UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

RECE,~VED 

JAN 2 6 20~5 

M 

AT 8:30 - H CLt:RK WILLIAM T WALS t: 

BAIS YAAKOV OF SPRING VALLEY, on 

behalf of itself and all others similarly situated, 

Plaintiff, 

-vs.-

PETERSON'S NELNET, LLC,. 

Defendant. 

Case No. 3:11 CV 11 {TJB) 

ORDER GRANTING FINAL 

APPROVAL OF CLASS 

ACTION SETTLEMENT 

THIS MATTER having been brought before the Court jointly by Plaintiff, 

Bais Yaakov of Spring yalley through Bellin & Associates LLC (Aytan Y. Bellin, 

Esq.,appearing) and by Defendant, Peterson's Nelnet, LLC through Gibbons, P.C. 

(Michael R. McDonald, Esq. and Justin T. Quinn, Esq. appearing), by a motion for 

a Final Order and Judgment, pursuant to Federal Rule of Civil Procedure 23(e), 

seeking final approval of a class action settlement, and entry of final judgment 

dismissing the Complaint in this Action with prejudice (the "Motion"); and the 

Court having reviewed the submissions on this motion, all properly and timely 

filed objections to the proposed class action settlement, if any, and the parties' 

responses to such objections, if any, and having held a Fairness Hearing, pursuant 

to Federal Rule of Civil Procedure 23(e)(2) on January 26,2015 (the "Fairness 

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Hearing"), and having found that the p~rties are entitled to the relief they seek; and 

for good cause shown; 

IT IS on thi~ay of~~ ORDERED that the Motion is GRANTED, subject to the following terms 

and conditions (all capitalized terms being defined in the Settlement Agreement 

unless otherwise specified or defined herein): 

1. With respect to the Settlement Class, the Court finds and concludes 

that: (a) the Settlement Class Members are so numerous as to make joinder of 

them impracticable; (b) there are questions of law and fact common to the 

Settlement Class, and such questions predominate over any questions affecting 

only individual Settlement Class Members; (c) Plaintiffs claims and the defenses 

asserted thereto are typical of the claims of Settlement Class Members and the 

defenses asserted thereto; (d) Plaintiff and their counsel have fairly and adequately 

protected the interests of Settlement Class Members throughout this action; and (e) 

a class action is superior to all other available methods for fairly and efficiently 

resolving this action, considering (i) the interests of the Settlement Class Members 

in individually controlling the prosecution of separate actions; (ii) the extent and 

nature of the litigation concerning the controversy already commenced by 

Settlement Class Members; (iii) the desirability and undesirability of concentrating 

the litigation of these claims in a particular forum; and (iv) the difficulties likely to 

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be encountered in the management of a class action. The Court therefore 

determines that this action satisfies the prerequisites for class certification set forth 

in Federal Rule of Civil Procedure 23(a), and may be maintained as a class action 

under Federal Rule of Civil Procedure 23(b)(3), with Plaintiff representing the 

following Settlement Class, which the Court hereby certifies for purposes of 

settlement only: All persons or entities, who did not validly and timely opt out, and 

who, from January 3, 2007 through January 3, 2011, were sent or caused to be sent 

one or more facsimile advertisements by Peterson's Nelnet, LLC, its employees, 

agents, vendors or contractors. 

2. Class Notice has been provided in accordance with the Preliminary 

Approval Order. Such Class Notice has been provided in an adequate and 

sufficient manner, constitutes the best notice practicable under the circumstances 

and satisfies the requirements of due process. The Notice apprised the members of 

the Settlement Class of the pendency of the litigation, of all material elements of 

the proposed settlement, and of their opportunity to opt out of the settlement, to 

comment on and object to the settlement, and to appear at the Fairness Hearing. 

Full opportunity has been afforded to the members of the Settlement Class to 

participate in the Fairness Hearing. Accordingly, the Court determines that the 

Settlement Class is bound by this Order and by the final judgment to be entered 

pursuant thereto. 

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3. The Settlement Agreement, ECF No. 116-4, was arrived at through 

extensive arm's length negotiations conducted in good faith by counsel for the 

parties, and is supported by the majority of the Settlement Class. 

4. To date, 5 purported members of the Settlement Class have opted out 

of the Settlement. 

5. This litigation presents difficult and complex issues as to liability and 

damages, as to which there are substantial grounds for difference of opinion. 

6. The Settlement is fair, reasonable and adequate in light of the 

complexity, expense and duration of the litigation, and the risks inherent and 

involved in establishing liability and damages, and in maintaining the class action 

through trial and appeal. 

7. The promises and commitments of the parties under the terms of the 

Settlement Agreement constitute fair value given in exchange for the 

extinguishment of the Released Claims of the Settlement Class. 

8. The parties and· each Settlement Class Member have irrevocably 

submitted to the jurisdiction of this Court for any suit, action, proceeding, or 

dispute arising out of the Settlement Agreement. 

9. It is in the best interests of the parties and the Settlement Class 

Members, and consistent with principles of judicial economy, that any dispute 

between any Settlement Class Member (including any dispute as to whether any 

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person is a Settlement Class Member) and any of the Released Parties, which in 

any way relates to the applicability or scope of the Settlement Agreement or this 

Order, should be presented exclusively to this Court for resolution. 

IT IS THEREFORE FURTHER ORDERED AS FOLLOWS: 

A. The parties' request for final approval of the Class Action Settlement 

is GRANTED. 

B. The Settlement Agreement submitted by the parties is finally 

approved as fair, reasonable, adequate, just, and in the best interests of the Class, 

and the parties are hereby directed to consummate the Settlement Agreement in 

accordance with its terms. 

C. The proposed method for providing relief to Settlement Class 

Members, is finally approved as fair, reasonable, adequate, just, and in the best 

interests of the Class. 

D. The Court hereby awards Class Counsel Bellin & Associates LLC a 

total of$ fttl ?1?9., ?s ~e firm's reasonable attorney's fees and costs. 

F. The Court hereby awards Class Representative Bais Yaakov of Spring 

Valley $500 in damages for the Fax Advertisement Defendant sent to Plaintiff and 

($5,000) and as an incentive award for their participation in the Actions. 

G. · Ninety (90) days after the Final Approval Date if no appeal has been 

sought, or, if an appeal has been sought, within sixty (60) days after the successful 

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resolution of such appeal, payments to Claimants shall be distributed by First-Class 

mail and the Releases contained in the Settlement Agreement shall take effect. The 

Releases are as follows: 

(a) In consideration for the payments described in the Settlement Agreement, 

and other good and valid consideration, Plaintiff, those Settlement Class Members 

who have not opted out of the Class and who do not opt out of the Settlement Class 

(whether or not such Settlement Class Members submit claims), and their 

attorneys, agents, employees, officers, directors and shareholders (the "Plaintiff 

Releasors") forever release Defendant and its former, present, and future attorneys, 

agents, employees, officers, directors, shareholders, affiliates, subsidiaries, 

divisions, parent companies, predecessors in interest, insurers, insurer's counsel, 

successors and assigns, and all persons, natural or corporate, in privity with any 

one or more of them (the "Released Defendant Parties") of and from any and all 

actual, potential, filed, known or unknown, fixed or contingent, claimed or 

unclaimed, suspected or unsuspected, claims, demands, liabilities, causes of action, 

contracts, agreements, extra contractual claims, damages, punitive damages, 

statutory damages, expenses, acts, costs, attorneys' fees and/or obligations of any 

kind which are or could be based on, arise from or relate in any way to Defendant's 

alleged sending or transmission of fax advertisements to Plaintiff and/or to the 

PlaintiffReleasors from January 3, 2007 through January 3, 2011, including but 

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not limited to the sending of faxes without consent or permission, and/or the 

sending, transmission of faxes with an opt-out notice that is not compliant with the 

requirements of the TCP A or FCC regulations or other state or federal law or 

regulations, and/or the sending of faxes that fail to comply with any other 

requirements of state, federal or local law, whether or not said faxes are identical 

to, similar to, or different from the faxes attached as an exhibit to the Plaintiff's 

Complaint, and whether or not based on the TCP A or other statutory or common 

law theory (collectively, the "Released Claims"); and 

(b) In consideration for the Plaintiff Releasors' release, dismissal of this case 

with prejudice, and other good and valid consideration, Defendant and its 

attorneys, agents, employees, officers, directors and shareholders (the "Defendant 

Releasors") will forever release Plaintiff and its attorneys, agents, employees, 

officers, directors, shareholders, affiliates, subsidiaries, divisions, parent 

companies, predecessors in interest, insurers, insurer's counsel, successors and 

assigns, and all persons, natural or corporate, in privity with any one or more of 

them (the "Released Plaintiff Parties") of and from any and all actual, potential, 

filed, known or unknown, fixed or contingent, claimed or unclaimed, suspected or 

unsuspected, claims, demands, liabilities, causes of action, damages, punitive 

damages, statutory damages, expenses, acts, costs, and/ or attorneys' fees of any 

kind which arise from Defendant's alleged sending or transmission of fax 

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advertisements to Plaintiff and/or to the PlaintiffReleasors from January 3, 2007 

through January 3, 2011, including but not limited to the sending of faxes without 

consent or permission, and/or the sending or transmission of faxes with an opt-out 

notice that is not compliant with the requirements of the TCPA or FCC regulations 

or other state or federal law or regulations, and/ or the sending of faxes that fail to 

comply with any other requirements of state, federal or local law, whether or not 

said faxes are identical to, similar to, or different from the faxes attached as an 

exhibit to the Plaintiff's Complaint, and whether or not based on the TCPA or 

other statutory or common law theory (collectively, the "Released Claims"). To be 

clear, this is not a general release of all claims against PlaintiffReleasees. 

Specifically, this release does not include any claims for breach of contract, nonpayment, or other claims which arise from any services provided by Peterson's to 

Plaintiff_Releasors. This release may not be raised as a defense in any collection 

action, action to enforce a note or other financing agreements, action to enforce or 

execute a judgment, any garnishment action or any action to enforce a lien. 

H. Subject to the terms hereof, the complaint in this Action is hereby 

dismissed with prejudice. 

I. Without affecting the finality of the judgment entered pursuant to this 

Order, this Court retains continuing jurisdiction of the Settlement, including the 

administration, consummation, and enforcement of the Settlement Agreement. In 

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addition, without affecting the finality of the judgment entered pursuant to this 

Order, this Court retains jurisdiction over Defendant and each member of the 

Settlement Class, who are deemed to have submitted irrevocably to the exclusive 

jurisdiction of this Court for any suit, action, proceeding or dispute arising out of 

_/ 

or relating to this Order. 

J. The Court finds that there is no reason for delay and directs the Clerk 

to enter judgment in accordance with the terms of this Order. 

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