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Fouks v. Red Wing Hotel Corporation

United States District Court, Eighth Circuit

June 14, 2013

Britt M. Fouks and Brian F. Hupperts, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
Red Wing Hotel Corporation d/b/a St. James Hotel, Veranda, Clara's Gift Shop, Jimmy's Pub, Port Restaurant, and Shoe Box Cafe, Defendant.

ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT

JOAN N. ERICKSEN, District Judge.

This matter came on for hearing before the undersigned United States Judge on June 7, 2013, upon motion pursuant to Rule 23 of the Federal Rules of Civil Procedure for preliminary approval of the proposed class action settlement ("Proposed Settlement") of the above-described action set for in a Stipulation of Settlement dated May 30, 2013, ("Stipulation") signed by Counsel for Plaintiffs and the Defendant, and upon the subsequent filing of a stipulation concerning methods of class notice, which was designed to address certain concerns and suggestions raised by the Court. All capitalized terms in this Order shall have the meanings given them in the Stipulation.

Plaintiffs Britt Fouks and Brian F. Hupperts (hereinafter "Plaintiffs") were represented by their counsel Thomas J. Lyons, Jr. of the Consumer Justice Center P.A. (hereinafter "Class Counsel"). Defendant Red Wing Hotel Corporation d/b/a St. James Hotel, Veranda, Clara's Gift Shop, Jimmy's Pub, Port Restaurant, and Shoe Box Cafe (hereinafter "St. James Hotel"), was represented by its counsel Christopher R. Morris, Esq. of Bassford Remele P.A.

The Court having heard the arguments of counsel, having reviewed the Stipulation, its exhibits, and other submissions of the parties, having considered all of the files, records, and pleadings in the Action, and being otherwise fully advised:

IT IS HEREBY ORDERED, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, that:

1. The representations, agreements, terms, and conditions of the parties' Proposed Settlement, as embodied in the Stipulation and the exhibits attached hereto, are preliminarily approved pending a final hearing on the Proposed Settlement as provided herein.

2. For purposes of the Proposed Settlement only, the Court hereby certifies plaintiffs' class, pursuant to Fed.R.Civ.P. 23(b)(3), as follows:

"all persons residing in Minnesota and Wisconsin who, during the time period from May 11, 2011, through August 31, 2012, inclusive, used a personal credit or debit card at St. James Hotel and received a receipt that contained more than 5 digits of the credit or debit card."

The foregoing is the "St. James Hotel Settlement Class, " and its members are "Class Members."

In support of this St. James Hotel Settlement Class, the Court finds as follows:

The parties do not dispute, and the Court finds, that there are a sufficient number of Class Members to satisfy the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1).

There are questions of law and fact common to all Class Members. Such questions include, but are not necessarily limited to, the following:

• Whether there was a willful violation of FACTA with respect to any persons who received a credit or debit card receipt from St. James Hotel that contained more than 5 digits of the credit or debit card. Plaintiffs' claims are typical of the claims of the members of the St. James Hotel

Settlement Class. Plaintiffs are a member of the St. James Hotel Settlement Class and allege that the same conduct of St. James Hotel applies to them as well as the other members of the Settlement Class. Plaintiffs' claims are not in conflict with or antagonistic to the claims of the Settlement Class as a whole. The claims of ...


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