United States District Court, D. Massachusetts
EDMUND J. MANSOR and ROBERTA M. MANSOR, Plaintiffs,
JPMORGAN CHASE BANK, N.A., Defendant.
ORDER APPROVING PLAINTIFFS* UNOPPOSED MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Judith G. Dein United States Magistrate Judge
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.
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.
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.
purposes of the foregoing Class definition,
"persons" includes all natural persons and
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.
Court appoints Plaintiffs Edmund J. Mansor and Robert M.
Mansor as Class Representatives of the Settlement Class.
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
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Order is withdrawn, without prejudice to further motion by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.
to Potential Class Members
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.
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 ...