United States District Court, D. Massachusetts
MOLLY CRANE, individually and on behalf of all other persons similarly situated, Plaintiff,
SEXY HAIR CONCEPTS, LLC, ULTA SALON COSMETICS & FRAGRANCE, INC., Defendants.
FINAL JUDGMENT AND ORDER APPROVING CLASS SETTLEMENT
AND CERTIFYING THE CLASS
Dennis Saylor IV, United States District Judge.
matter came before the Court for hearing pursuant to this
Court's Order Preliminarily Approving Class Settlement
and Certifying the Class dated November 14, 2018
(“Preliminary Approval Order”), on the
application of the Parties for approval of the Settlement among
plaintiff Molly Crane (“Plaintiff”), on behalf of
herself and the Class, and defendant Sexy Hair Concepts, LLC
(“SHC”). The Court having considered all papers
filed and proceedings held herein, and having received
declarations attesting to the mailing of the notice and the
publication of the long-form notice on the Settlement Website
in accordance with the Preliminary Approval Order, and good
cause appearing therefor, IT IS HEREBY ADJUDGED,
DECREED, AND ORDERED:
JURISDICTION AND VENUE
Court has jurisdiction over the subject matter, the parties
to this proceeding, and all Class Members, pursuant to 28
U.S.C. § 1332.
Venue is proper in this District.
FINAL CERTIFICATION OF THE CLASS
Court finds that the requirements of Fed.R.Civ.P. 23 are
satisfied and that certification of the proposed Class is
appropriate. The Court therefore grants final certification
of the following Class (which includes terms defined in the
All purchasers of any of the Subject Products as defined
below during the period between November 19, 2002 through the
Effective Date (defined below), excluding any purchases made
for purposes of resale. Excluded from the Class are (i) those
Class Members who have previously resolved their claims
through return of product, settlement, or final judgment,
(ii) all persons who are officers or directors of Defendant,
and (iii) Judges of the Court.
Class excludes those persons who timely and validly filed
requests for exclusion from the Class pursuant to the notice
and as provided in the Court's Preliminary Approval
Order. A list of such persons who have filed timely,
completed, and valid requests for exclusion from the Class is
attached hereto as Exhibit 1. The persons identified in
Exhibit 1 are not bound by this final judgment or the terms
of the Settlement, and may pursue their own individual
remedies against the Released Parties. Such persons are not
entitled to any rights or benefits provided to Class Members
by the terms of the Settlement.
Court finds that the Class satisfies the following
requirements under Fed.R.Civ.P. 23:
(a) the members of the Class are so numerous that joinder of
all members is impracticable;
(b) there are questions of law and fact common to the Class;
(c) the claims and defenses of the Plaintiff are typical of
(d) the Plaintiff and Class Counsel will fairly and
adequately protect the ...