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Lehigh Acres Lot Owners Association, Inc. v. Think Simplicity Inc.

United States District Court, M.D. Florida, Orlando Division

June 20, 2017

LEHIGH ACRES LOT OWNERS ASSOCIATION, INC., individually and on behalf of all others similarly situated, Plaintiff,
v.
THINK SIMPLICITY, INC.; and ALEXANDER PEROVICH, Defendants.

          ORDER AND FINAL JUDGMENT

          ROY B. DALTON JUDGE

         This cause is before the Court on the Joint Motion for Miscellaneous Relief, Specifically for Final Approval of Class Action Settlement and Incorporated Memorandum of Law by Lehigh Acres Lot Owners Association, Inc. (Doc. 30), filed May 30, 2017. Upon consideration of the Joint Motion, the supporting documentation, and the representations made at the hearing on June 19, 2017, the Court finds that the Joint Motion is due to be granted.

         Accordingly, IT IS HEREBY ORDERED AND ADJUDGED:

         1. The Joint Motion for Miscellaneous Relief, Specifically for Final Approval of Class Action Settlement and Incorporated Memorandum of Law by Lehigh Acres Lot Owners Association, Inc. (Doc. 30) is GRANTED.

         2. By this reference, the Court adopts and incorporates all of the terms of the Settlement Agreement in this Order and Final Judgment.

         3. This Court has jurisdiction over Plaintiff Lehigh Acres Lot Owners Association, Inc., Defendants Think Simplicity, Inc. and Alexander Perovich (“Defendants”), counsel who have appeared on behalf of Plaintiff and Defendants in this action, the members of the Settlement Class, and the claims asserted in this lawsuit.

         4. Pursuant to Federal Rule of Civil Procedure 23, the Court FINALLY CERTIFIES the following “Settlement Class” for settlement purposes only:

All natural persons and entities in the United States who were sent a facsimile advertisement, by or on behalf of Think Simplicity, Inc. and/or Alexander Perovich, between April 30, 2015 and February 22, 2017, that advertised Think Simplicity, Inc.'s products and/or services, where the advertisement failed to contain opt-out language compliant with the requirements of the TCPA and/or its accompanying regulations.

         The Parties have expressly agreed to this Settlement Class definition for settlement purposes only.

         5. The Court finds that the Class Notice given to members of the Settlement Class in this action was the best notice practicable under the circumstances, was reasonably calculated to apprise the Settlement Class members of the pendency of this action and their right to object or to exclude themselves from the Settlement Class, and satisfied the requirements of due process and Federal Rule of Civil Procedure 23.

         6. The Court finds that notice was given by Defendants to the U.S. Attorney General and the Attorney General of Florida, in accordance with the Class Action Fairness Act, 28 U.S.C. § 1715.

         7. No Settlement Class member filed an objection, and the deadline to do so has passed.

         8. No persons opted out of the Settlement Class, and the deadline to do so has passed.

         9. The Settlement meets all the applicable requirements under Federal Rules of Civil ...


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