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Crane v. Sexy Hair Concepts, LLC

United States District Court, D. Massachusetts

May 14, 2019

MOLLY CRANE, individually and on behalf of all other persons similarly situated, Plaintiff,
v.
SEXY HAIR CONCEPTS, LLC, ULTA SALON COSMETICS & FRAGRANCE, INC., Defendants.

          FINAL JUDGMENT AND ORDER APPROVING CLASS SETTLEMENT AND CERTIFYING THE CLASS

          F. Dennis Saylor IV, United States District Judge.

         This 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[1] 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:

         I. JURISDICTION AND VENUE

         1. The Court has jurisdiction over the subject matter, the parties to this proceeding, and all Class Members, pursuant to 28 U.S.C. § 1332.

         2. Venue is proper in this District.

         II. FINAL CERTIFICATION OF THE CLASS

         3. The 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 Settlement):

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.

         4. The 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.

         5. The 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 the Class;
(d) the Plaintiff and Class Counsel will fairly and adequately protect the ...

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