Aram Terteryan v. Nissan Motor Acceptance Corporation, No. 2:2016cv02029 - Document 147 (C.D. Cal. 2022)

Court Description: FINAL JUDGMENT by Judge George H. Wu. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This judgment applies to and binds the named plaintiffs, AramTerteryan, Tatyana Davtyan and Marine Davtyan, the defendant Nissan Motor Acceptance Company LLC, formerly known and sued as Nissan Motor Acceptance Corporation ("NMAC"), and the certified plaintiff settlement class. This action is dismissed with prejudice. However, the Court retains jurisdiction to interpret, implement, enforce, and resolve disputes regarding the Settlement Agreement and the Claims Administrator's distribution of funds pursuant to that Agreement. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Aram Terteryan v. Nissan Motor Acceptance Corporation Doc. 147 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 ARAM TERTERYAN, TATYANA DAVTYAN, and MARINE 12 DAVTYAN, individually and on behalf all others similarly situated, 13 Plaintiff, 14 vs. 15 NISSAN MOTOR ACCEPTANCE 16 CORPORATION, Case No. CV 16-2029-GW-KSx Hon. George H. Wu Crtrm 9D – 1st Street FINAL JUDGMENT Action filed: Trial Date: March 24, 2016 None Set Defendant. 17 18 19 On August 29, 2022, this Court entered its Order finally approving the class 20 action settlement of this case. (Dkt. 145.) Based on that Order, and good cause 21 appearing, 22 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that 23 1. This judgment applies to and binds the named plaintiffs, Aram 24 Terteryan, Tatyana Davtyan and Marine Davtyan, the defendant Nissan Motor 25 Acceptance Company LLC, formerly known and sued as Nissan Motor Acceptance 26 Corporation (“NMAC”), and the certified plaintiff settlement class defined as: 27 28 a. all persons in the United States to whose cellular telephones NMAC placed one or more non-emergency Calls b. using equipment that constitutes or may constitute an 06888.0238/16229581.1 [Proposed] Final Judgment Dockets.Justia.com automatic telephone dialing system or an artificial or prerecorded voice c. during the Class Period and d. who were not a party to any agreement with NMAC. 1 2 3 NMAC, any affiliate or subsidiary of NMAC, any entities in which any of 4 such companies have a controlling interest, the staff of the Court, and counsel in this 5 case are excluded from the class. 6 2. The terms of the Settlement Agreement and Release (“Settlement 7 Agreement”; Dkt. 109-1) are approved and incorporated into this judgment by this 8 reference. 9 3. Each named plaintiff and each class member is bound by the terms of 10 sections 2.32, 13.01-13.03 and 13.05 of the Settlement Agreement which provide” 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.32 “Released Parties” means NMAC and each of its respective past, present and future parents, subsidiaries, affiliated companies and corporations, and each of their respective past, present, and future directors, officers, managers, employees, general partners, limited partners, principals, insurers, reinsurers, shareholders, attorneys, advisors, representatives, predecessors, successors, divisions, assigns, or related entities, and each of their respective executors, successors, and legal representatives. “Released Parties” specifically includes all corporate affiliates of NMAC and all entities with which NMAC contracts to obtain representatives to place calls. 13.01 Released Claims. Plaintiffs and each Settlement Class Member, as well as their respective assigns, executors, administrators, successors and agents, hereby release, resolve, relinquish and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from the Released Claims. The release does not apply to members of the Class who timely opt-out of the Settlement. 13.02 Released Claims. “Released Claims” mean any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, 06888.0238/16229581.1 2 [Proposed] Judgment contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate to the Released Parties’ use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members during the Class Period. Nothing in the Settlement shall be construed as a waiver of Settlement Class Members’ rights to contact, in any way or for any purpose, any state or federal agency regarding the activities of any party. 1 2 3 4 5 6 7 8 13.03 Waiver of Unknown Claims. Without limiting the foregoing, the Released Claims specifically extend to claims that Plaintiffs do not know or suspect to exist in their favor at the time that the Settlement and the releases contained therein become effective. This Section constitutes a waiver, without limitation as to any other applicable law, of Section 1542 of the California Civil Code …. 9 10 11 12 13.05 Covenant Not To Sue. Plaintiffs agree and covenant, and each Settlement Class Member will be deemed to have agreed and covenanted, not to sue any of the Released Parties with respect to any of the Released Claims and agree to be forever barred from doing so in any court of law or equity, arbitration proceeding, or any other forum. However, nothing herein is intended to restrict any Settlement Class Member from contacting, assisting or cooperating with any government agency. 13 14 15 16 17 18 4. As the appointed the Claims Administrator in this case. The Claims 19 Administrator, KCC Class Action Services, shall distribute net settlement funds in 20 accordance with section 7.10 of the Settlement Agreement and the Final Approval 21 Order. The Claims Administrator shall pay any remaining unused funds to The 22 Samuelson Law Clinic, an experiential clinic at the University of California, 23 Berkeley School of Law as provided in section 7.10(f) of the Settlement Agreement. 24 5. As the appointed class representatives for the plaintiff settlement class 25 defined in paragraph 1 above, plaintiffs Aram Terteryan, Marine Davtyan, and 26 Tatyana Davtyan have each been awarded $10,000 which the Claims Administrator 27 shall pay to them from the settlement funds, as provided in sections 5.04 and 7.10(b) 28 of the Settlement Agreement. 06888.0238/16229581.1 3 [Proposed] Judgment 1 6. As the appointed counsel for the plaintiff settlement class defined in 2 paragraph 1 above, the law firms of Kemnitzer, Barron & Krieg, L.L.P. and 3 Lyngklip & Associates have been awarded $733,333.00 in attorney’s fees and 4 $128,927.00 in costs, which the Claims Administrator shall pay to class counsel 5 from the settlement funds, as provided in section 7.10(a) of the Settlement 6 Agreement. 7 7. This action is dismissed with prejudice. However, the Court retains 8 jurisdiction to interpret, implement, enforce, and resolve disputes regarding the 9 Settlement Agreement and the Claims Administrator’s distribution of funds pursuant 10 to that Agreement. 11 12 DATED: September 1, 2022 13 14 Hon. George H. Wu United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 06888.0238/16229581.1 4 [Proposed] Judgment
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