United States District Court, D. Massachusetts
JUDITH MONTEFERRANTE, on behalf of herself and all others similarly situated, Plaintiff,
THE CONTAINER STORE, INC. Defendant.
FINAL ORDER APPROVING CLASS ACTION SETTLEMENT
RICHARD G. STEARNS, Chief District Judge.
On January 30, 2015 this Court heard Plaintiff Judith Monteferrante's ("Plaintiff") Motion for Final Approval of Proposed Class Settlement (Dkt. No. 42) and Plaintiff's Motion for Attorneys' Fees, Costs, Expenses, and Incentive Fees (Dkt. No. 40). This Court reviewed: (a) the motions and the supporting papers, including, the Settlement Agreement and Release ("Settlement Agreement"); (b) any objections filed with or presented to the Court (Dkt No. ___); (c) the parties' responses to any objections; and (d) counsels' arguments. The Court also considered the oral arguments of counsel. Based on this review and the findings below, the Court found good cause to grant the motion.
1. Plaintiff Judith Monteferrante filed this action in her individual capacity and in her capacity as a representative of a putative class of similarly-situated persons, alleging that The Container Store, Inc. had violated Mass. Gen. Laws ch. 93A by requesting and recording personal identification information in the form of Zip Codes from customers using a credit card allegedly in violation of Mass. Gen. Laws ch. 93 § 105(a).
2. The Settlement Agreement was fair, reasonable, and adequate.
3. The Parties adequately performed their obligations under the Settlement Agreement.
4. Defendant The Container Store, Inc. provided notice to Class Members in compliance with Section 3.3 of the Settlement Agreement, due process, and Rule 23 of the Federal Rules of Civil Procedure. The notice: (i) fully and accurately informed Class Members about the lawsuit and settlement; (ii) provided sufficient information so that Class Members were able to decide whether to accept the benefits offered, or object to the proposed settlement; (iii) provided procedures for Class Members to file written objections to the proposed settlement, to appear at the hearing, and to state objections to the proposed settlement; and (iv) provided the time, date and place of the fairness hearing.
5. An award of $120, 000 in attorneys' fees and costs to Class Counsel is fair and reasonable in light of the nature of this case, Class Counsel's experience and efforts in prosecuting this Action, and the benefits obtained for the Class.
6. An incentive award to Plaintiff Judith Monteferrante of $3, 000 is fair and reasonable in light of: (a) Plaintiff's risks (including financial, professional, and emotional) in commencing this Action as the Class Representative; (b) the time and effort spent by Plaintiff as the Class Representative; and (c) Plaintiffs' public interest service.
IT IS ORDERED THAT:
1. Class Members. The Class Members are defined as:
persons who, between June 6, 2009 and the date of entry of the this Order, used a credit card to make a purchase at a Massachusetts The Container Store, Inc. Store and whose personal identification information, as defined in Mass. Gen. Laws ch. 93 § 105(a), including, but not limited to a Zip Code, was requested and recorded by The Container Store, Inc. during the credit card transaction.
2. Binding Effect of Order. This order applies to all claims or causes of action settled under the Settlement Agreement, and binds all Class Members.
3. Release. Plaintiff and all Class Members are: (1) deemed to have released and discharged The Container Store, Inc. from all claims arising out of or asserted in this Action and claims released under the Settlement Agreement; and (2) barred and permanently enjoined from asserting, ...