UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

NICHOLAS FITZGERALD, on behalf of 

himself and all others similarly situated, 

Plaintiff, 

v. 

GANN LAW BOOKS, GANN LEGAL 

EDUCATION FOUNDATION, INC., and 

MICHAEL PROTZEL, 

Defendants. 

Civ. No. 2: 11-04287(KM)(SCM) 

FINAL ORDER AND 

JUDGMENT 

THIS MATTER having come before the Court for a hearing on November 

13, 2014, pursuant to the Order of this Court dated April 25, 2014, as 

amended by Order dated May 6, 2014 (the "Preliminary Approval Order"), 

preliminarily approving the settlement set forth in the Settlement Agreement 

dated March 12, 2014 (the "Settlement Agreement"); and it appearing that 

proper and adequate notice has been given to the Settlement Class 

substantially in the form approved by the Court; and the Court having 

considered all papers filed and proceedings had herein; and good cause 

appearing for the making and granting of this Final Order and Judgment; on 

application of the parties for final approval of the Settlement Agreement: 

IT IS on this 17th day of December, 2014 

ORDERED that 

1. Capitalized terms used in this Order have the meanings ascribed to them 

in the Settlement Agreement and this Final Order and Judgment. 

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

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over all the parties to this Litigation, including all members of the 

Settlement Class. 

3. Pursuant to FED R. C1v. P. 23, the Court hereby certifies the following 

Settlement Class: 

All persons in the United States who, during the period of July 26, 

2007 through July 26, 2011 were owners of facsimile numbers to 

which were sent or caused to be sent one or more facsimile 

advertisements by Defendants Gann Law Books, Inc. and/or Gann 

Legal Education Foundation, Inc., their officers, directors, employees, 

agents, vendors, or contractors. Excluded from membership in the 

Settlement Class are the following: (a) Defendants and their affiliates, 

including employees and immediate family members; and (b) persons 

who have validly opted to exclude themselves from the Settlement 

Class as reflected in Paragraph 7 below. 

4. The notice given to the Settlement Class, as set forth in the Preliminary 

Approval Order, was the best notice practicable under the circumstances 

and fully satisfied the requirements of FED R. C1v. P. 23, due process of 

law, and any other applicable law. 

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

that: (a) the members of the Settlement Class are so numerous that 

joinder of all Settlement Class members in the Litigation is impracticable; 

(b) there are questions of law and fact common to the Settlement Class 

which predominate over any individual questions; (c) the claims of the 

class representative are typical of the claims of the Settlement Class; (d) 

the class representative and his counsel have fairly and adequately 

represented and protected the interests of all of the Settlement Class 

members; and (e) a class action is superior to other methods for the fair 

and efficient adjudication of the matter. 

6. The Court does hereby approve the Settlement Agreement and the 

Settlement set forth therein and finds that said Settlement is, in all 

respects, fair, reasonable, and adequate to the Settlement Class, and the 

parties are hereby directed to consummate the Settlement in accordance 

with the terms of the Settlement Agreement. 

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7. Ned P. Rogovy has filed a written request to be excluded from the 

Settlement and has therefore opted out. 

8. The Plaintiff and each of the Settlement Class members shall be deemed 

to have, and by operation of this Final Order and Judgment shall have, 

fully, finally, and forever released, relinquished and discharged all 

Released Claims against all Released Defendant Parties as set forth in 

the Settlement Agreement. 

9. All Settlement Class members are forever barred and enjoined, whether 

acting directly, representatively, derivatively or in any other capacity, 

from commencing, prosecuting, or participating in (actively or inactively) 

any action or proceeding in any court or tribunal asserting any of the 

Released Claims against any of the Released Defendant Parties. 

10. The Settlement Class Counsel's application for attorneys' fees, 

costs, and reimbursement of expenses is granted in the amount of 

$421,577.00 in attorneys' fees and $15,600.00 for costs and expenses, 

and shall be paid in accordance with the terms of the Settlement 

Agreement. 

11. Within sixty (60) days of the Effective Date as defined in the 

12. 

Settlement Agreement, Defendants shall deposit the Cash Fund into a 

qualified settlement fund maintained by the Claims Administrator. Under 

no circumstances shall Defendants be obligated to pay more than the 

Cash Fund, as that term is defined in the Settlement Agreement. 

a. Within ninety (90) days of the Effective Date, the Claims 

Administrator shall effectuate distribution of the Cash Fund to the 

participating Settlement Class members by mailing checks via first 

class mail to each participating Settlement Class member who has 

timely returned a valid Claim Form, in accordance with iii! lO(a) 

and lO(b) of the Settlement Agreement. Each check shall be in the 

amount of the respective participating Class Member's claim share, 

which shall be calculated in accordance with the terms set out in 

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the Settlement Agreement. If any Settlement Class member fails to 

cash a settlement check within 180 days after the date on the 

check, the Claims Administrator may stop payment or decline to 

honor the check (this limitation will appear on the check), and the 

Administrator and Defendants shall be released from any 

obligation to pay monetary relief to such member of the Settlement 

Class. Any such funds that remain unpaid shall be distributed as 

the Court shall order. 

b. Also within ninety (90) days of the Effective Date, the Claims 

Administrator shall effectuate distribution of the Net Adjusted 

Cash Fund, as defined in ii lO(c) of the Settlement Agreement. The 

Claims Administrator shall mail checks via first class mail to each 

Class member whose claim was deemed valid as provided in 

ii 8(a)(iii) of the Settlement Agreement. Each check shall be in the 

amount of the respective participating share, as described in 

ii lO(c) of the Settlement Agreement. The Claims Administrator 

shall make every effort to properly deliver checks to class 

members. If any Settlement Class member fails to cash a 

settlement check within 180 days after the date on the check, the 

Claims Administrator may stop payment or decline to honor the 

check (this limitation will appear on the check), and the 

Administrator and Defendants shall be released from any 

obligation to pay monetary relief to such member of the Settlement 

Class. Any such funds that remain unpaid shall be distributed as 

the Court shall order. 

13. The Claims Administrator will transmit all valid MCLE Claim 

Forms to Defendants for purposes of providing MCLE programs to those 

designated in such Claim Forms. Defendants will cause all persons 

designated in such Claim Forms to be subscribed to the MCLE programs 

described in the Settlement Agreement. Confirming emails will be sent 

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using the email addresses provided in the Claim Forms, which emails 

will confirm the subscription to the MCLE programs and provide 

instructions regarding the manner in which the programs may be 

completed online and the manner in which certificates reflecting the 

MCLE credits earned will be transmitted to each subscriber. 

14. An Incentive Award in the amount of $5,000.00 is awarded to 

Plaintiff Class Representative. The Incentive Award shall be distributed 

by the Claims Administrator in a separate check mailed at the time of 

distribution of the Cash Fund, and shall be reported by the Claims 

Administrator to state and federal taxing authorities as non-wage income 

on IRS Form 1099. 

15. Upon the Effective Date, the Class Representative and every 

Settlement Class member who did not properly and timely submit a valid 

opt-out form shall be bound by the Release as defined in the Settlement 

Agreement, and this Final Order and Judgment will have the force and 

effect of res judicata as to them. 

16. The Settlement is not an admission by Defendants nor is this Final 

Order and Judgment a finding of the validity of any claims in the 

Litigation or any wrongdoing by Defendants. Further, the Settlement is 

not an admission nor is this Final Order and Judgment a finding that the 

certification of the Settlement Class is proper for any purpose or 

proceeding other than for purposes of the Settlement. Neither the 

Settlement Agreement, nor any document, statement, proceeding or 

conduct related to the Settlement Agreement, nor any reports or 

accounting of those matters, will be: (i) construed as, offered or admitted 

in evidence as, received as, or deemed to be evidence for any purpose 

adverse to Defendants, including, but not limited to, evidence or a 

presumption, concession, indication or admission by Defendants of any 

liability, fault, wrongdoing, omission, concession or damage; or (ii) 

disclosed, referred to or offered in evidence against Defendants, in any 

further proceeding in the Litigation, or any other civil, criminal, or 

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administrative action or proceeding except for purposes of effectuating 

the Settlement. However, the Settlement Agreement may be admitted in 

evidence and otherwise used in any and all proceedings to enforce any or 

all terms of the Settlement or in defense of any claims released or barred 

by the Settlement. 

17. The claims alleged in Plaintiffs Complaint filed in the Litigation are 

hereby dismissed with prejudice and without costs for or against any 

party except as otherwise provided in this Final Order and Judgment, 

provided, however, and without affecting the finality of this Final Order 

and Judgment in any way, this Court retains jurisdiction over the 

interpretation, implementation, administration, and enforcement of the 

terms of the Settlement. 

18. In the event that the Settlement does not become final in 

accordance with the terms of the Settlement Agreement, then this Final 

Order and Judgment shall be rendered null and void to the extent 

provided by and in accordance with the Settlement Agreement and shall 

be vacated and, in such event, all orders entered and releases delivered 

in connection herewith shall be null and void to the extent provided by 

and in accordance with the Settlement Agreement. 

Kevin McNul 

U.S. District Judge 

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