Lee v. Enterprise Leasing Company-West, LLC, No. 3:2010cv00326 - Document 144 (D. Nev. 2015)

Court Description: FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT. Signed by Judge Larry R. Hicks on 6/3/15. (Copies have been distributed pursuant to the NEF - JC)
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Lee v. Enterprise Leasing Company-West, LLC Doc. 144 Case 3:10-cv-00326-LRH-WGC Document 143 Filed 05/19/15 Page 1 of 4 1 2 3 4 5 G. David Robertson, Esq., (SBN 1001) Jonathan J. Tew, Esq. (SBN 11874) ROBERTSON, JOHNSON, MILLER & WILLIAMSON 50 West Liberty Street, Suite 600 Reno, Nevada 89501 Telephone: (775) 329-5600 Facsimile: (775) 348-8300 gdavid@nvlawyers.com jon@nvlawyers.com Attorneys for Plaintiffs 6 7 UNITED STATES DISTRICT COURT 8 IN AND FOR THE DISTRICT OF NEVADA 9 10 11 LYDIA LEE and CAROLYN BISSONETTE, individually and on behalf of all others similarly situated, Plaintiffs, 12 13 vs. 14 ENTERPRISE LEASING COMPANY-WEST, a Delaware LLC; and VANGUARD CAR RENTAL USA, LLC, a Delaware LLC, 15 16 Case No. 3:10-cv-00326-LRH-WGC (PROPOSED) FINAL JUDGMENT FINAL JUDGMENT FINAL JUDGMENT AND ORDER AND ORDER APPROVING CLASS APPROVING CLASS ACTION ACTION SETTLEMENT SETTLEMENT Defendants. 17 18 WHEREAS, by Order dated June 25, 2014, the Court certified the following Enterprise 19 and Vanguard classes (collectively, the “Class”) in the above-captioned action (the “Litigation”) 20 upon the motion of Plaintiffs, respectively: 21 22 23 24 25 All renters who were charged one or more Airport Concession Recovery Fee(s) by Enterprise for car rentals from Enterprise Rent-A-Car at the Reno-Tahoe International Airport, Las Vegas McCarran International Airport, North Las Vegas Airport, Henderson Airport and/or Elko Airport from June 3, 2004 through September 30, 2009; and All renters who were charged by Vanguard for car rentals from Vanguard, doing business as Alamo and/or National at the Reno-Tahoe International Airport and/or Las Vegas McCarran International Airport from July 22, 2007 through September 30, 2009. 26 27 28 (PROPOSED) FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT PAGE 1 Dockets.Justia.com Case 3:10-cv-00326-LRH-WGC Document 143 Filed 05/19/15 Page 2 of 4 1 WHEREAS, the Court also appointed Plaintiffs’ counsel herein as Class Counsel 2 pursuant to Fed.R.Civ.P. 23(c)(1)(b) and 23(g), finding that all of the requirements of the Rule 3 had been satisfied. 4 WHEREAS, on or about November 4, 2014, Plaintiffs, on behalf of themselves and the 5 Class, filed a motion for an order preliminarily approving the Settlement Agreement (the 6 “Agreement”) entered into by the parties to this action; 7 December WHEREAS, by Order dated November 15, 2014, this Court granted the preliminary 8 approval motion and directed the sending of Notice (the “Class Notice”) to the members of the 9 Class; and 10 WHEREAS, the Class Notice has been sent to the Class in accord with this Court’s prior 11 Order and the Court has held a final approval hearing on May 12, 2015, and has fully considered 12 all arguments in support of and opposition to the proposed settlement of this matter; 13 NOW, THEREFORE, being fully advised in the premises and good cause appearing, the 14 Court enters this Final Judgment and Order granting final approval of the Settlement, and finds 15 and orders as follows: 16 17 18 1. The Court has jurisdiction over the subject matter of this Action and all parties to this Action, including all members of the Class as defined in Section 1.5 of the Agreement. 2. The Agreement and the settlement set forth therein are found and determined to 19 be fair, reasonable, and adequate, and are hereby approved and ordered performed by all parties 20 to the Agreement. 21 3. The Court has determined that the Class Notice sent to the Class fully and 22 accurately informed the Class of all material elements of the proposed settlement and constituted 23 the best practicable notice to all members of the Class and fully meets the requirements of 24 Rule 23, FRCP, and due process. 25 4. Immediately upon entry of this Final Judgment and Order, the Second Amended 26 Complaint in this Action shall be dismissed in its entirety with prejudice. This dismissal shall be 27 without costs to any party, except as specifically provided in the Agreement and in this Court’s 28 May 15, 2015 Order. (PROPOSED) FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT PAGE 2 Case 3:10-cv-00326-LRH-WGC Document 143 Filed 05/19/15 Page 3 of 4 1 5. This Settlement Order and Judgment applies to all claims or causes of action 2 settled under the terms of the Agreement, and shall be fully binding with respect to all members 3 of the Class who did not timely and properly request exclusion. The persons who submitted 4 timely and valid requests for exclusion from the Class and who are therefore not bound by this 5 Settlement Order and Judgment are set forth in Exhibit 1 attached hereto. 6 6. This Settlement Order and Judgment is a final judgment within the meaning and 7 for purposes of Rule 54 of the Federal Rule of Civil Procedure, and is the Order provided for in 8 Section 3.3 of the Agreement. 9 7. The Court orders that the Representative Plaintiffs and all members of the Class 10 who did not properly request exclusion are barred and permanently enjoined from asserting, 11 instituting, or prosecuting, either directly or indirectly, any claims settled under the terms of the 12 Agreement, which they ever had or now have, to the full extent provided in the Agreement. 13 8. Without affecting the finality of this Settlement Order and Judgment in any way, 14 the Court retains jurisdiction over (1) the implementation and enforcement of the Agreement 15 until each and every act agreed to be performed by the parties to the Agreement shall have been 16 performed; (2) any other action necessary to conclude this Settlement and to implement the 17 Agreement; and (3) the enforcement, construction and interpretation of the Agreement. 18 9. This Settlement Order and Judgment does not constitute an expression by the 19 Court of any opinion, position or determination as to the merit or lack of merit of any of the 20 claims and/or defenses of the Representative Plaintiffs, the Plaintiff Class, or defendants. 21 Neither this Settlement Order and Judgment, the Agreement, the fact of settlement, the 22 settlement proceedings, settlement negotiations, nor any related document, shall be used or 23 construed as an admission of any fault or omission by Defendants or be offered or received in 24 evidence as an admission, concession, presumption, or inference against any Defendant for any 25 purpose whatsoever other than in such proceedings as may be necessary to consummate or 26 enforce the Agreement. 27 28 (PROPOSED) FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT PAGE 3 Case 3:10-cv-00326-LRH-WGC Document 143 Filed 05/19/15 Page 4 of 4 1 10. The Court finds that no just reason exists for delay in entering this Settlement 2 Order and Judgment. Accordingly, the Clerk is hereby directed forthwith to enter this Settlement 3 Order and Judgment pursuant to Rule 54, FRCP. 4 5 6 7 DATED this 2015 Dated: ___________,3rd day of June, 2015. __________________________________ ____________________________ __ LARRY R. HICKS United States District Court Judge UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (PROPOSED) FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT PAGE 4 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 1 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 2 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 3 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 4 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 5 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 6 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 7 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 8 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 9 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 10 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 11 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 12 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 13 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 14 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 15 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 16 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 17 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 18 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 19 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 20 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 21 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 22 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 23 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 24 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 25 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 26 of 27 Case 3:10-cv-00326-LRH-WGC Document 143-1 Filed 05/19/15 Page 27 of 27