United States District Court, D. Minnesota
Elizabeth Busch, on behalf of herself and all others similarly situated, Plaintiff,
Bluestem Brands, Inc., d/b/a Fingerhut, Defendant.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
Wilhelmina M. Wright United States District Judge
matter is before the Court on the Plaintiff Elizabeth
Busch's unopposed motions for approval of requested
attorneys' fees, costs, and incentive award and final
approval of the Parties' class action settlement. (Dkts.
95, 100.) On October 8, 2019, the Court held a Final Approval
Hearing to determine whether the proposed Class Action
Settlement Agreement (Settlement Agreement) should be finally
approved as fair, reasonable, and adequate. The Court has
considered all the submissions and arguments of the Parties.
For the reasons addressed below, pursuant to Federal Rule of
Civil Procedure 23, and in accordance with the terms of the
Settlement Agreement, the Court finds good cause to grant
Plaintiff's motions and issue final judgment in this
THEREFORE, IT IS HEREBY ORDERED THAT:
Unless otherwise defined, all capitalized terms in this Order
shall have the same meaning as they do in the Settlement
Court has jurisdiction over the subject matter of the Action
and over the Parties, including all Settlement Class Members
with respect to the Settlement Class certified for settlement
purposes in this Court's Preliminary Approval Order, as
All persons in the United States who were sent a text message
to a cellular telephone from or on behalf of Bluestem and
where the number was coded by Bluestem as a “wrong
party” on an outbound call, during the Class Period
(i.e., March 14, 2012, through October 15, 2018).
Court finds that the Settlement Agreement was negotiated at
arm's length by experienced counsel who were fully
informed of the facts and circumstances of the Action and of
the strengths and weaknesses of their respective positions.
Further, settlement occurred only after the Parties
negotiated over a period of many months. 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 with
respect to numerous difficult questions of fact and law.
Court finally certifies the Settlement Class for settlement
purposes and finds, for settlement purposes, that the Action
satisfies all the requirements of Rule 23 of the Federal
Rules of Civil Procedure. Specifically, the Court finds 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 the Plaintiff are typical of the
claims of the Settlement Class she 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 settlement is superior
to the other available methods for the fair and efficient
adjudication of the controversy.
Court finally appoints the following attorneys as Class
Counsel for the Settlement Class:
Ronald A. Marron Alexis M. Wood Kas L. Gallucci Law Offices
of Ronald A. Marron 651 Arroyo Drive San Diego, CA 92103
Telephone: (619) 696-9006 firstname.lastname@example.org
Thomas J. Lyons, Jr. (#0249646) Consumer Justice Center, P.A.
367 Commerce Court Vadnais Heights, Minnesota 55127
Telephone: (651) 770-9707 Facsimile: (651) 704-0907
Court finally confirms and designates Plaintiff Elizabeth
Busch as the Class Representative.
Court makes the following findings and conclusions regarding
notice to the Settlement Class:
a. The Class Notice was disseminated to persons in the
Settlement Class in accordance with the terms of the
Settlement Agreement, and the Class Notice and its
dissemination were in compliance with ...