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Eisenband v. Schumacher Automotive, Inc.

United States District Court, S.D. Florida

July 1, 2019

JERRY EISENBAND, individually and on behalf of all others similarly situated, Plaintiff,
v.
SCHUMACHER AUTOMOTIVE, INC., Defendant.

          ORDER GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT AND FINAL JUDGMENT

          BETH BLOOM UNITED STATES DISTRICT JUDGE

         THIS CAUSE is before the Court on the Parties' Motion for Final Approval of Class Settlement and Application for Service Award, Attorneys' Fees and Costs, ECF No. [38].

         Following the Parties' presentation of facts during the Final Approval Hearing, consideration of the Motion and attachments, arguments of counsel, the record and being duly advised, the Court finds as follows:

         On February 19, 2019, the Court granted preliminary approval to the proposed class action settlement set forth in the Settlement Agreement and Release (the “Settlement Agreement”) between Plaintiff Jerry Eisenband (“Plaintiff”), on behalf of himself and all members of the Settlement Class, [1] and Defendant Schumacher Automotive, Inc. (“Schumacher” or “Defendant”) (collectively, the “Parties”). The Court also provisionally certified the Settlement Class for settlement purposes, approved the procedure for giving Class Notice to the members of the Settlement Class, and set a Final Approval Hearing to take place on June 28, 2019.

         On June 28, 2019, the Court held a duly noticed Final Approval Hearing to consider: (1) whether the terms and conditions of the Settlement Agreement are fair, reasonable, and adequate; (2) whether a judgment should be entered dismissing the Plaintiff's Complaint on the merits and with prejudice in favor of Defendant and against all persons or entities who are Settlement Class Members herein who have not requested exclusion from the Settlement Class; and (3) whether and in what amount to award counsel for the Settlement Class as Attorneys' Fees and Expenses and whether and in what amount to award a Service Award to Plaintiff. Following consideration, it is

         ORDERED AND ADJUDGED that the Motion for Final Approval of Class Settlement and Application for Service Award, Attorneys' Fees and Costs, ECF No. [38], is GRANTED.

         It is FURTHER ORDERED that:

         I.JURISDICTION OF THE COURT

         1. The Court has personal jurisdiction over the parties and the Settlement Class Members, venue is proper, and the Court has subject matter jurisdiction to approve the Agreement, including all Exhibits thereto, and to enter this Final Approval Order. Without affecting the finality of this Final Approval Order, this Court retains jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and of this Final Approval Order.

         2. The Settlement Agreement was negotiated at arm's length by experienced counsel who were fully informed of the facts and circumstances of this litigation and of the strengths and weaknesses of their respective positions. The Settlement Agreement was reached after the Parties had engaged in mediation and extensive settlement discussions and after the exchange of information, including information about the size and scope of the Settlement Class. Counsel for the Parties were well positioned to evaluate the benefits of the Settlement Agreement, taking into consideration the expense, risk, and uncertainty of protracted litigation.

         3. The Court finds that the prerequisites for a class action under Fed.R.Civ.P. 23 have been satisfied for settlement purposes for each Settlement Class Member in that: (a) the number of Settlement Class Members is so numerous that joinder of all members is impracticable; (b) there are questions of law and fact common to the Settlement Class; (c) the claims of Plaintiff are typical of the claims of the Settlement Class he seeks to represent; (d) Plaintiff has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (e) the questions of law and fact common to the Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (f) the Settlement Class is ascertainable; and (g) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.

         II. CERTIFICATION OF SETTLEMENT CLASS

         4. Pursuant to Fed.R.Civ.P. 23, this Court certifies the Settlement Class, as identified in the Settlement Agreement: “All individuals residing in the United States (i) who were sent a text message (ii) on his or her cellular telephone (iii) by or on behalf of Schumacher Automotive, Inc. (iv) from July 11, 2014 through the date of certification.” Excluded from the Settlement Class are: (i) the district judge and magistrate judge presiding over this case, the judges of the U.S. Court of Appeals for the Eleventh Circuit, their spouses, and persons within the third degree of relationship to either of them; (2) individuals who are or were during the Class Period agents, directors, employees, officers, or servants of Schumacher or of any affiliate or parent of Schumacher; (3) Plaintiff's counsel and their employees, and (4) all persons who file a timely and proper request to be excluded from the Settlement Class in accordance with Section III(D) of the Settlement Agreement.

         III. APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL

         5. The Court appoints Scott A. Edelsberg of Edelsberg Law, P.A.; Andrew J. Shamis of Shamis and Gentile, P.A.; and Manuel S. Hiraldo of Hiraldo P.A; as Class Counsel for the Settlement Class.

         6. The Court designates Plaintiff Jerry Eisenband as the Class Representative.

         IV. NOTICE ...


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