims in this case, and Representative Plaintiff, as the representative of the Plaintiff Class, and on behalf of each Class Member who has not timely opted out and each of their respective agents, successors, heirs, assigns, and any other person who can claim by or through them in any manner, shall have fully, finally and forever irrevocably released, relinquished, and forever discharged with prejudice all Released Claims (as defined in section 1.11 of the Settlement Agreement) against the Released Parties (as defined in section 1.12 of the Settlement Agreement) and those Class Members are barred from bringing claims within the scope of the Released Claims (as defined in section 1.11 of the Settlement Agreement) against the Released Parties (as defined in section 1.11 of the Settlement Agreement); and, further, that the Representative Plaintiff, for himself and on behalf of his respective agents, successors, heirs, assigns, and any other person who can claim by or through him in any manner, shall have fully, finally and forever irrevocably released, relinquished and forever discharged with prejudice all Released Claims within the scope of section 1.11 of the Settlement Agreement.
9. Defendants have no further or other liability or obligation to any member of the Class with respect to the claims brought by Plaintiff and the Class in this action, except as expressly provided for in the Settlement Agreement.
10. Representative Plaintiff, for himself and as the representatives of the Class, and on behalf of each Class Member who has not timely opted out and each of their respective agents, successors, heirs, assigns, and any other person who can claim by or through them in any manner, fully, finally, and forever irrevocably release, relinquish, and ...

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