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The Bistro MD program was created by Dr. Cederquist who has over 10 years of clinical experience in weight management. Linney , F. There is a "range of reasonableness" in determining whether to approve settlements, "which recognizes the uncertainties of law and fact in any particular cause and the concomitant risks and costs necessarily inherent in taking any litigation to completion. Stein , F. The adequacy of the amount recovered must be judged as "a yielding of absolutes.
Naturally, the agreement reached normally embodies a compromise; in exchange for the saving of cost and elimination of risk, the parties each give up something they might have won had they proceeded with litigation. Comm'n , F. Each Settlement Class Member shall be entitled to make only one claim per cellular telephone number, regardless of the number of calls received by each cellular telephone number. The award each Class Member will receive is fair, appropriate, and reasonable given the purposes of the TCPA and in light of the anticipated risk, expense, and uncertainty of continued litigation, as discussed above.
A proposed settlement may be acceptable even though it amounts to only a percentage of the potential recovery that might be available to Class Members at trial. See Nat'l Rural Telecomms. The Court finds the amounts provided by the Settlement Agreement to be adequate, at least at this stage of the proceedings. The voucher component of this Settlement is similar to the preliminarily approved class action settlement in Wojcik v.
The district court preliminarily approved the settlement. Accordingly, the Court finds the amounts offered in the settlement to be adequate at this stage of the proceedings. KCC specializes in providing administrative services for class-action litigation and has experience in administering consumer-protection and privacy class-action settlements.
Class notice must be "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. Moreover, the class notice must satisfy the content requirements of Rule 23 c 2 B , which provides that the notice must clearly and concisely state in plain, easily understood language:. Here, the proposed notice provides: In addition, the methods of Notice, more fully set forth below are reasonable.
The Court has jurisdiction over the subject matter of the Action and over all settling parties hereto. The Court preliminarily finds the Settlement of the Action, on the terms and conditions set forth in the Settlement Agreement, including all exhibits thereto, is in all respects, fundamentally fair, reasonable, adequate, and in the best interests of the Class Members, taking into consideration the benefits to Class Members; the strengths and weaknesses of Plaintiffs' case; the complexity, expense, and probable duration of further litigation; and the risk and delay inherent in possible appeals.
The Court finds that Notice of the settlement should be given to persons in the Class and a full hearing should be held on approval of the settlement. Defendants may delegate this responsibility to the Claims Administrator.
At least fourteen 14 days prior to the Final Fairness Hearing, Defendants shall file a declaration confirming compliance with the CAFA notice requirement. Pursuant to Federal Rule of Civil Procedure 23 b 3 , the Action remains certified as a class action on behalf of the following Class Members:. The Court approves the form and method of Notice as set forth in the Settlement Agreement.
Defendants shall provide the Class list for Class Members whose cellular telephone numbers were identified from its databases to the Claims Administrator and Class Counsel. Within twenty-one 21 days following entry of this Order, the Claims Administrator shall mail a postcard-type Direct Mail Notice to each known Class Member at the address provided by Defendants, based on the information contained in Defendants' databases, and update those addresses for which a postcard is returned with a forwarding address.
The Direct Mail Notice shall reference a website established for this settlement, and that website shall contain the full details of the settlement and permit the filing of claims on the website. The mailed Notices shall also contain the Claims Administrator's toll free telephone number so that Class Members can inquire about the settlement and be directed on how to download claim forms, fill them out, and submit them.
At least fourteen 14 days prior to the Final Fairness Hearing, the claims administrator shall file a declaration of compliance with the Notice procedures set forth in the Agreement.
The Court finds that the form and methods of Notice set forth in the Agreement satisfy the requirements of Federal Rule of Civil Procedure 23 c 2 B , due process, and constitute the best practicable procedure under the circumstances.
The Court preliminarily approves the process set forth in the Agreement for reviewing, approving and paying claims after deducting Settlement Costs. Any Class Member who desires to opt-out of the Class must send a written request for exclusion to the claims administrator, postmarked no later than ninety 90 days after Notice is mailed to Class Members.
The claims administrator's address shall be provided in the Notice to the Class Members and shall be posted on the website. The claims administrator shall provide a list of those persons requesting exclusion to Class Counsel and Defendants' counsel after the deadline for exclusions passes, but no later than twenty-one 21 days prior to the Final Fairness Hearing. To be effective, a written request for exclusion must contain the Class Member's full name, address, cellular telephone number, and be signed by the Class Member.
The request must also state generally that the person wishes to be excluded from the Settlement. Any Class Member who submits a valid and timely request for exclusion shall not be a Settlement Class Member and shall not be bound by the Settlement Agreement.