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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DISVISION 

GARY HANLEY, on behalf of himself and 

others similarly situated, 

Plaintiff, 

v. 

FIFTH THIRD BANK, 

Defendant. 

NO. 1:12-CV-1612 

Honorable Rubin Castillo 

Magistrate Judge Maria Valdez 

[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL

The Court having held a Final Approval Hearing on December 23, 2013, notice of the 

Final Approval Hearing having been duly given in accordance with this Court’s Order (1) 

Conditionally Certifying a Class, (2) Preliminarily Approving Class Action Settlement, (3) 

Approving Notice Plan, and (4) Setting Final Approval Hearing (“Preliminary Approval Order”), 

and having considered all matters submitted to it at the Final Approval Hearing and otherwise, 

and finding no just reason for delay in entry of this Final Judgment and good cause appearing 

therefore, 

It is hereby ORDERED, ADJUDGED AND DECREED as follows: 

1. The Settlement Agreement dated June 6, 2013, including its exhibits (the 

“Settlement Agreement”), and the definition of words and terms contained therein are 

incorporated by reference in this Order. The terms of this Court’s Preliminary Approval Order 

are also incorporated by reference in this Order. 

2. This Court has jurisdiction over the subject matter of the Actions and over the 

Parties, including all members of the following “Class” certified for settlement purposes in this 

Court’s Preliminary Approval Order: 

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All persons to whom, on or after March 6, 2008 through the date of 

Preliminary Approval, Fifth Third or any of its affiliates or 

subsidiaries, or any entity acting on its behalf, placed a nonemergency telephone call to a cellular telephone through the use of 

an automatic telephone dialing system and/or an artificial or 

prerecorded voice, without the consent of such person. Excluded 

from the Class are the Judges to whom the Actions are assigned 

and any member of the Judges’ staff and immediate family, as well 

as all persons who validly request exclusion from the Class. 

3. The Court hereby finds that the Settlement Agreement is the product of arm’s 

length settlement negotiations between the Plaintiff, Class Counsel, and Fifth Third Bank. 

4. The Court hereby finds and concludes that Class Notice was disseminated to 

members of the Class in accordance with the terms set forth in Section III.E of the Settlement 

Agreement, that the Publication Notice was published in accordance with the terms set forth in 

the Settlement Agreement, and that Class Notice and its dissemination were in compliance with 

this Court’s Preliminary Approval Order. 

5. The Court further finds and concludes that the Class Notice and claims 

submission procedures set forth in Sections III.E–F of the Settlement Agreement fully satisfy 

Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process, were the 

best notice practicable under the circumstances, provided individual notice to all members of the 

Class who could be identified through reasonable effort, and support the Court’s exercise of 

jurisdiction over the Settlement Class as contemplated in the Settlement and this Order. 

6. This Court hereby finds and concludes that the notice provided by Fifth Third 

Bank to the appropriate State and federal officials pursuant to 28 U.S.C. § 1715 fully satisfied 

the requirements of that statute. 

7. The Court hereby finally approves the Settlement Agreement and the Settlement 

contemplated thereby, and finds that the terms constitute, in all respects, a fair, reasonable, and 

adequate settlement as to all Settlement Class Members in accordance with Rule 23 of the 

Federal Rules of Civil Procedure, and directs its consummation pursuant to its terms and 

conditions. 

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8. This Court hereby dismisses the Action with prejudice, without costs to any party, 

except as expressly provided in the Settlement Agreement. 

9. Upon Final Approval (including, without limitation, the exhaustion of any judicial 

review, or requests for judicial review, from this Final Judgment and Order of Dismissal), the 

Plaintiff and each and every one of the Settlement Class Members unconditionally, fully, and 

finally releases and forever discharges the Released Parties from the Released Claims. In 

addition, any rights of the Settlement Class representatives and each and every one of the 

Settlement Class Members to the protections afforded under Section 1542 of the California Civil 

Code and/or any other similar, comparable, or equivalent laws, are terminated. 

10. Each and every Settlement Class Member, and any person actually or purportedly 

acting on behalf of any Settlement Class Member(s), is hereby permanently barred and enjoined 

from commencing, instituting, continuing, pursuing, maintaining, prosecuting, or enforcing any 

Released Claims (including, without limitation, in any individual, class or putative class, 

representative or other action or proceeding), directly or indirectly, in any judicial, 

administrative, arbitral, or other forum, against the Released Parties. This permanent bar and 

injunction is necessary to protect and effectuate the Settlement Agreement, this Final Judgment 

and Order of Dismissal, and this Court’s authority to effectuate the Settlement Agreement, and is 

ordered in aid of this Court’s jurisdiction and to protect its judgments. 

11. The Settlement Agreement (including, without limitation, its exhibits), and any 

and all negotiations, documents, and discussions associated with it, shall not be deemed or 

construed to be an admission or evidence of any violation of any statute, law, rule, regulation or 

principle of common law or equity, of any liability or wrongdoing, by Fifth Third Bank, or of the 

truth of any of the claims asserted by Plaintiffs in the Action, and evidence relating to the 

Settlement Agreement shall not be discoverable or used, directly or indirectly, in any way, 

whether in the Action or in any other action or proceeding, except for purposes of enforcing the 

terms and conditions of the Settlement Agreement, the Preliminary Approval Order, and/or this 

Order. 

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12. If for any reason the Settlement terminates or Final Approval does not occur, then 

certification of the Class shall be deemed vacated. In such an event, the certification of the Class 

for settlement purposes shall not be considered as a factor in connection with any subsequent 

class certification issues, and the Parties shall return to the status quo ante in the Action, without 

prejudice to the right of any of the Parties to assert any right or position that could have been 

asserted if the Settlement had never been reached or proposed to the Court. 

13. In the event that any provision of the Settlement or this Final Judgment and Order 

of Dismissal is asserted by Fifth Third Bank as a defense in whole or in part to any Claim, or 

otherwise asserted (including, without limitation, as a basis for a stay) in any other suit, action, or 

proceeding brought by a Settlement Class Member or any person actually or purportedly acting 

on behalf of any Settlement Class Member(s), that suit, action or other proceeding shall be 

immediately stayed and enjoined until this Court or the court or tribunal in which the claim is 

pending has determined any issues related to such defense or assertion. Solely for purposes of 

such suit, action, or other proceeding, to the fullest extent they may effectively do so under 

applicable law, the Parties irrevocably waive and agree not to assert, by way of motion, as a 

defense or otherwise, any claim or objection that they are not subject to the jurisdiction of the 

Court, or that the Court is, in any way, an improper venue or an inconvenient forum. These 

provisions are necessary to protect the Settlement Agreement, this Order and this Court’s 

authority to effectuate the Settlement, and are ordered in aid of this Court’s jurisdiction and to 

protect its judgment. 

14. The Court approves Class Counsel’s application for $1,500,000 in attorneys’ fees 

and costs, and for service awards to the Settlement Class representative in the amount of 

$25,000. 

15. Finding that there is no just reason for delay, the Court orders that this Final 

Judgment and Order of dismissal shall constitute a final judgment pursuant to Rule 54 of the 

Federal Rules of Civil Procedure. The Clerk of the Court is directed to enter this Order on the 

docket forthwith. 

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IT IS SO ORDERED. 

Dated: _______________________ 

Rubin Castillo 

United States District Court Judge 

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CERTIFICATE OF SERVICE 

I, Beth E. Terrell, hereby certify that on October 3, 2013, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system which will send notification of 

such filing to the following: 

Gary S. Caplan, #6198263 

Email: gcaplan@ReedSmith.com 

Henry Pietrkowski, #6230048 

Email: hpietrkowski@ReedSmith.com 

Timothy R. Carraher, #6299248 

Email: tcarraher@ReedSmith.com 

REED SMITH LLP 

10 South Wacker Drive, 40th Floor 

Chicago, Illinois 60606 

Telephone: (312) 207-1000 

 Attorneys for Defendant

 DATED this 3rd day of October, 2013. 

 TERRELL MARSHALL DAUDT & WILLIE PLLC 

 By: /s/ Beth E. Terrell, Admitted Pro Hac Vice

Beth E. Terrell, Admitted Pro Hac Vice

Email: bterrell@tmdwlaw.com 

936 North 34th Street, Suite 300 

Seattle, Washington 98103-8869 

Telephone: (206) 816-6603 

Facsimile: (206) 350-3528 

Attorneys for Plaintiff

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