[Proposed] Judgment In A Civil Action

Case No. 3:17-cv-00184-WHA

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOHN C. ETTER, individually and as the 

representative of a class of similarly-situated 

persons,

Plaintiff,

v.

ALLSTATE INSURANCE COMPANY, 

ALLSTATE INDEMNITY COMPANY, 

ALLSTATE PROPERTY AND CASUALTY 

INSURANCE COMPANY, ALLSTATE 

NORTH BROOK INDEMNITY 

COMPANY, ALLSTATE INSURANCE 

COMPANY OF CALIFORNIA, LOUIS 

ODIASE and JOHN DOES 1-5,

Defendants.

Case No. 3:17-cv-00184-WHA

[PROPOSED] JUDGMENT IN A CIVIL 

ACTION

Honorable William Alsup

This matter came before the Court on October 25, 2018 for final approval of the settlement. 

Full and adequate notice having been given to the Class as required in the Court’s Order Granting 

Preliminary Approval of Class Settlement dated May 30, 2018 (Doc. 136), and the Court having 

considered all papers filed and proceedings had herein and otherwise being fully informed in the 

premises and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND 

DECREED THAT:

1. This Court has jurisdiction over the subject matter of the litigation and over all 

parties to the litigation, including all Class members.

2. The Court finds that the distribution of the Notice complied with the terms of the 

Settlement Agreement and the prior Order of the Court and provided the best notice practicable 

under the circumstances of those proceedings and of the matters set forth therein, including the 
[Proposed] Judgment In A Civil Action

Case No. 3:17-cv-00184-WHA

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proposed settlement, to all Persons entitled to such notice, and said notice fully satisfied the 

requirements of Federal Rule of Civil Procedure 23; due process; and any other applicable law.

3. In light of the benefits to the Class members, the complexity, expense, and possible 

duration of further litigation against Defendants, the risks of establishing liability and damages, the 

risks and costs of continued litigation, and other reasons set forth in the Plaintiff’s Motion for Final 

Approval, the Court hereby approves the settlement set forth in the Settlement Agreement pursuant 

to Federal Rule of Civil Procedure 23 and finds that: 

(a) the Settlement Agreement and the settlement contained therein, are, in all 

respects, fair, reasonable, and adequate and in the best interest of the Class members;

(b) there was no collusion between or among the Parties in reaching the 

agreement set forth in the Settlement Agreement;

(c) the Settlement Agreement was the product of informed, arm’s-length 

negotiations among competent, able counsel and with the assistance of Magistrate Judge Jacqueline 

Scott Corley; and 

(d) the record is sufficiently developed and complete to have enabled the Parties 

to have adequately evaluated and considered their positions.

Accordingly, the Court authorizes and directs implementation and performance of all the 

terms and provisions of the Settlement Agreement, as well as the terms and provisions hereof.

4. Upon the Declaration of Dorothy Sue Merryman, the Court finds that the settlement 

notice provided to the Class members was the best notice practicable under the circumstances and it 

satisfied the requirements of due process and Federal Rule 23(e)(1).

5. The Court finds that the distribution by fax and mail and publication of the Notice on 

the Settlement website (in English and Spanish) to Class members: (i) constituted the best notice 

practicable under the circumstances; (ii) was reasonably calculated, under the circumstances, to 

apprise Class members of the settlement, the effect of the settlement (including the releases therein), 

and their right to object to the terms of the settlement (and appear at the Final Approval Hearing); 

(iii) constituted due and sufficient notice of the settlement to all reasonably identifiable persons 

entitled to receive such notice; and (iv) satisfied the requirements of due process, Rule 23(e)(1) of 
[Proposed] Judgment In A Civil Action

Case No. 3:17-cv-00184-WHA

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the Federal Rules of Civil Procedure, and the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, 

and all applicable laws and rules.

6. Upon the Declaration of Dorothy Sue Merryman, the Court finds that the settlement 

notice has been given to the appropriate State and Federal officials in accordance with the Class 

Action Fairness Act, 28 U.S.C. § 1715.

7. No members of the Class filed objections to the settlement.

8. Ten (10) members of the Class previously requested exclusion from the Class. 

These 10 persons or entities are listed on Exhibit 1.

9. The members of the Class who are bound by the terms of the Settlement are listed 

on Exhibit 2.

10. After due consideration of, among other things, the benefits to the Class members 

and the uncertainty about the likelihood of: (a) the Class’s ultimate success on the merits; (b) the 

range of the Class’s possible recovery; (c) the complexity, expense, and duration of 

the litigation; (d) the substance and amount of opposition to the settlement; (e) the state of 

proceedings at which the settlement was achieved; and (f) all written submissions, declarations and 

arguments of counsel; and, after notice and hearing, this Court finds that the settlement is fair, 

adequate and reasonable, and in the best interests of the Class. This Court also finds that the 

financial settlement terms fall within the range of settlement terms that would be considered fair, 

adequate and reasonable. Accordingly, this settlement should be and is APPROVED and shall be 

consummated in accordance with the terms and provisions of the Settlement Agreement and shall 

govern all issues regarding the settlement and all rights of the parties, including the Class 

members. Each Class member (including any person or entity claiming by or through him, her or 

it, but except those persons identified above who have previously excluded themselves from the 

Class) shall be bound by the Settlement Agreement, including being subject to the Releases set 

forth in the Settlement Agreement.

(Dkt. No. 156-1) (Dkt. No. 156-1) 
[Proposed] Judgment In A Civil Action

Case No. 3:17-cv-00184-WHA

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11. Defendants have agreed to pay the total amount of $6,533,250.00 to pay Class 

members, class action settlement administration costs, attorney’s fees, costs, and expenses, and an 

incentive/service award to Plaintiff as determined and awarded by this Court. Funds remaining 

from any uncashed checks shall be retained by the Settlement Administrator and redistributed to 

the other Class members on a pro rata basis or, if not economically feasible to redistribute, paid to 

a cy pres beneficiary pursuant to an order of this Court.

12. As agreed in and subject to the Settlement Agreement, each member of the Class 

will be mailed a check in the amount of $375.00 per fax, subject to a pro rata reduction for the 

payment of incentive award, attorneys’ fees and expenses, and administrative costs. The 

Settlement Administrator will cause those checks to be mailed after receiving the settlement funds. 

Checks issued to the Class members will be void 91 days after issuance. 

13. The Court expressly adopts and incorporates herein all of the terms of the Settlement 

Agreement. The parties to the Settlement Agreement shall carry out their respective obligations 

under that Agreement.

14. Upon payment of all monies due pursuant to the Settlement Agreement, all claims 

or causes of action of any kind by any Class member or anyone claiming by or through him, her or 

it brought in this Court or any other forum (other than those by persons who have opted out of this 

action) are forever barred pursuant to the Releases set forth in the Settlement Agreement and the 

Court’s Final Approval Order and incorporated herein. All persons and entities are enjoined from 

asserting any claims that are being settled or released herein, either directly or indirectly, against 

Defendants and the Released Parties in this Court or any other court or forum.

15. Notwithstanding Paragraph 15 above, nothing herein shall bar any action by the 

parties to enforce or effectuate the settlement.

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[Proposed] Judgment In A Civil Action

Case No. 3:17-cv-00184-WHA

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16. The Settlement Agreement may not be construed, in whole or in part, as an 

admission of fault or liability to any person by any of the Released Parties, nor shall the Settlement 

Agreement, or any part thereof, be offered or received in evidence in any action or proceeding as 

an admission of liability or wrongdoing of any kind by any of the Released Parties, except that 

nothing in this Paragraph shall affect the admissibility of the Settlement Agreement, or any of their 

terms, in any action or proceeding to effectuate the terms of this settlement.

17. A separate order shall be entered regarding Class Counsel’s petition for attorney’s 

fees and expenses and for plaintiff’s incentive/service award. Such orders shall not disturb or affect 

any of the terms of this Order.

18. This action, including all claims against Defendants concerning the fax 

advertisements sent on October 11, 2016, is hereby dismissed with prejudice and without taxable 

costs to any party.

19. The provisions of this Judgment constitute a full and complete adjudication of the 

matters considered and adjudged herein, and the Court directs immediate entry of this Judgment by 

the Clerk of the Court.

20. The Court sets a status on accounting for the monies distributed to the Class and to 

determine how the remaining funds are to be distributed on <6 months> , 2019.

21. There is no just reason to delay enforcement or appeal.

IT IS SO ORDERED, ADJUDGED AND DECREED.

Dated: _____________________ ____________________________________

 Hon. William H. Alsup

 U.S. District Court Judge

February 4

November 4, 2018.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

AS MODIFIED

Judge William Alsup

deadline for a status report