Opinion
Case No. 05-CV-1387 LAB (JMA).
April 10, 2006
Respectfully submitted by: ARLEO LAW FIRM, PLC, ELIZABETH J. ARLEO, Ramona, CA, Attorney for Plaintiff.
[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE
This matter came before the Court for hearing on April 10, 2006 pursuant to an Order of this Court, dated January 23, 2006, on Plaintiff's motion for final approval of the settlement set forth in the Class Action Settlement Agreement dated as of December 1, 2005 (the "Settlement Agreement"). Due and adequate notice having been given of the settlement as required in said Order, and the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefore as fully recited on the record, IT IS HEREBY ORDERED ADJUDGED AND DECREED that:
1. This Judgment incorporates by reference the definitions in the Settlement Agreement, and all terms used herein shall have the same meanings as set forth in the Settlement Agreement.
2. This Court has jurisdiction over the subject matter of the Lawsuit and over all settling parties hereto, including members of the Settlement Class.
3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court certifies a class consisting of all persons with California addresses who received: (a) the forms represented byExhibits A and B attached to the First Amended Complaint; (b) within one year prior to July 8, 2005 and continuing to the date of preliminary approval, January 23, 2006; (c) seeking to collect a debt or alleged debt owed to RMM Practice Management, Inc.; and (d) which letters were not returned by the Postal Service.
4. Members of the Settlement Class were given an opportunity to request exclusion from the Settlement Class pursuant to the "Notice of Proposed Class Action Settlement." No member elected to be excluded from the class settlement. No member has filed an objection to the settlement.
5. With respect to the Settlement Class, this Court finds for purposes of effectuating this settlement that: (a) the members of the Settlement Class are so numerous that joinder of all members in the Lawsuit is impracticable; (b) there are questions of law and fact common to the Settlement Class which predominate over any individual questions; (c) the claims of the Representative Plaintiff are typical of the claims of the Settlement Class; (d) the Class Representative and her counsel have fairly and adequately represented and protected the interests of all of the Settlement Class members; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the controversy, considering: (i) the interests of the members of the Settlement Class in individually controlling the prosecution of separate actions; (ii) the extent and nature of any litigation concerning the controversy already commenced by members of the Settlement Class; (iii) the desirability or undesirability of continuing the litigation of these claims in this particular forum; and (iv) the difficulties likely to be encountered in the management of the Lawsuit.
6. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of the settlement only, Rika Ellis is certified as the Class Representative and Elizabeth J. Arleo is certified as Class Counsel.
7. This Court hereby dismisses with prejudice the Lawsuit and all claims contained therein, including all of the released claims against the Defendant and all Doe defendants. The parties are to bear their own costs except as otherwise provided in the Settlement Agreement.
8. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves the settlement set forth in the Settlement Agreement and finds that said settlement is, in all respects, fair, reasonable and adequate to, and is in the best interests of, the Representative Plaintiff, the Settlement Class and each of the members of the Settlement Class. This Court further finds the settlement set forth in the Settlement Agreement is the result of arms's-length negotiations between experienced counsel representing the interests of the Representative Plaintiff and members of the Settlement Class and defendant. Accordingly, the settlement embodied in the Settlement Agreement is hereby approved in all respects and shall be consummated in accordance with its terms and provisions. The settling parties are hereby directed to perform the terms of the Settlement Agreement.
9. Upon the Effective Date hereof, the Representative Plaintiff and each member of the Settlement Class shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished and discharged all claims (including unknown claims) against the released persons, except claims to enforce the releases and other terms and conditions contained in the Settlement Agreement. The release is conditioned upon the performance by West Coast of its obligations toward Plaintiff and the Settlement Class Members and Class Counsel as set forth in the Settlement Agreement.
10. The Representative Plaintiff and each member of the Settlement Class are hereby forever barred and enjoined from prosecuting the released claims against the released persons.
11. The Notice of Proposed Class Action Settlement mailed to each member of the Settlement Class identified by Defendant was the best notice practicable of the matters set forth in the Settlement Agreement and said Notice fully satisfied the requirements of Federal Rule of Civil Procedure 23 and the requirements of due process.
12. Without affecting the finality of this Judgment in any way and by stipulation of the parties, the Magistrate Court retains continuing jurisdiction over: (a) implementation of this settlement and any payment to Representative Plaintiff and members of the Settlement Class, including interest earned thereon; (b) the payment of attorney's fees and reimbursement of costs, including interest earned thereon; and (c) all parties hereto for the purpose of construing, enforcing and administering the Settlement Agreement. Nothing in this Final Judgment shall preclude any action to enforce terms of the Settlement Agreement or this Final Judgment.
13. The Court finds that during the course of the Lawsuit, the settling parties and their respective counsel at all times complied with the requirements of Federal Rule of Civil Procedure 11.
14. In the event that the settlement does not become effective in accordance with the terms of the Settlement Agreement then this Judgment shall be rendered null and void to the extent provided by and in accordance with the Settlement Agreement and shall be vacated and, in such event, all orders entered and releases delivered in connection herewith shall be null and void to the extent provided by and in accordance with the Settlement Agreement.
15. Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Court directs that this Judgment be entered as final judgment.
IT IS SO ORDERED.