![]() Defendant has disputed, and continues to dispute, Plaintiff's allegations in this lawsuit, and Defendant denies any liability for any of the claims that have or could have been alleged by Plaintiff or the persons that she seeks to represent. Plaintiff, for herself and others she claims are similarly situated, sought to recover, inter alia, statutory or treble damages for each violation of the TCPA, an Order enjoining Defendant from further violations of the TCPA, and attorneys' fees and costs. Plaintiff claims, inter alia, that Defendant violated the TCPA by sending multiple commercial text messages to Plaintiff Hernandez and others similarly situated, without the prior express consent required by law. Plaintiff brings claims under the Telephone Consumer Protection Act ("TCPA"). Having reviewed the Settlement Agreement and Motion, along with the Parties' prior submissions in this matter, the Court now FINDS, CONCLUDES, AND ORDERS as follows: I. Lee ("Lee Decl."), including the plan of allocation in that Agreement, and that the Court approve a proposed Notice of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing ("Class Notice," Lee Declaration, Exhibit B). Plaintiff also requested that the Court grant preliminary approval to the Settlement Agreement, attached as Exhibit A to the Declaration of C.K. In her Motion, Plaintiff requested that, for settlement purposes only, this Court conditionally certify a class under Federal Rule of Civil Procedure 23. On February 14, 2020, Plaintiff filed a Notice Of Motion For Order (1) Conditionally Certifying Settlement Class, (2) Granting Preliminary Approval To Proposed Class Action Settlement And Plan Of Allocation, (3) Directing Dissemination of Notice And Related Material To The Class, and (4) Setting Date For Final Approval Hearing And Related Dates ("Motion"). The terms of the proposed settlement ("Settlement") are set forth in the proposed Settlement Agreement and Release ("Settlement Agreement"). ("Defendant") negotiated a settlement of this litigation. ORDER (1) CONDITIONALLY CERTIFYING SETTLEMENT CLASS, (2) GRANTING PRELIMINARY APPROVAL TO PROPOSED CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION, (3) DIRECTING DISSEMINATION OF NOTICE AND RELATED MATERIAL TO THE CLASS, AND (4) SETTING DATE FOR FINAL APPROVAL HEARING AND RELATED DATES ECF CaseĪfter participating in a private mediation session, and despite their adversarial positions in this matter, Named Plaintiff Janimary Hernandez ("Plaintiff") and Defendant J.C. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |