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Brown v. Price

United States District Court, D. Oregon, Portland Division

October 18, 2017

Leon Brown, Kirk Clothier, Nancy Gilbert, Rollin Chew, Edwin L. Chew Family Trust, Bernard Gutow as Trustee of the Gutow Family Trust dtd 10/28/1991, all individually and on behalf of all others similarly situated, Plaintiffs,
v.
Norman Gary Price and Christina A. Price; Ronald J. Robertson and Kathryn Robertson; RP Capital, LLC; Douglas R. Bean and Megan Susanne Bean; S. Christopher Bean and Jodi J. Bean; Bean Holdings, LLC; Jonathan Bishopp and Monica Bishopp; Timothy J. Feehan, Jr. and Kimberly A. Feehan;; Strategic Capital Alternatives LLC; and SCA Holdings LLC, Defendants.

          ROBERT S. BANKS, JR., SAMUELS YOELIN KANTOR LLP CABLE, LANGENBACH, KINERK & BAUER, LLP ATTORNEYS FOR PLAINTIFFS

         AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, MOTION FOR AWARD OF ATTORNEY FEES, COSTS, AND INCENTIVE AWARDS, AND RESPONDING DEFENDANTS' REQUEST FOR PERMANENT INJUNCTION

          Honorable Marco A. Hernandez U.S. District Court Judge

         This matter came before the Court upon Plaintiffs' Motion for Final Approval of Class Settlement (Dkt. 79). The Court has heard oral argument (on October 16, 2017) and reviewed and considered the records and files herein, including the following:

         1. Stipulated Settlement Agreement (Dkt. No. 61) and Stipulated Settlement Agreement (Dkt. No. 62). Dkt. 61 and 62 are collectively referred to hereafter as the “Settlement;”

         2. Order Determining that Class Action May be Maintained (Dkt. 66);

         3. Declarations filed by settling defendants attesting to the accuracy of previously provided financial statements (Dkt. Nos. 67-78);

         4. Plaintiffs' Motion for Final Approval of Class Settlement (Dkt. 79);

         5. Co-Lead Counsels' Motion for Award of Reasonable Attorney Fees, Costs and Incentive Awards for Class Representatives and Members (Dkt. 80);

         6. Declaration of Robert S. Banks, Jr. (Dkt. 81);

         7. Declaration of Lawrence R. Cock (Dkt. 82);

         8. Declaration of Markham Sherwood (Dkt. 83);

         9. Certain Responding Defendants' Response to Plaintiffs' Motion for Final Approval of Class Settlement and Request for Permanent Injunction (Dkt. 89);

         10. Enviso Capital Group LLC's Opposition to Approval of Class Settlement (Dkt. 88);

         11. Objection of William Gilmore/Victoria Cottrell (dated September 29, 2017);

         12. Plaintiffs' Reply to Objection of Enviso Capital Group and Objection of Class Member Gilmore (Dkt. 90); and

         13. Declaration of H. Troy Romero (Dkt. 91).

         14. Pleadings related to the Court's preliminary injunction and Responding Defendants' Request for Permanent Injunction:

(a) Joint Motion of Plaintiffs and Certain Defendants For Preliminary Injunction to Enjoin Various FINRA Arbitration Cases in Order to Preserve Settlement Funds for Benefit of Larger Investment Class (Dkt. 33);
(b) Declaration of Ronald F. Greenspan In Support of Motion of Plaintiffs and Certain Defendants for Preliminary Injunction (Dkt. 34);
(c) Declaration of Nathan T. Alexander in Support of Motion for Preliminary Injunction (Dkt. 35);
(d) Declaration of Norman Gary Price in Support of Preliminary Injunction Motion (Dkt. 36);
(e) Intervenors' Opposition to Joint Motion of Plaintiffs and Certain Defendants for Preliminary Injunction to Enjoin Various FINRA Arbitration Cases in Order to Preserve Settlement Funds for Benefit of Larger Investment Class (Dkt. 53);
(f) Joint Reply in Support of Motion for Preliminary Injunction to Stay FINRA Arbitration Cases (Dkt. 56);
(g) Declaration of Lawrence R. Cock (Dkt. 57); and (h) Opinion and Order (Dkt. 60).

         The Court is fully advised and enters the following Findings, Conclusions, and Order:

         I.FINDINGS OF FACT

         1. In Docket No. 66, the Court previously entered an order determining that a class action could be maintained, certifying the class, preliminarily approving the Settlement, approving the form of the notice and setting a fairness hearing. The findings in Docket No. 66 are incorporated by reference and to the extent such findings were previously made on a preliminary basis, the Court endorses them as part of this disposition. Except for terms defined herein, the Court adopts and incorporates the ...


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