Schmidt et al v. Red Rock Financial Services, No. 2:2012cv01773 - Document 56 (D. Nev. 2014)

Court Description: FINAL JUDGMENT in favor of Adria Schmidt, James McFarlane, Michael Schmidt and against Red Rock Financial Services. Signed by Judge James C. Mahan on 7/29/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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Schmidt et al v. Red Rock Financial Services Doc. 56 Case 2:12-cv-01773-JCM-PAL Document 55 Filed 07/25/14 Page 1 of 5 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 ) CASE NO. 2:12-cv-01773-JCM-PAL ) ) Honorable James C. Mahan ) ) [PROPOSED] FINAL JUDGMENT Plaintiffs, ) ) vs. ) ) RED ROCK FINANCIAL SERVICES, LLC, a) Delaware limited liability company, ) ) Defendant. ) ) MICHAEL SCHMIDT, an individual, and ADRIA SCHMIDT, an individual, JAMES MCFARLANE, an individual, on behalf of themselves and those similarly situated; 16 IT IS HEREBY ADJUDGED AND DECREED PURSUANT TO FEDERAL RULE OF 17 18 CIVIL PROCEDURE 58 THAT: 1. 19 The settlement of this class action on the terms set forth in the Parties’ Settlement 20 Agreement and the Parties Joint Motion for Final Approval of Class Action Settlement, filed 21 with this Court on May 19, 2014 (Doc. No. 4) is finally approved, and the following class is 22 granted final certification for settlement purposes only under Fed. R. Civ. P. 23(a) and (b)(3): all 23 consumers with Nevada addresses who were sent collection letter(s) by Red Rock between 24 October 11, 2011 and the effective date of the Settlement Agreement in a form materially 25 identical or substantially similar to the letters attached to the Joint Motion for Preliminary 26 Certification of the Class and Approval of the Class Action Settlement as Exhibits “1” and/or 27 “2.” 28 /// 1 [PROPOSED] FINAL JUDGMENT CASE NO. 2:12-cv-01773-JCM-PAL NOTICE OF MOTION AND MOTION TO DISSOLVE PRELIMINARY INJUNCTION; POINTS AND Dockets.Justia.com Case 2:12-cv-01773-JCM-PAL Document 55 Filed 07/25/14 Page 2 of 5 1 2. The Court finds that only those individuals specifically listed in Exhibit “1,” 2 attached hereto, and no other member of the Class, have submitted timely and valid requests for 3 exclusion from the Class and therefore are not bound by this Final Order and accompanying 4 Final Judgment. All other members of the Class are bound by the terms and conditions of the 5 Settlement Agreement, this Final Judgment and accompanying Final Order. 6 3. The Court finds that the dissemination of the Settlement Notice and the 7 establishment of a webpage containing settlement-related materials, implemented pursuant to the 8 Settlement Agreement and this Court’s Preliminary Approval Order : 9 (i) was implemented in accordance with the Preliminary Approval Order; 10 (ii) constituted the best practicable notice to Class Members under the circumstances; 11 (iii) constituted notice that was reasonably calculated, under the circumstances, to apprise 12 Class Members (a) of the effect of the Settlement (including the Releases provided for therein), 13 (b) of Class Counsel’s motion for an award of attorneys’ fees, incentive award to the Settlement 14 Class Representatives, and reimbursement of litigation expenses, (c) of their right to object to 15 any aspect of the Settlement, (d) of their right to opt in to the Class or opt out of the class, (e) of 16 their right to appear at the Fairness Hearing, and (f) of the binding effect of the Orders and 17 Judgment in this action, whether favorable or unfavorable, on all persons who did not request 18 exclusion from the Class; 19 20 (iv) constituted due, adequate and sufficient notice to all persons entitled to receive notice of the proposed Settlement; and 21 (v) satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure. 22 4. The claims in Michael Schmidt, et al. v. Red Rock Financial Services, LLC, Case 23 No. 2:12-cv-01773-JCM-PAL (the “Action”) are dismissed on the merits and with prejudice 24 according to the terms (including the Release) set forth in the Parties’ Settlement Agreement and 25 in the Court’s Final Order Approving Class Action Settlement (the “Final Approval Order”). 26 5. The terms of the Settlement Agreement and of this Judgment shall be forever 27 binding on the Settlement Class Representatives, all other Class Members (regardless of whether 28 any individual Class Members timely submitted a Claim Form or sought or obtained a -2[PROPOSED] JUDGMENT CASE NO. 2:12-cv-01773-JCM-PAL Case 2:12-cv-01773-JCM-PAL Document 55 Filed 07/25/14 Page 3 of 5 1 distribution from the Settlement Fund) and Red Rock, as well as their respective heirs, executors, 2 administrators, predecessors, successors, affiliate and assigns. The Persons listed on Exhibit 1 3 hereto are excluded from the Class pursuant to request and are not bound by the terms of the 4 Settlement Agreement or this Judgment. 5 6. The releases as set forth in paragraph 13 of the Settlement Agreement, together 6 with the definitions contained in paragraph 2 of the Settlement Agreement relating thereto, are 7 expressly incorporated herein in all respects. Accordingly, this Court orders that: 8 9 a) Without further action by anyone, and subject to paragraph 7 below, upon the Effective Date of the Settlement, Settlement Class Representatives and each of the other Class 10 Members, on behalf of themselves, their heirs, executors, administrators, predecessors, 11 successor, affiliates and assigns, shall be deemed to have, and by operation of law and of this 12 Judgment shall have, fully, finally, and forever compromised, settled, released, resolved, 13 relinquished, waived, discharged and dismissed each and every claim against Red Rock and each 14 of its predecessors, successors, subsidiaries, parent companies, affiliates, assigns, agents, 15 directors, officers, employees, representatives, trustees, beneficiaries, attorneys, associates, 16 including but not limited to Red Rock Financial Services, LLC, First Service Residential, 17 Nevada, LLC, f/k/a RMI Management, LLC, and the other Released Parties and shall forever be 18 enjoined from prosecuting any and all of the claims against Red Rock or any of the 19 aforementioned affiliated entities. This Release shall not apply to any person listed on Exhibit 1 20 hereto. 21 b) Without further action by anyone, and subject to paragraph 7 below, upon the 22 Effective Date of the Settlement, Red Rock, on behalf of itself, its heirs, executors, 23 administrators, predecessors, successor, affiliates and assigns, shall be deemed to have, and by 24 operation of law and of this Judgment shall have, fully, finally, and forever compromised, 25 settled, released, resolved, relinquished, waived, discharged and dismissed each and every claim, 26 whether known or unknown, suspected or unsuspected, which now exist, hereinafter may exist, 27 or heretofore may have existed against the Settlement Class Representatives or the other Class 28 Members. This Release shall not apply to any Person listed in Exhibit 1 hereto. -3[PROPOSED] JUDGMENT CASE NO. 2:12-cv-01773-JCM-PAL Case 2:12-cv-01773-JCM-PAL Document 55 Filed 07/25/14 Page 4 of 5 1 7. Notwithstanding paragraph 10(a) and (b) above, nothing in this Judgment shall 2 bar any action by any of the Parties to enforce or effectuate the terms of the Settlement 3 Agreement or this Judgment. 4 8. In addition, the Court hereby grants Plaintiffs’ Motion for Attorney Fees and 5 Costs, and orders Red Rock to pay Plaintiffs and Class Counsel fifty-five thousand three hundred 6 dollars ($55,345.00) in attorney fees. The Court finds that Class Counsel’s requested fees are 7 reasonable and are based upon the actual time expended by Class Counsel in the litigation of this 8 matter. In addition, the Court Orders Red Rock to pay Plaintiffs and Class Counsel their actual 9 costs incurred this matter in the amount of six thousand four hundred eighty-three dollars and 10 twenty cents ($6,483.20) pursuant to Plaintiffs’ Bill of Costs. 11 9. Pursuant to the terms of the Parties’ Settlement Agreement and Plaintiffs’ Motion, 12 the Court also orders Red Rock to pay, in addition to the Settlement Fund described above, 13 Incentive Awards to the Settlement Class Representatives in the amounts of three thousand 14 dollars ($3,000.00) for Michael Schmidt, three thousand dollars ($3,000.00) for Adria Schmidt, 15 and four thousand five hundred dollars ($4,500.00) for James McFarlane. The Court finds that 16 these amounts are reasonable and appropriate based upon the services the Settlement Class 17 Representatives provided in litigating this matter. 18 10. There is no just reason to delay the entry of this Judgment as a final judgment in 19 this Action. Accordingly, the Clerk of the Court is expressly directed to immediately enter this 20 Final Judgment in this Action. 21 IT IS SO ORDERED, ADJUDGED AND DECREED. 22 23 24 Date: July 29, 2014 Honorable James C. Mahan United States District Judge 25 26 27 28 -4[PROPOSED] JUDGMENT CASE NO. 2:12-cv-01773-JCM-PAL Case 2:12-cv-01773-JCM-PAL Document 55 Filed 07/25/14 Page 5 of 5 1 EXHIBIT 1 2 Persons Excluded from the Class Pursuant to Request 3 4 5 6 7 1. Michael Negel Hohemsalzaer St. Munich, Germany 81929 2. Venice Bagalso 203 Ridgeview Circle Glenshaw, PA 15116 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1084789/20252052v.1 -5[PROPOSED] JUDGMENT CASE NO. 2:12-cv-01773-JCM-PAL Case 2:12-cv-01773-JCM-PAL Document 55-1 Filed 07/25/14 Page 1 of 1 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on the 25th day of July, 2014, a copy of the foregoing 3 [PROPOSED] FINAL JUDGMENET was filed electronically. Notice of this filing will be 4 sent by operation of the Court's electronic filing system to all parties indicated on the electronic 5 filing receipt. All other parties will be served by regular U.S. Mail. Parties may access this filing 6 through the Court's electronic filing system. 7 8 9 ___________________________________ An employee of Gordon & Rees LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1084789/14327341v.1 CERTIFICATE OF SERVICE CASE NO. 2:12-cv-01773-JCM-PAL