Parker v. Stoneledge Furniture, LLC

District Court, M.D. Florida·Decided July 6, 2022·No. 8:21-cv-00740·Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MICHAEL PARKER, individually Case No. 8:21-cv-00740-CEH-AEP and on behalf of all others similarly situated,

Plaintiff,

v.

STONELEDGE FURNITURE, LLC and SOUTHWESTERN FURNITURE OF WISCONSIN, LLC d/b/a ASHLEY FURNITURE,

Defendants.

ORDER GRANTING FINAL APPROVAL AND JUDGMENT

This matter comes before the Court on the parties’ Unopposed Motion for Final Approval of Settlement (Doc. 31). The court heard argument on the motion on June 17, 2022. Having considered the motion, heard argument of counsel, and being otherwise advised in the premises, the Court will grant the motion and finds as follows: On September 21, 2021, the parties notified the Court a settlement had been reached between Plaintiff Michael Parker (“Plaintiff”), individually and on behalf of all others similarly situated, and Defendants Stoneledge Furniture, LLC and Southwestern Furniture of Wisconsin, LLC d/b/a Ashley Furniture (collectively “Defendants”) related to Plaintiff’s claims in this action under the Telephone Consumer Protection Act, 47 U.S.C. §§ 227, et seq., (“TCPA”). On February 2, 2022, Plaintiff filed an Unopposed Motion for Preliminary

Approval of Settlement and Notice to the Settlement Class (Doc. 26). On February 17, 2022, the Court entered an Order Preliminarily Certifying Settlement Class, Preliminarily Approving Class Action Settlement and Approving Settlement Class Notice (“Preliminary Approval Order”) (Doc. 29), approving the form, content, and procedure of Notice to the Settlement Class, and the Court

preliminarily and conditionally certified for settlement purposes only, a class defined as: All persons throughout the United States to whom Defendants and/or their agent(s) sent, or caused to be sent, a text message, directed to a number assigned to a cellular telephone service, utilizing an automatic telephone dialing system, without prior express consent during the Class Period, between May 1, 2017 and September 30, 2020 (the “Settlement Class”).

Excluded from the Settlement Class are: (1) all persons to whom Defendants and/or their agent(s) sent, or caused to be sent, a text message, directed to a number assigned to a cellular telephone service, utilizing an automatic telephone dialing system, purely to consummate a purchase transaction, such as text messages solely sent to set up time for delivery of a purchase; and (2) Defendants and any parent, subsidiary, affiliate or controlled person of Defendants, as well as the officers, directors, agents, servants or employees of Defendants, or any parent, subsidiary or affiliate of Defendants, and the immediate family members of all such persons.

In addition, the Court set a Final Approval Hearing to take place on June 17, 2022. On May 6, 2022, Plaintiff filed a Motion for Final Approval of Class Action Settlement and Award of Attorney’s Fees and Costs (Doc. 31). On June 17 2022, the Court held a duly noticed Final Approval Hearing to consider: (1) whether to finally certify a Settlement Class for settlement purposes only; (2) whether the terms and conditions of the Settlement Agreement are fair, reasonable,

and adequate and should be finally approved; (3) whether the Notice and claim procedures comply with Federal Rule of Civil Procedure 23 and due process; (4) what amount to award Class Counsel Attorneys’ Fees and Expenses; and (5) whether to enter this Final Approval Order and Judgment, dismissing all claims asserted in this action on the merits and binding the Settlement Class Members to the Releases set

forth in the Settlement Agreement (“Final Approval Order”). NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. The parties’ Unopposed Motion for Final Approval of Settlement (Doc. 31) is GRANTED.

2. The Court has personal jurisdiction over the parties and the Settlement Class Members, venue is proper, and the Court has subject matter jurisdiction to approve the Agreement, including all exhibits thereto, and to enter this Final Approval Order. Without in any way affecting the finality of this Final Approval Order, this Court hereby retains jurisdiction as to all matters relating to administration,

consummation, enforcement, and interpretation of the Settlement Agreement and of this Final Approval Order, and for any other necessary purpose for a period of one (1) year from the date of this Order. Unless otherwise specified, defined terms or capitalized terms in this Final Approval Order have the same meaning as in the Settlement Agreement. 3. The Settlement Agreement was negotiated at arm’s length with the assistance of a well-respected neutral mediator, Bruce Friedman, Esq. of JAMS, by experienced Counsel for the Parties who were fully informed of the facts and

circumstances of this litigation (the “Action”) and of the strengths and weaknesses of their respective positions. The Settlement Agreement was reached after the Parties had engaged in mediation and extensive settlement discussions and after the exchange of information, including information about the size and scope of the Settlement Class. Counsel for the Parties were therefore well positioned to evaluate the benefits of the

Settlement Agreement, taking into account the expense, risk, and uncertainty of protracted litigation. 4. The Court finds for settlement purposes only that the prerequisites for a class action under Fed. R. Civ. P. 23 have been satisfied for each Settlement Class Member in that: (a) the number of Settlement Class Members is so numerous that

joinder of all members thereof is impracticable; (b) there are questions of law and fact common to the Settlement Class; (c) the claims of Plaintiff are typical of the claims of the Settlement Class he seeks to represent; (d) Plaintiff has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (e) the questions of law and fact common to the

Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (f) the Settlement Class is ascertainable; and (g) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy. I. CERTIFICATION OF SETTLEMENT CLASS 5. Pursuant to Fed. R. Civ. P. 23, this Court hereby finally certifies the

Settlement Class, as identified in the Settlement Agreement and the Preliminary Approval Order as: All persons throughout the United States to whom Defendants and/or their agent(s) sent, or caused to be sent, a text message, directed to a number assigned to a cellular telephone service, utilizing an automatic telephone dialing system, without prior express consent during the Class Period, between May 1, 2017 and September 30, 2020 (the “Settlement Class”).

Excluded from the Settlement Class are: (1) all persons to whom Defendants and/or their agent(s) sent, or caused to be sent, a text message, directed to a number assigned to a cellular telephone service, utilizing an automatic telephone dialing system, purely to consummate a purchase transaction, such as text messages solely sent to set up time for delivery of a purchase; and (2) Defendants and any parent, subsidiary, affiliate or controlled person of Defendants, as well as the officers, directors, agents, servants or employees of Defendants, or any parent, subsidiary or affiliate of Defendants, and the immediate family members of all such persons.

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Parker v. Stoneledge Furniture, LLC, (M.D. Fla. 2022).

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