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Wittman v. CB1, Inc., Defendant.

United States District Court, D. Montana, Billings Division

May 24, 2017

WILLIAM WITTMAN and AMBER BELLAMY, for themselves and all others similarly situated, Plaintiffs,
v.
CB1, INC., Defendant.

          FINAL APPROVAL ORDER

          Brian Morris United States District Court Judge.

         WHEREAS, on December 20, 2016, the Court entered an Amended Preliminary Approval Order preliminarily approving the proposed Settlement pursuant to the terms of the Parties' Settlement Agreement and directing that notice be given to the Settlement Class (Doc. 70);

         WHEREAS, pursuant to the notice requirements set forth in the Settlement Agreement and in the Preliminary Approval Order, the Settlement Class was notified of the terms of the proposed Settlement, of the right of members of the Settlement Class to opt-out, and of the right of members of the Settlement Class to be heard at a Final Approval Hearing to determine, inter alia: (1) whether the terms and conditions of the Settlement Agreement are fair, reasonable and adequate for the release of the claims contemplated by the Settlement Agreement; and (2) whether judgment should be entered dismissing this action entitled Wittman v. CBI, Inc., United States District Court, District of Montana, Billings Division, Case No. 1:15-cv-00105-BMM (the “Action”) with prejudice;

         WHEREAS, a Final Approval Hearing was held on May 24, 2017. Prior to the Final Approval Hearing, Plaintiffs supplied the Court with evidence that the Class Administrator complied with the provisions of the Settlement Agreement and Preliminary Approval Order relating to notice. Class Members were therefore notified of their right to appear at the Final Approval Hearing in support of, or in opposition to, the proposed Settlement, the award of Attorney's Fees and Costs to Class Counsel, and the payment of the Incentive Award.

         NOW, THEREFORE, the Court, having heard the presentation of Class Counsel and counsel for Defendant CB1, Inc. (“CB1”), having reviewed all of the submissions presented with respect to the proposed Settlement, having determined that the Settlement is fair, adequate and reasonable, having considered the Attorney's Fees and Cost application made by Class Counsel and the application for an Incentive Award to the Settlement Class Representative, and having reviewed the materials in support thereof, and good cause appearing:

         THIS COURT FINDS AND ORDERS AS FOLLOWS:

         1. The capitalized terms used in this Final Approval Order and Judgment shall have the same meaning as defined in the Settlement Agreement except as may otherwise be ordered.

         2. The Court has jurisdiction over the subject matter of this Action and over all claims raised therein and all Parties thereto, including the Settlement Class.

         3. The Court hereby approves the Settlement, including the plans for implementation and distribution of the settlement relief, and finds that the Settlement is, in all respects, fair, reasonable and adequate to the Class Members, within the authority of the parties and the result of extensive arm's-length negotiations. The Parties shall effectuate the Settlement Agreement in accordance with its terms. The Settlement Agreement and every term and provision thereof shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an Order of this Court.

         4. There are no objections and three opt outs to the Settlement.

         5. The Settlement Class, which will be bound by this Final Approval Order and Judgment, shall include all members of the Settlement Class who did not submit timely and valid requests to be excluded from the Settlement Class.

         6. For purposes of the Settlement and this Final Approval Order and Judgment, the Court hereby certifies the following Settlement Class:

All persons who, during the period October 22, 2013, to the date of preliminary approval, paid a surcharge for credit or debit ...

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