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Mansor v. JPMorgan Chase Bank, N.A.

United States District Court, D. Massachusetts

June 22, 2018

EDMUND J. MANSOR and ROBERTA M. MANSOR, Plaintiffs,
v.
JPMORGAN CHASE BANK, N.A., Defendant.

          ORDER APPROVING PLAINTIFFS* UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          Hon. Judith G. Dein United States Magistrate Judge

         The Court has reviewed Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and supporting Memorandum, the Settlement Agreement, and the record in this case.

         The Court finds that the proposed Settlement, as set forth in the Parties' Settlement Agreement, appears to be fair, reasonable, adequate, and in the best interests of the Class. The Court further finds that the Settlement was entered into at arm's-length by highly experienced counsel following mediation with the Honorable Margaret R. Hinkle (Ret.). The Court therefore preliminarily approves the proposed Settlement and enters this Preliminary Order thereto.

         Class Certification

         The Court conditionally certifies, pursuant to Fed.R.Civ.P. 23(a) and 23(b)(3), a Settlement Class defined as:

All persons who purchased or otherwise acquired Millennium CDs or whose funds remained in the Millennium accounts at Chase from September 25, 2008 through March 9, 2009, which includes persons whose CDs purportedly rolled over or whose funds were deposited in or remained in the Millennium accounts at Chase. Excluded from this class are Defendant, its affiliates, subsidiaries, agents, board members, directors, officers, and/or employees.

         For purposes of the foregoing Class definition, "persons" includes all natural persons and entities.

         The Court finds that the certification of the Class for settlement purposes is warranted, and that settlement of this action on a class basis is superior to other means of resolving this matter.

         The Court appoints Plaintiffs Edmund J. Mansor and Robert M. Mansor as Class Representatives of the Settlement Class.

         The Court appoints the law firm of Kozyak Tropin Throckmorton, LLP; attorneys Harley S. Tropin and Tal J. Lifshitz; and attorney Keith L. Miller as Class Counsel to the Settlement Class.

         The certification of the Class pursuant to this Order is for Settlement purposes only and is conditioned upon the Court granting final approval of this settlement after notice to the Class, consideration of objections, if any, and consideration of all other matters the Court deems relevant. In the event the Court denies final approval of this Settlement, the certification of the Class pursuant to this Order is withdrawn, without prejudice to further motion by the parties pursuant to Fed.R.Civ.P. 23.

         Notice to Potential Class Members

         The Court approves the form and content of the proposed Class Notice (attached hereto as Exhibit A) and approves the Parties' proposal to distribute the Class Notice as set forth in the Settlement Agreement. The Court finds that the Parties' proposal constitutes the best notice practicable under the circumstances, and complies fully with the notice requirements of due process and Fed.R.Civ.P. 23.

         The Court approves the Parties' proposed schedule for dissemination of the Class Notice, requesting exclusion from the Settlement Class or objecting to the Settlement, submitting papers in connection ...


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