Consumer Financial Protection Bureau et al v. RD Legal Funding LLC et al, No. 1:2017cv00890 - Document 213 (S.D.N.Y. 2022)

Court Description: STIPULATED FINAL JUDGMENT AND ORDER: 1. The Court has personal jurisdiction over the parties and subject matter jurisdiction of this action. 2. Defendants1 neither admit nor deny any allegations in the Amended Complaint. 3. The Parties waive all rights to seek judicial review or otherwise challenge or contest the validity of this Order and Defendants waive any claim they may have under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action to the da te of this Order. 4. As the Amended Complaint in this action alleges, Affected Individuals were harmed in the amount of the payments they made to Defendants in excess of the funds that they received from Defendants. 5. The Parties agree that entry of this Order is in the best interest of all Parties and agree that in order to resolve all matters in dispute arising from the conduct alleged in this action: a. Defendants, whether acting directly or indirectly, shall refrain from participating in, o r Assisting Others in participating in Victim Compensation Fund Funding, including, but not limited to, offering, brokering, or providing credit or advances of funds to individuals entitled to payments from the Zadroga Fund; and b. Defendants shall n ot take any action to collect any unpaid or future amounts owed by Affected Individuals, which totals at least $600,000.00. If Defendants sua sponte receive any such payment from an Affected Individual or on behalf of an Affected Individual, D efendants hereby agree to reject such payment if they are able, or, if they are not able to reject such payment, Defendants will promptly return the payment to the relevant Affected Individual. 6. Defendants must pay a civil money penalty of $1. 00, which will be paid within 10 days of this Order by wire transfer to the Bureau or to the Bureau's agent in compliance with the Bureau's wiring instructions. 7. All pending motions are hereby denied as moot. 8. Each party agrees to bear its own costs and expenses, including, without limitation, attorneys' fees. 9. This Order is not intended for use by any third party in any other proceeding and is not intended, and should not be construed, as an admission of liability by Defend ants. 10. The Court will retain jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. The Clerk of the Court shall mark this action closed. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 11/28/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.