Page 1. ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL 

JUDGMENT

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

JESUS VILLANUEVA, JR., et al.,

Plaintiff,

vs.

LIBERTY ACQUISITIONS SERVICING, 

LLC, et al.,

Defendants.

Case No.: 3:14-CV-01610-HZ (Lead Case)

Case No.: 3:15-CV-02354-HZ (Trailing Case)

ORDER GRANTING MOTION FOR FINAL 

APPROVAL AND FINAL JUDGMENT

THIS MATTER came before the Court on Representative Plaintiff’s motion for final 

approval of the proposed class settlement (the “Settlement”). The Court has considered all 

papers filed and proceedings in this matter and is fully informed regarding the facts surrounding 

the proposed Settlement. Based upon this information, the Court has determined to approve the 

proposed Settlement as fair, reasonable and adequate. The Court hereby enters this Order & 

Final Judgment, which constitutes a final adjudication on the merits of all claims of the 

Settlement Class.
Page 2. ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL 

JUDGMENT

On May 8, 2017, this Court granted preliminary approval to the proposed Settlement 

between Representative Plaintiff and Defendants Liberty Acquisitions Servicing, LLC (“LAS”), 

Liberty Holdings, LLC (“Holdings”), Javlin One, LLC (“Javlin One”) and Javlin Capital, LLC 

(“Javlin Capital”) (Javlin One and Javlin Capital collectively, “Javlin Parties”) (LAS, Holdings 

and Javlin Parties collectively, “Defendants”). The proposed Settlement resolves all of the 

Class’s claims against Defendants in exchange for LAS’ agreement to pay certain amounts to

eligible Class Members as set forth in the Agreement. On September 14, 2017, this Court held a 

fairness hearing to consider whether to grant final approval to the Settlement and to consider 

Class Counsel’s application for an award of attorneys’ fees and costs, and for payment of a Class 

Representative Service Award to the Representative Plaintiff (the “Fee Application”). The Court 

heard argument from counsel. No other individuals elected to appear to voice their support for, 

or objection to, the Settlement and/or the Fee Application.

Having read, reviewed and considered the papers filed in support of and in opposition to 

final approval of the Settlement, including supporting declarations; oral arguments of counsel; 

Class Counsel’s Fee Application; the Agreement; and the pleadings, it is hereby

ORDERED, ADJUDGED AND DECREED that:

1. The definitions and provisions of the Settlement Agreement and Release of 

Claims (the “Agreement”) are incorporated in this Order as though fully set forth herein.

2. This Court has jurisdiction over the subject matter of the Agreement with respect 

to and over all parties to the Agreement, including Representative Plaintiff and all members of 

the Class.
Page 3. ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL 

JUDGMENT

3. The Court approves the Settlement and finds the Settlement is, in all respects, fair, 

reasonable, and adequate to the Class, within the authority of the parties, and the result of 

extensive arm’s length negotiations with the guidance of an experienced mediator.

4. This Court confirms the Class, as defined in the Court’s Order Granting Class 

Certification and as described in the Settlement Agreement, has been appropriately identified by 

the parties .

5. Certain members of the Class have timely requested to be excluded from the 

Class and the Settlement. Exhibit A, attached hereto, lists the Class Members who timely 

requested exclusion from the Class. Accordingly, this Order shall not bind or affect Class 

Members listed on Exhibit A. 

6. The Court hereby grants final approval to the Settlement and finds that it is fair, 

reasonable, and adequate, and in the best interests of the Class as a whole. The Court has 

considered and hereby overrules all objections brought to the Court’s attention, whether properly 

filed or not.

7. Neither the Final Judgment nor the Agreement is an admission or concession by 

Defendants of the validity of any claims or of any liability or wrongdoing or of any violation of 

law. This Final Judgment and the Agreement do not constitute a concession and shall not be 

used as an admission or indication of any wrongdoing, fault or omission by Defendants or any 

other person in connection with any transaction, event or occurrence, and neither this Final 

Judgment nor the Agreement nor any related documents in this proceeding, nor any reports or 

accounts thereof, shall be offered or received in evidence in any civil, criminal, or administrative 

action or proceeding, other than such proceedings as may be necessary to consummate or enforce 

this Final Judgment, the Agreement, and all releases given thereunder, or to establish the 
Page 4. ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL 

JUDGMENT

affirmative defenses of res judicata or collateral estoppel barring the pursuit of claims released in 

the Agreement.

8. This Court hereby orders that the Settlement is in full settlement, compromise, 

release, and discharge of the claims in this case, and Representative Plaintiff, as the 

representative of the Plaintiff Class, and on behalf of each Class Member who has not timely 

opted out and each of their respective agents, successors, heirs, assigns, and any other person 

who can claim by or through them in any manner, shall have fully, finally and forever 

irrevocably released, relinquished, and forever discharged with prejudice all Released Claims (as 

defined in section 1.11 of the Settlement Agreement) against the Released Parties (as defined in 

section 1.12 of the Settlement Agreement) and those Class Members are barred from bringing 

claims within the scope of the Released Claims (as defined in section 1.11 of the Settlement 

Agreement) against the Released Parties (as defined in section 1.11 of the Settlement 

Agreement); and, further, that the Representative Plaintiff, for himself and on behalf of his 

respective agents, successors, heirs, assigns, and any other person who can claim by or through 

him in any manner, shall have fully, finally and forever irrevocably released, relinquished and 

forever discharged with prejudice all Released Claims within the scope of section 1.11 of the 

Settlement Agreement.

9. Defendants have no further or other liability or obligation to any member of the 

Class with respect to the claims brought by Plaintiff and the Class in this action, except as 

expressly provided for in the Settlement Agreement.

10. Representative Plaintiff, for himself and as the representatives of the Class, and 

on behalf of each Class Member who has not timely opted out and each of their respective 

agents, successors, heirs, assigns, and any other person who can claim by or through them in any 
Page 5. ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL 

JUDGMENT

manner, fully, finally, and forever irrevocably release, relinquish, and forever discharge with 

prejudice all Released Claims against the Released Parties.

11. Each Defendant, for itself and its predecessors, successors, and assigns of any of 

them, fully, finally, and forever irrevocably release, relinquish, and forever discharge with 

prejudice all Released Cross Claims against each other Defendant and its predecessors, 

successors, and assigns of any of them. 

12. By operation of this Judgment, the Representative Plaintiff and Defendants 

expressly waive, and each Class Member is deemed to have waived, any and all claims, rights, or 

benefits they may have under California Civil Code § 1542 and any similar federal or state law, 

right, rule, or legal principle that may apply. California Civil Code § 1542 provides as follows:

A general release does not extend to claims which the creditor does not know or 

suspect to exist in his or her favor at the time of executing the release, which if 

known by him or her must have materially affected his or her settlement with the 

debtor.

13. Garden City Group completed the delivery of class notice according to the terms 

of the Agreement. The Notice given by Garden City Group to the Settlement Class, which set 

forth the principal terms of the Agreement and other matters, was the best practicable notice 

under the circumstances. The notice program prescribed by the Agreement was reasonable and 

provided due and adequate notice of these proceedings and of the matters set forth therein, 

including the terms of the Agreement, to all parties entitled to such notice. The Notice given to 

members of the Class satisfied the requirements of Federal Rule of Civil Procedure 23 and the 

requirements of constitutional due process. The Notice was reasonably calculated under the 

circumstances to apprise Class Members of the pendency of this Action, all material elements of 

the Settlement, and their opportunity to exclude themselves from, object to, or comment on the 

Settlement and to appear at the final fairness hearing. The Court has afforded a full opportunity 
Page 6. ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL 

JUDGMENT

to all Class Members to be heard. Accordingly, the Court determines that all members of the 

Class, except those who timely excluded themselves from the Class, are bound by this Judgment 

and Final Order.

14. Within ten (10) days after the filing of the proposed Agreement in this Court, 

Defendants served a notice of the proposed settlement upon the appropriate state official of each 

State in which a Class member resides and upon the Attorney General of the United States. The 

Court finds that the notice provided by Defendants satisfied the requirements of 28 U.S.C. 

§ 1715(b) and that more than ninety (90) days have elapsed since LAS provided the required 

notice, as required by 28 U.S.C. § 1715(d).

15. Without affecting the finality of this Judgment, the Court retains continuing 

jurisdiction over (a) implementation of the Agreement, distribution of the settlement payments, 

Class Representative Service Awards, and attorneys’ fees and costs contemplated by the 

Agreement, and processing of the claims permitted by the Agreement, until each and every act 

agreed to be performed pursuant to the Agreement has been performed, and (b) all parties to this 

Action and members of the Class for the purpose of enforcing and administering the Agreement.

16. As payment in compensation for the time, effort, and risk he undertook as 

representatives of the Class, the Court hereby awards $9,000.00 to Jesus Villanueva, Jr. 

17. The Court hereby awards attorneys’ fees and costs to compensate Class Counsel 

for their time incurred and expenses advanced. The Court has concluded that: (a) Class Counsel 

achieved a favorable result for the Class by obtaining LAS’ agreement to make funds available 

to Class Members; (b) Class Counsel devoted substantial effort to pre-and post-filing 

investigation, legal analysis, and litigation; (c) Class Counsel prosecuted the Class’ claims on a 

contingent fee basis, investing significant time and accumulating costs with no guarantee that 
Page 7. ORDER GRANTING MOTION FOR FINAL APPROVAL AND FINAL 

JUDGMENT

they would receive compensation for their services or recover their expenses; (d) Class Counsel 

employed their knowledge of and experience with class action litigation in achieving a valuable 

settlement for the Class, in spite of Defendants’ possible legal defenses and their experienced 

and capable counsel; (e) Class Counsel has a standard contingent fee agreement with 

Representative Plaintiff, who has reviewed the Agreement and been informed of Class Counsel’s 

attorney fee and cost application and has approved; and (f) the Notice informed Class Members 

of the amount and nature of Class Counsel’s fee and cost request under the Agreement, and Class 

Counsel filed and posted their Fee and Cost Application in time for Class members to make a 

meaningful decision whether to object to the Fee and Cost Application. For these reasons, the 

Court hereby approves Class Counsel’s Fee and Cost Application and awards to Class Counsel 

fees and costs in the total aggregate amount of $600,000.00. All such fees are in lieu of statutory 

fees that Representative Plaintiff and/or the Class might otherwise have been entitled to recover.

18. Pursuant to the terms of the Agreement, Travelers, on behalf of its insured, LAS, 

shall pay the fee and cost awards to Class Counsel and shall pay the Class Representative Service 

Award, as well as amounts due to eligible Class Members, in accordance with and at the times 

prescribed by the Agreement.

DATED this day of September, 2017.

Hon. Marco Hernandez

US District Court Judge
Opt‐Outs

Count Name Address City State Zip

1 Johnathan Smith 2711 S. Benton St. Denver CO 80227

2 Monica Nakai PO Box 2407 Shiprock NW 87420

Exhibit

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