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Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 71 of 289
members of any such person. Also excluded is any judge who may preside over this cause of action.
5. The Court finds that the notice provisions set forth under the Class Action Fairness Act, 28 U.S.C. § 1715, were complied with in this
Action.
6. The Court finds that the program for disseminating notice to the Class provided for in the Settlement, and previously approved and
directed by the Court (the “Notice Program”), has been implemented by the Settlement Administrator and the Parties, and that such Notice Program,
including the approved forms of notice, constitutes the best notice practicable under the circumstances and fully satisfied due process, the requirements of
Rule 23 of the Federal Rules of Civil Procedure and all other applicable laws.
7. The Court reaffirms that this Action is properly maintained as a class action, for settlement purposes only, pursuant to Federal Rule of
Civil Procedure 23(a), 23(b)(3), and 23(e), and that Class Counsel and the Plaintiffs, as class representatives, fairly and adequately represent the interests of
the Class. In support of its conclusion that this action is properly maintained as a class action, for settlement purposes, the Court finds as follows:
(a) the Settlement Class members are so numerous that joinder of all members is impracticable;
(b) there are questions of law and fact common to the Settlement Class members, and these questions predominate over any questions
affecting individual Settlement Class members;
(c) the named Class Representatives’ claims are typical of the claims of the Settlement Class members;
(d) the named Class Representatives and Class Counsel have adequately represented and will continue to adequately represent and protect
the interests of the Settlement Class;
(e) class-wide treatment of the disputes raised in this action is superior to other available methods for adjudicating the controversy before
this Court; and
(f) manageability issues do not prevent certification for settlement purposes because there will be no trial.
- 2 - [PROPOSED] ORDER GRANTING FINAL APPROVAL
1275525.3 OF CLASS SETTLEMENT
CASE NO. 3:15-CV-258-HSG