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Brna v. Isle of Capri Casinos, Inc.

United States District Court, S.D. Florida, Miami Division

February 20, 2018

DANIEL A. BRNA, RAMON FERNANDEZ and JAMES E. SCOTT, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
ISLE OF CAPRI CASINOS INC. and INTERBLOCK USA, LLC, Defendants.

          ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTERING FINAL JUDGMENT

          FEDERICO A. MORENO, UNITED STATES-DISTRICT JUDGE

         THIS CAUSE came before the Court on Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement and Certification of the Settlement Class ("Motion for Final Approval") [DE 76], filed on January 26, 2018 and Plaintiffs' Unopposed Motion and Application for Attorney's Fees and Costs and Incentive Awards ("Motion for Fees and Incentive Awards") [DE 75] filed on January 12, 2018. The Court having considered the motions, the record, and being otherwise fully advised in the premises, it is

         ORDERED and ADJUDGED as follows:

         1. On November 17, 2017, this Court preliminarily approved the Settlement Agreement dated September 22, 2017 ("Settlement Agreement") between Plaintiffs, Daniel A. Brna and James E. Scott (collectively "Plaintiffs"), and Defendants, Isle of Capri Casinos, LLC ("IOC") and Interblock USA LLC ("Interblock") (collectively "Defendants") that provides for direct monetary relief to a class of casino patrons who placed a winning buy bet on electronic gaming machines that were manufactured by Defendant Interblock and were available for play at Defendant IOC in Pompano Park from July 8, 2015 to January 22, 2017. (D.E. 73) In accordance with the Settlement Agreement and the Court's preliminary approval order, the Settlement Administrator provided Notice to eligible class members.

         2. In connection with the final approval process, a final approval hearing was duly noticed and the Court has considered: (a) whether the terms and conditions of the Settlement Agreement are fair, reasonable, and adequate to the Settlement Class; (b) whether final judgment should be entered dismissing the Plaintiffs' claims on the merits and with prejudice, including the claims of Settlement Class Members who have not requested exclusion; and (c) whether and in what amount to award attorney's fees and costs to Class Counsel and service awards to the Plaintiffs. At this juncture, the Court is "not called upon to determine whether the settlement reached by the parties is the best possible deal, nor whether class members will receive as much from a settlement as they might have recovered from victory at trial." See Gevaerts v. TD Bank, N.A., 2015 WL 6751061, *5 (S.D. Fla. Nov. 5, 2015). Rather, as this Court has previously recognized, the objective at this final-approval stage is simply to ensure that the class action settlement terms are "fair, reasonable, and adequate." See Circeo-Loudon v. Green Tree Servicing, 2016 WL 8256853, *1 (S.D. Fla. Aug. 30, 2016) (Moreno, D.J.); Almanzar v. Select Portfolio Servicing, Inc., 2016 WL 1169198, *1 (S.D. Fla. Mar. 25, 2016) (Moreno, D.J.); Hall v. Bank of America, N.A., 2014 WL 7184039, (S.D. Fla. Dec. 17, 2014) (Moreno, D.J.); see also In re: Takata Airbag Products Liability Litigation, 2017 WL 5706147, *3-4 (S.D. Fla. Nov. 1, 2017) (Moreno, D.J.), appeal pending sub nom., Budgen v. FAC U.S. LLC, No. 17-15382 (11th Cir. filed Nov. 28, 2017).

         3. For the reasons set forth herein, the Motion for Final Approval is hereby GRANTED.

         4. If not defined, all capitalized terms herein shall have the meaning given to them in the Settlement Agreement.

         5. The Court has evaluated the following six factors in resolving this motion:

(1) The existence of fraud or collusion among the parties in reaching the settlement;
(2) The complexity, expense and duration of the litigation;
(3) The stage of proceedings at which the settlement was achieved and the amount of discovery completed;
(4) The probability of the plaintiffs' success on the merits;
(5) The range of possible recovery; and
(6) The opinions of class counsel, the class representatives, and the substance and amount of ...

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