Daley et al v. Greystar Management Services LP, No. 2:2018cv00381 - Document 149 (E.D. Wash. 2022)
Court Description: SETTLEMENT ORDER AND FINAL JUDGMENT; granting 137 Plaintiffs' Motion for Attorney Fees; granting 144 Plaintiffs' Unopposed Motion for Final Approval of Class Settlement. Case is closed. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)
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Daley et al v. Greystar Management Services LP Case 2:18-cv-00381-SMJ ECF No. 149 Doc. 149 filed 02/01/22 PageID.1634 Page 1 of 10 1 FI LED I N THE U.S. DI STRI CT COURT EASTERN DI STRI CT OF WASHI NGTON 2 Feb 01, 2022 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 5 6 7 RYAN DALEY, an individual, each on behalf of himself and all others similarly situated, and ISAAK CURRY, an individual on behalf of himself and all others similarly situated, v. 9 11 12 SETTLEMENT ORDER AND FINAL JUDGMENT Plaintiffs, 8 10 No. 2:18-cv-00381-SMJ GREYSTAR MANAGEMENT SERVICES LP, a Delaware corporation, GREYSTAR REAL ESTATE PARTNERS LLC, and GREYSTAR RS WEST LLC, a Delaware limited liability company, 13 Defendants. 14 15 Before the Court are Plaintiffs’ Motion for Award of Attorneys’ Fees, Costs, 16 and Service Award, ECF No. 137, and Plaintiffs’ Unopposed Motion for Final 17 Approval of Class Settlement, ECF No. 144. The Court heard oral argument from 18 the parties on January 11, 2022 and granted the motions. This Order memorializes 19 and supplements the Court’s oral rulings. 20 // SETTLEMENT ORDER AND FINAL JUDGMENT – 1 Dockets.Justia.com Case 2:18-cv-00381-SMJ ECF No. 149 filed 02/01/22 PageID.1635 Page 2 of 10 1 On July 8, 2021, the Court granted preliminary approval to the proposed 2 Settlement between Representative Plaintiffs and Defendants. ECF No. 130. The 3 proposed Settlement resolves all the Settlement Class’ claims against Defendants 4 in exchange for Defendants’ agreement to provide certain monetary relief to 5 Settlement Class Members as set forth in the Agreement. ECF No. 129. 6 On January 11, 2022, the Court held a Settlement Hearing to consider 7 whether to grant final approval to the proposed Settlement and to consider Class 8 Counsel’s and Plaintiffs’ Motion for Award of Attorney’s Fees, Costs, and Service 9 Award to the Representative Plaintiffs (“Fee Application”). ECF No. 148. The 10 Court heard argument from the parties’ counsel and invited others who elected to 11 appear to voice their support for, or objection to, the Settlement and/or the Fee 12 Application. Though no objectors appeared at the hearing, the Court did receive two 13 written objections. ECF Nos. 142–43. The first was based on the mistaken belief 14 that the class member would have to pay Defendant. ECF No. 142. After 15 clarification, the class member indicated she no longer wished to pursue her 16 objection. See ECF No. 144 at 18. The other objection, ECF No. 143, primarily 17 concerned the process and form of the class notice given, but the Court overrules 18 the objection, finding that it does little to undermine the notice process or the 19 proposed Settlement. Counsel for Defendants and Plaintiffs both appeared and 20 argued in support of final approval. SETTLEMENT ORDER AND FINAL JUDGMENT – 2 Case 2:18-cv-00381-SMJ ECF No. 149 filed 02/01/22 PageID.1636 Page 3 of 10 1 Having considered the papers filed in support of and in opposition to final 2 approval of the Settlement, including supporting declarations; oral arguments of 3 counsel; Class Counsel’s Fee Application; the Agreement; and the pleadings, the 4 Court GRANTS Plaintiffs’ Motion for Award of Attorneys’ Fees, Costs, and 5 Service Award, ECF No. 137, and Plaintiffs’ Unopposed Motion for Final 6 Approval of Class Settlement, ECF No. 144. Moreover, the Court finds and 7 concludes as follows: 8 9 10 11 1. Definitions. The definitions and provisions of the Settlement Agreement and Release of Claims (the “Agreement”), ECF No. 129-1, Ex. 1, are incorporated in this Final Judgment as though fully set forth herein. 2. Jurisdiction. The Court has jurisdiction over the subject matter of the 12 Agreement with respect to and over all parties to the Agreement, including 13 Representative Plaintiffs and all members of the Settlement Class. 14 3. Settlement Approval. The Court hereby GRANTS FINAL 15 APPROVAL to the Settlement and finds the Settlement is, in all respects, fair, 16 reasonable, and adequate, and in the best interests of the Settlement Class. The 17 Court finds the Settlement is within the authority of the parties and the result of 18 extensive arm’s length negotiations between the parties and their counsel. 19 20 4. Exclusion from Settlement Class. Certain members of the Settlement Class have timely requested to be excluded from the Class and the Settlement. See SETTLEMENT ORDER AND FINAL JUDGMENT – 3 Case 2:18-cv-00381-SMJ ECF No. 149 filed 02/01/22 PageID.1637 Page 4 of 10 1 ECF No. 146-3. Accordingly, this Final Judgment shall not bind or affect Settlement 2 Class Members listed on ECF No. 146-3. 3 4 5 5. Objections Overruled. The Court has considered and hereby overrules all objections brought to the Court’s attention, whether properly filed or not. 6. No Admission. Neither this Final Judgment nor the Agreement is an 6 admission or concession by Defendants of the validity of any claims or of any 7 liability or wrongdoing or of any violation of law. This Final Judgment and the 8 Agreement do not constitute a concession and shall not be used as an admission or 9 indication of any wrongdoing, fault, or omission by Defendants or any other person 10 in connection with any transaction, event, or occurrence, and neither this Final 11 Judgment nor the Agreement nor any related documents in this proceeding, nor any 12 reports or accounts thereof, shall be offered or received in evidence in any civil, 13 criminal, or administrative action or proceeding, other than such proceedings as 14 may be necessary to consummate or enforce this Final Judgment, the Agreement, 15 and all releases given thereunder, or to establish the affirmative defenses of res 16 judicata or collateral estoppel barring the pursuit of claims released in the 17 Agreement. 18 7. Dismissal with Prejudice. This Court hereby DISMISSES WITH 19 PREJUDICE all claims of members of the Settlement Class against Defendants 20 arising from or relating to any violations of RCW 59.18.257, including any SETTLEMENT ORDER AND FINAL JUDGMENT – 4 Case 2:18-cv-00381-SMJ ECF No. 149 filed 02/01/22 PageID.1638 Page 5 of 10 1 associated common law actions, that were or could have been brought in this 2 Action. 3 8. Release. Representative Plaintiffs, for themselves and as the 4 representatives of the Settlement Class, and on behalf of each Settlement Class 5 Member who has not timely opted out and each of their respective agents, 6 successors, heirs, assigns, and any other person who can claim by or through them 7 in any manner, fully, finally, and forever irrevocably release, relinquish, and forever 8 discharge with prejudice all Released Claims against the Released Parties. 9 9. Injunction Against Asserting Released Claims. Representative 10 Plaintiffs, all Settlement Class Members, and any person or entity allegedly acting 11 on behalf of Settlement Class Members, either directly, representatively or in any 12 other capacity, are permanently enjoined from commencing or prosecuting against 13 the Released Parties any action or proceeding in any court or tribunal asserting any 14 of the Released Claims, provided, however, that this injunction shall not apply to 15 individual claims of any Settlement Class Members listed on ECF No. 146-3 who 16 timely requested exclusion from the Settlement Class. This injunction is necessary 17 to protect and effectuate the settlement, this Order, and the Court’s flexibility and 18 authority to effectuate this settlement and to enter judgment when appropriate and 19 is ordered in aid of the Court’s jurisdiction and to protect its judgments pursuant to 20 28 U.S.C. § 1651(a). SETTLEMENT ORDER AND FINAL JUDGMENT – 5 Case 2:18-cv-00381-SMJ 1 // 2 // 3 10. ECF No. 149 filed 02/01/22 PageID.1639 Page 6 of 10 General Release Acknowledgement. By operation of this Final 4 Judgment, the Representative Plaintiffs and Defendants expressly waive, and each 5 Settlement Class Member is deemed to have waived, any and all claims, rights, or 6 benefits they may have under California Civil Code § 1542 and any similar federal 7 or state law, right, rule, or legal principle that may apply. California Civil Code 8 § 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 9 10 11 12 11. Class Notice. The Settlement Administrator completed the delivery of 13 Class Notice according to the terms of the Agreement. The Class Notice given by 14 the Settlement Administrator to the Settlement Class, which set forth the principal 15 terms of the Agreement and other matters, was the best practicable notice under the 16 circumstances. The Class Notice program prescribed by the Agreement was 17 reasonable and provided due and adequate notice of these proceedings and of the 18 matters set forth therein, including the terms of the Agreement, to all parties entitled 19 to such notice. The Class Notice given to the Settlement Class Members satisfied 20 the requirements of Rule 23 of the Federal Rules of Civil Procedure and the SETTLEMENT ORDER AND FINAL JUDGMENT – 6 Case 2:18-cv-00381-SMJ ECF No. 149 filed 02/01/22 PageID.1640 Page 7 of 10 1 requirements of constitutional due process. The Class Notice was reasonably 2 calculated under the circumstances to apprise Settlement Class Members of the 3 pendency of this Action, all material elements of the Settlement, and their 4 opportunity to exclude themselves from, object to, or comment on the Settlement 5 and appear at the Settlement Hearing. The Court has afforded a full opportunity to 6 all Settlement Class Members to be heard. Accordingly, the Court determines that 7 all members of the Settlement Class, except those who timely excluded themselves 8 from the Class, are bound by this Final Judgment. 9 12. Notifications to Appropriate Federal and State Officials. Defendants 10 timely served a notice of the proposed Settlement upon the appropriate state official 11 of each State in which a Class member resides and upon the Attorney General of 12 the United States. The Court finds that the notice provided by Defendants satisfied 13 the requirements of 28 U.S.C. § 1715(b) and that more than ninety (90) days have 14 elapsed since Defendants provided the required notice, as required by 28 U.S.C. 15 § 1715(d). 16 13. Continuing Jurisdiction. Without affecting the finality of this Final 17 Judgment, the Court retains continuing jurisdiction over (a) implementation of the 18 Agreement, distribution of the settlement payments, service award, and attorneys’ 19 fees and costs contemplated by the Agreement, and processing of the claims 20 permitted by the Agreement, until each and every act agreed to be performed SETTLEMENT ORDER AND FINAL JUDGMENT – 7 Case 2:18-cv-00381-SMJ ECF No. 149 filed 02/01/22 PageID.1641 Page 8 of 10 1 pursuant to the Agreement has been performed, and (b) all parties to this Action and 2 members of the Settlement Class for the purpose of enforcing and administering the 3 Agreement. 4 14. Service Award. As an incentive payment in compensation for the time, 5 effort, and risk they undertook as representatives of the Settlement Class, the Court 6 hereby awards $2,500.00 to Representative Ryan Daley and $2,500.00 to 7 Representative Isaak Curry. 8 15. Class Counsel Fee and Cost Award. The Court hereby awards 9 attorneys’ fees and costs to compensate Class Counsel for their time incurred and 10 costs advanced. The Court has concluded that: (a) Class Counsel achieved a 11 favorable result for the Class by obtaining Defendants’ agreement to make available 12 to Settlement Class Members certain monetary relief; (b) Class Counsel devoted 13 substantial effort to pre- and post-filing investigation, legal analysis, and litigation; 14 (c) Class Counsel prosecuted the Class’s claims on a contingent-fee basis, investing 15 significant time and accumulating costs with no guarantee that they would receive 16 compensation for their services or recover their costs; (d) Class Counsel employed 17 their knowledge of and experience with class action litigation in achieving a 18 valuable settlement for the Class, in spite of Defendants’ possible legal defenses 19 and their experienced and capable counsel; (e) Class Counsel have standard 20 contingent fee agreements with Representative Plaintiffs, who have reviewed the SETTLEMENT ORDER AND FINAL JUDGMENT – 8 Case 2:18-cv-00381-SMJ ECF No. 149 filed 02/01/22 PageID.1642 Page 9 of 10 1 Agreement and been informed of Class Counsel’s attorney fee and cost application 2 and have approved; (f) the Class Notice informed Settlement Class Members of 3 Class Counsel’s fee and cost request under the Agreement; and (g) Class Counsel 4 filed and posted their Fee Application in time for Settlement Class Members to 5 make a meaningful decision whether to object to the Fee Application. Based upon 6 these conclusions, and finding that Class Counsel’s Fee Application is meritorious, 7 the Court hereby approves Class Counsel’s Fee and Cost Application and awards 8 to Class Counsel fees and costs in the amount of $625,000.00. This aggregate 9 payment amount to Class Counsel is reasonable considering the significant effort 10 by Class Counsel, the quality of the result achieved for the Class, the skill and 11 persistence of Class Counsel in achieving the result, and the uncertainty of the result 12 in contrast to Class Counsel’s significant outlays in time and money to advance the 13 interests of the Class. All such fees and costs are in lieu of statutory fees and costs 14 that the Representative Plaintiffs and/or the Settlement Class might otherwise have 15 been entitled to recover. 16 // 17 // 18 // 19 // 20 // SETTLEMENT ORDER AND FINAL JUDGMENT – 9 Case 2:18-cv-00381-SMJ 1 2 ECF No. 149 filed 02/01/22 PageID.1643 Page 10 of 10 // 16. Payment Timing. Defendants, through the Settlement Administrator, 3 shall pay the fee and cost award to Class Counsel and the Service Award to 4 Representative Plaintiffs, as well as amounts due to eligible Settlement Class 5 Members who filed timely and valid claims under the Agreement, in accordance 6 with and at the times prescribed by the Agreement. 7 8 9 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 1st day of February 2022. 10 11 SALVADOR MENDOZA, JR. United States District Judge 12 13 14 15 16 17 18 19 20 SETTLEMENT ORDER AND FINAL JUDGMENT – 10
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