United States District Court, M.D. Florida, Orlando Division
LEHIGH ACRES LOT OWNERS ASSOCIATION, INC., individually and on behalf of all others similarly situated, Plaintiff,
THINK SIMPLICITY, INC.; and ALEXANDER PEROVICH, Defendants.
ORDER AND FINAL JUDGMENT
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.
IT IS HEREBY ORDERED AND ADJUDGED:
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.
this reference, the Court adopts and incorporates all of the
terms of the Settlement Agreement in this Order and Final
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.
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.
Parties have expressly agreed to this Settlement Class
definition for settlement purposes only.
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
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.
Settlement Class member filed an objection, and the deadline
to do so has passed.
persons opted out of the Settlement Class, and the deadline
to do so has passed.
Settlement meets all the applicable requirements under
Federal Rules of Civil ...