IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

RECEIVED 

JUL 1 8 2014 

BAIS Y AAKOV OF SPRING VALLEY, on Civil Action No. 3: 1I CV I1 (TJB) 

behalf of itself and all others similarly situated, 

ORDER GRANTING PRELIMINARY 

Plaintiff, APPROVAL OF CLASS ACTION 

SETTLEMENT, APPROVING AND 

-v.- DIRECTING DISSEMINATION OF 

NOTICE TO CLASS MEMBERS, 

PETERSON'S NELNET, LLC, APPOINTING CLAIMS 

ADMINISTRATOR, AND 

Defendant. SCHEDULING A FINAL APPROVAL 

HEARING 

WHEREAS, a putative Class Action Complaint was filed by Plaintiff Bais Yaakov of 

Spring Valley, captioned Bais Yaakov of Spring Valley v. Peterson's Nelnet, LLC, Civil Action 

No. 3:I1-CV-1I (TJB), in the United States District Court for the District ofNew Jersey; 

WHEREAS, the Parties have entered into a Settlement Agreement dated June II, 20 I4, 

in which the parties have agreed upon a settlement of the litigation, subject to the approval and 

determination of the Court as to the fairness, reasonableness, and adequacy of the Settlement, 

which, if approved, would result in dismissal of the action with prejudice; 

NOW, THEREFORE, the Court, having reviewed and considered the Settlement 

Agreement and accompanying documents, as well as the unopposed Motion for Preliminary 

Approval of the Class Action Settlement and supporting papers; and the matter having come 

before the Court for a Preliminary Approval Hearing on fu I r I 7 ' 20 I4; and the Parties 

having consented to the entry of this Order; and good cause shown; 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows (all capitalized 

terms being defined in the Settlement Agreement unless otherwise defined herein): 

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1. This Court has subject matter jurisdiction over this Class Action lawsuit, the 

settling Parties, and all proposed Class Members. 

2. The Court preliminarily finds that the Settlement Agreement was the product of 

serious, informed, non-collusive negotiations conducted at arms' length by the Parties. In 

making this preliminary finding, the Court considered the nature of the claims, the amounts and 

kinds of benefits paid in the Settlement, the allocation of Settlement proceeds among the Class 

Members, and the fact that the Settlement represents a compromise of the Parties' respective 

positions rather than the result of a finding of liability at trial. 

3. Subject to further consideration by the Court, the Court preliminary approves the 

Settlement as fair, reasonable, and adequate to the Class, and is sufficient to warrant sending 

notice to the Settlement Class. 

4. The Court, therefore, preliminarily certifies this Class Action for settlement 

purposes only pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(3), and 23(c)(2). The 

Class consists of anyone who, from January 3, 2007 through January 3, 2011, was sent or caused 

to be sent one or more facsimile advertisements by Peterson's Nelnet, its employees, agents, 

vendors or contractors. Notwithstanding the foregoing, the Class shall not include any persons 

or entities who make a valid and timely election to be excluded from the proposed Class. 

5. The law firm of Bellin & Associates LLC is hereby appointed counsel for the 

proposed Class, i.e., "Class Counsel." 

6. Bais Yaakov of Spring Valley is hereby appointed as representative of the 

conditionally certified class, i.e., "Class Representative." 

7. Pursuant to the Parties' agreement, as well as this Court's independent 

determination, The Garden City Group, Inc. is hereby appointed as Claims Administrator to 

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administer the Settlement in good faith in accordance with the Settlement Agreement and related 

Court Orders. 

8. Within ten (10) days following the entry of this Order, Defendant shall file with 

the Court proof that the Claims Administrator has disseminated notice to all necessary recipients 

in compliance with the Class Action Fairness Act of2005, 28 U.S.C. § 1715(b). 

The Class Notice methodology described in paragraph 4 of the Settlement Agreement is hereby 

approved as it (i) is the best practicable notice, (ii) is reasonably calculated, under the 

circumstances, to apprise Class Members of the pendency of the Action and of their right to 

object or exclude themselves from the proposed settlement, (iii) is reasonable and constitutes 

due, adequate, and sufficient notice to all persons entitled to receive notice, and (iv) meets all 

applicable requirements of law, including, but not limited to, Federal Rule of Civil Procedure 

23(c) and the Due Process Clause of the Fourteenth Amendment of the United States 

Constitution. 

9. Within thirty (30) days fro-m the entry of this Order, that being fiuj I~ , 2014, 

the Claims Administrator shall provide Notice of the Settlement to the Class Members, 

substantially in the form of Exhibit 1 to the Settlement Agreement, in accordance with paragraph 

4 of the Settlement Agreement. 

10. Within thirty (30) days from the entry of this Order, that date being /l'fJ If, 

2014, Notice of the Settlement shall be published on a website to be created, maintained, and 

established by the Claims Administrator. Class Members will be able to download from the 

website and print copies of the Settlement Agreement, Long-Form Notice (attached as Exhibit 2 

to the Settlement Agreement), and the Claim Form (attached as Exhibit 3 to the Settlement 

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Agreement). The website will also include the name, telephone number, and address of the 

Claims Administrator. 

11. Class Members wishing to submit a claim must submit a Valid Claim Form and 

Credible Evidence by First Class mail to the Claims Administrator, postmarked by the deadline 

set forth on the Short-Form Notice, which shall be 45 days after the date of issuance of the ShortForm Notice, pursuant to paragraph 6(b)(ii) of the Settlement Agreement. 

12. Any member of the Settlement Class may elect to be excluded from this 

Agreement by sending a letter to the Claims Administrator, postmarked within 45 days after the 

date on the Short-Form Notice, indicating that the member of the Settlement Class opts out of the 

Agreement. 

13. Any member of the Settlement Class who elects to be excluded shall not be 

entitled to receive any benefits of the Settlement, shall not be bound by the release of any claims 

pursuant to the Settlement Agreement, and shall not be entitled to object to the Settlement 

Agreement. 

14. Any Settlement Class Member who does not timely submit a Proper Opt-Out 

Request by the deadline set forth above or otherwise comply with the agreed upon Opt-Out 

procedure, shall be bound by all proceedings, orders, and judgments in this Action, even if such 

Class Members previously has initiated or subsequently initiates individual litigation against 

Defendant or other proceedings encompassed by the Release. 

15. Each Class Member who wishes to object to the Settlement, the award of 

attorney's fees and expenses, or to the incentive award to the Class Representative shall file a 

letter, within 45 days after the date on the Short-From Notice, providing the Settlement Class 

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Member's name, address, telephone number, and reason(s) for the objection, pursuant to 

paragraph 7(b) of the Settlement Agreement. 

16. Any Class Member who does not make an objection in the time and manner 

provided, shall be deemed to have waived such objection and forever shall be foreclosed from 

making any objection to the fairness or adequacy of the proposed settlement as incorporated into 

the Settlement Agreement, the payment of attorneys' fees and costs, or the Final Approval Order 

and Judgment. 

17. Any attorney hired by a Class Member, at the Class Member's expense, for the 

purpose of objecting to the Settlement Agreement, attorney's fees and expenses, or the Incentive 

Award shall file with the Clerk of Court, and provide to counsel for the proposed Class and 

Defendant, a notice of appearance. 

18. The Settlement Agreement and any and all negotiations, documents, and 

discussions associated with it, shall not be deemed or construed to be an admission of any 

violation of any statute, law, rule, or regulation, of any liability or wrongdoing by Defendant or 

the truth of any of the claims, and evidence relating to the Settlement Agreement shall not be 

discoverable or used, directly or indirectly, in any way, whether in the Class Action or in any 

other action or proceeding, except for purposes of demonstrating, describing, implementing or 

enforcing the terms and conditions of the Settlement Agreement. 

19. Not later than twenty-one days prior to the Fairness Hearing, the Claims 

Administrator shall serve on Class Counsel and Defendant's counsel (to be electronically filed 

by Class Counsel), an affidavit stating that the Class Notices have been issued in accordance 

with the Settlement Agreement and Preliminary Approval Order. 

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20. The Court may waive any of the time limits set forth herein for good cause 

shown. 

21. The Final Approval Hearing or "Fairness Hearing" shall be held on 

6c:;h bee '3o , 2014, at \'l'· '3 :In@ at the United States District Court for the District of New 

Jersey, in the Courtroom of the Honorable Tonianne J. Bongiovanni, U.S.M.J., Clarkson S. 

Fisher Building & U.S. Courthouse, 402 East State Street, Courtroom 6E, Trenton, New Jersey 

071 0:1, to consider whether the Class meets the requirements for final certification under Federal 

Rules of Civil Procedure 23(a), (b)(3), (c)(2) and the United States Constitution, to evaluate the 

fairness, reasonableness, and adequacy of the proposed settlement and whether it should be 

finally approved by the Court pursuant to Federal Rule of Civil Procedure 23( e), and any 

incentive award to the Class Representative should be approved. 

22. All Class Members are preliminarily enjoined, pending final certification and 

approval of the proposed settlement, from: (a) filing, commencing, prosecuting, intervening in, 

or participating as plaintiff, claimant, or class member in any other lawsuit or administrative, 

regulatory, arbitration, or other proceeding in any jurisdiction, against the Defendant, based on, 

relating to, or arising out of the claims and causes of action, or the facts and circumstances 

relating thereto, in this Action; and (b) attempting to effect the opt-out of any Class Members. 

23. Either jointly or separately, Class Counsel and Defendant's counsel may file a 

brief in support of the Settlement Agreement prior to the Fairness Hearing. Any submission 

must be filed no later than seven (7) days prior to the Fairness Hearing. 

SO ORDERED. 

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