Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 1 of 6 PAGEID #: 812 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

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1 Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 1 of 6 PAGEID #: 812 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL R. PETERS, v. Plaintiff, Case No. 2:13-cv-767 Magistrate Judge Chelsey M. Vascura CREDIT PROTECTION ASSOCIATION, L.P., Defendant. ORDER GRANTING FINAL APPROVAL OF CLASS SETTLEMENT AND AWARDING ATTORNEYS FEES The parties to this litigation have entered into a Class Settlement Agreement ( Settlement Agreement ). Plaintiff Michael Peters and the Settlement Class were granted preliminary approval of the settlement, which Defendant Consumer Protection Association, L.P. ( CPA ) supports. Since that time, the parties and settlement administrator have followed the terms of this Court s Preliminary Approval Order. Their efforts are reflected both on the docket and within the text of the motion seeking final approval. Having read and considered the Settlement Agreement and its Exhibits along with the arguments in support of final approval, the Court hereby finds that there is a sufficient basis for: 1) granting final approval of the settlement; 2) certifying the proposed Settlement Class for settlement purposes, pursuant to Fed. R. Civ. P. 23(b)(3); 3) appointing Class Counsel for the Settlement Class; 4) directing that the settlement proceeds be distributed to the Settlement Class members; 5) ordering payment to Plaintiff for his incentive award in the amount of $2,500.00; 6) ordering payment to Epiq in the amount of $53,250 for settlement administration; and 7) granting Class Counsel s request for an attorney s fees and costs award totaling $100,

2 Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 2 of 6 PAGEID #: 813 The Court hereby GRANTS the motion for final approval (ECF No. 90) and makes the following findings and orders: A. Certification of the Settlement Class The Court certifies the following Settlement Class, pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure: All persons with a cellular telephone number in Ohio area codes who were called for a non-emergency purpose by Credit Protection Association, L.P. ( CPA ) using an automatic telephone dialing system, an artificial voice, and/or a prerecorded voice at any time between August 1, 2009, and May 31, Excluded from the Settlement Class are (1) CPA and its employees; (2) any entity that is a subsidiary of or is controlled by CPA and its employees; (3) Class Counsel and their employees; and (4) any judge to whom this case is assigned, his or her immediate family, and members of the judge s staff. The Court appoints Kendra L. Carpenter of the law firm Freytag Carpenter LLC, and Mark H. Troutman, Shawn K. Judge, and Gregory M. Travalio of Isaac Wiles Burkholder and Teetor, LLC, to serve as Class Counsel. The Court finds that the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Joinder of all members of the Settlement Class in a single proceeding would be impractical, if not impossible, because of their numbers and dispersion the Settlement Class includes individuals with Ohio area codes that either live across the state or are dispersed across the country either at the time of the calls or since that time. Common issues exist among members of the Settlement Class. More specifically, all individuals in the Settlement Class received one or more allegedly improper telephone calls to their cellular phones by an automatic telephone dialing system ( ATDS ) without their consent. Plaintiff s claims are typical of those of the Settlement Class because he received a telephone call made by an ATDS to his cellular phone from CPA without having first given his consent. CPA has a list of all telephone numbers that received such calls, and the parties have taken measures with Epiq to track the telephone 2

3 Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 3 of 6 PAGEID #: 814 numbers to find likely names and addresses for members of the Settlement Class. Plaintiff and his counsel have fairly and adequately protected the interests of the Settlement Class. They have no interests adverse or antagonistic to those of the Settlement Class. Moreover, Class Counsel is experienced and competent to prosecute this matter on behalf of the Settlement Class. Finally, the settlement may be certified under Rule 23(b)(3) because the Court finds that questions of law and fact common to class members predominate and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. In reaching this conclusion on Rule 23(b)(3), the Court has weighed the factors set forth in Rule 23(b)(3)(A D). In doing so, the Court hereby finds that these pertinent matters further support certification of a Settlement Class under Rule 23(b)(3). B. Further Orders of the Court on Final Approval The Court finds that reasonable and adequate notice was disseminated to the Settlement Class based upon the measures described in the preliminary approval motion. Further, it is hereby ORDERED, ADJUDGED, and DECREED that: 1) This Order incorporates by reference all the terms in the parties Settlement Agreement. 2) The Court has jurisdiction over the parties and the subject matter of this case, including all matters necessary to effectuate the Settlement Agreement. 3) The Court finds that the Settlement set forth in the parties Settlement Agreement is fair, reasonable, and adequate as to each of the Parties and hereby finally approves the Settlement in all respects, finds that the settlement set forth in the Settlement Agreement provides substantial benefits to Plaintiff and the Settlement Class, and orders the parties to perform to the extent that they have not already done so. 3

4 Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 4 of 6 PAGEID #: 815 4) This lawsuit and all claims contained therein are hereby ordered as compromised, settled, released, discharged, and dismissed on the merits and with prejudice by virtue of the proceedings in this lawsuit and this Order. The parties are each to bear their own costs, except as otherwise provided in the Settlement Agreement. 5) Upon the Effective Date, Plaintiffs shall be deemed to have, and by operation of the Order shall have, fully, finally, and forever released, relinquished, and discharged CPA from all claims. Plaintiffs shall be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of any state, federal or foreign law or principle of common law, which may have the effect of limiting the foregoing release. This release includes a release of Unknown Claims for the Settlement Class members against CPA. 6) Upon the Effective Date, CPA shall be deemed to have, and by operation of the Order shall have, fully, finally, and forever released, relinquished, and discharged Plaintiffs, and Plaintiffs Counsel from all claims, sanctions, actions, liabilities, or damages (including Unknown Claims) arising out of, relating to, or in connection with the institution, prosecution, assertion, settlement, or resolution of the lawsuit or the claims brought within it. 7) The Court finds that Notice of the Settlement has been given to the Settlement Class members pursuant to and in the manner directed in the Preliminary Approval Order; that proofs of compliance with the notice procedures set forth in the Preliminary Approval Order were filed with the Court on September 11, 2018 (ECF No. 89); and that a full opportunity to be heard has been offered to all parties to the lawsuit and Settlement Class members. The form and manner of the Notice provided is hereby 4

5 Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 5 of 6 PAGEID #: 816 confirmed to fully satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process, and it is further determined that Plaintiff and all Settlement Class members are bound by this Order. 8) Plaintiffs Counsel are hereby awarded attorney s fees and expenses in the amount of $100,000.00, an amount the Court finds to be fair and reasonable and which shall be paid to Lead Counsel in accordance with the terms of the Settlement Agreement. This conclusion was reached after reviewing Plaintiffs counsel s fee petition. The Court need not undertake a full lodestar analysis because the total amount of the requested fees is justified based on the length and complexity of the litigation and represents only a fraction of class counsel s hourly rates. 9) The Court finds that during the course of the lawsuit, Plaintiff, CPA, and their counsel at all times complied with Rule 11 of the Federal Rules of Civil Procedure and all similar rules and laws. 10) The provisions contained in the Settlement Agreement (including any exhibits attached hereto) shall not be deemed a presumption, concession, or admission by either Plaintiff or CPA of any fault, liability, or wrongdoing, or the presence or lack of merit as to any facts or claims alleged or asserted in the lawsuit or in any other action or proceeding, and shall not be interpreted, construed, deemed, invoked, offered, or received into evidence or otherwise used by any person in the Action or in any other action or proceeding, whether civil, criminal, or administrative, except in connection with any proceeding to enforce the terms of the Settlement. CPA may file the Settlement Agreement and/or this Order in any action that may be brought against them in order to support a defense or counterclaim based on principles of res judicata, collateral 5

6 Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 6 of 6 PAGEID #: 817 estoppel, full faith and credit, release, good faith settlement, judgment bar or reduction or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim. 11) Without affecting the finality of this Order in any way, the Court hereby retains continuing jurisdiction over: (a) implementation of the Settlement Agreement and its terms; and (b) Plaintiff and CPA for the purpose of construing, enforcing, and administering the terms of the Settlement Agreement, including, if necessary, setting aside and vacating this Order, on motion of a Party, to the extent consistent with and in accordance with the Settlement Agreement if the Effective Date fails to occur in accordance with the Stipulation. 12) This case is DISMISSED WITH PREJUDICE pursuant to the terms of the Settlement Agreement. The Clerk is DIRECTED to enter final judgment accordingly. IT IS SO ORDERED. /s/ Chelsey M. Vascura CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE 6

Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 1 of 9 PAGEID #: 606 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 1 of 9 PAGEID #: 606 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 2:13-cv-00767-CMV Doc #: 86 Filed: 07/13/18 Page: 1 of 9 PAGEID #: 606 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL R. PETERS, Plaintiff, v. Case No. 2:13-cv-767