similarly situated,

Plaintiff,

V. ORDER

GANN LAW BOOKS, INC., GANN

LEGAL EDUCATION

FOUNDATION, INC. and MICHAEL

PROTZEL,

Defendants.

MCNULTY, District Judge.

WHEREAS, the Plaintiff and Defendants have entered into a Settlement

Agreement intended to resolve the litigation currently pending in this Court

against Defendants arising out of Defendants’ alleged violation of (A) the

Telephone Consumer Protection Act (“TCPA”), as amended, 47 U.S.C. § 227, as

well as related Federal Communications Commission regulations, and (B)

N.J.S.A. 56:8-158, et seq. as it relates to the sending of unsolicited facsimiles,

allegedly violating recipients’ privacy rights and unlawfully converting property;

and

WHEREAS, the Settlement Agreement sets forth the terms and conditions

for a proposed settlement and dismissal with prejudice of this action against the

Defendants; and

WHEREAS, the Court has before it Plaintiff’s Motion for Certification of

Settlement Class and Preliminary Approval of Class Settlement (Docket No. 82),

together with the Settlement Agreement and its attached Exhibits (Docket No.

82-1 1), Defendants’ letter of April 4, 2014 joining in Plaintiff’s request for

preliminary approval (Docket No. 84); and
IT IS on this 25th day of April 2014 ORDERED as follows:

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

them in the Settlement Agreement and this Order.

2. The terms of the parties’ Settlement Agreement are hereby conditionally

approved, subject to further consideration thereof at the Final Approval Hearing

provided for below. The Court finds that the Settlement is sufficiently within the

range of reasonableness and that notice of the proposed settlement should begiven as provided in this Order and the terms of the Settlement Agreement.

3. The Court conditionally 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.4. The Court further conditionally finds that Plaintiff Nicholas

Fitzgerald is an adequate class representative for the Settlement Class.

5. The Court further conditionally finds that Plaintiff’s counsel are

adequate to serve as Class Counsel and conditionally appoints the following as

counsel for the class:

Bellin & Associates LLC

Aytan Y. Bellin

85 Miles Avenue

White Plains, NY 10606

Schiam Stone & Dolan, LLP

Jeffrey M. Eilender

26 Broadway

New York, NY 10004
7. The manner of notice set forth in Section 6 of the Settlement Agreement

and notices in the form of, or substantially similar to, the form of notices

attached as Exhibit B and C to the Settlement Agreement are hereby approved

and the provisions thereof are hereby incorporated into this Order. Upon entry

of this Order, the parties are directed to ensure that the notices are

disseminated according to the terms and schedule set forth in Section 6 of the

Settlement Agreement. Settlement Class members may request exclusion from

the Settlement, object to the Settlement, or file a Claim Form to participate in

the Settlement as described in the Settlement Agreement on or before the date

ninety (90) days after the date on the Summary Notice. Prior to the Final

Approval Hearing, Plaintiff and/or the Claims Administrator shall serve and file

a sworn statement attesting to compliance with the provisions of this paragraph.

8. Any person who does not elect to be excluded from the Settlement

Class may, but need not, enter an appearance through his, her, or its own

attorney. Settlement Class members who do not enter an appearance throughtheir own attorneys will be represented by Class Counsel.

9. The notices to be provided as set forth in the Settlement Agreement are

hereby found to be the best practicable means of providing notice under thecircumstances and, when completed, shall constitute due and sufficient notice

of the proposed Settlement and the Final Approval Hearing to all persons and

entities affected by and/or entitled to participate in the Settlement, in full

compliance with the notice requirements of Fed. R. Civ. P. 23, due process, the

Constitution of the United States, the law of New Jersey and all other applicable

laws. The notices are accurate, objective, informative, and provide members of

the Settlement Class with all the information necessary to make an informeddecision regarding their participation in the Settlement and its fairness.

10. The Plaintiff and his counsel are authorized to retain Tilghman & Co.,

P.C. to serve as the Claims Administrator in accordance with the terms of the

Settlement Agreement and this Order.

11. Any member of the Settlement Class who wishes to be excluded from
owned by the Settlement Class member during the Class Period, and shall be

postmarked no later than the date twenty-one (21) days prior to Final Approval

Hearing. If, however, the Settlement Class member submits a timely Claim

Form, the Settlement Class member’s opt-out request will be void.

12. Any member of the Settlement Class who does not properly and

timely request exclusion shall be bound by all the terms and provisions of the

Settlement Agreement, whether or not such person objected to the Settlement

and whether or not such person made a claim upon, or participate in, the

Cash Fund or the Continuing Legal Education webinars pursuant to the

Settlement Agreement. In the event the Court grants final approval of the

Settlement, all members of the Settlement Class who do not personally and

timely request to be excluded will be enjoined from proceeding against the

Defendants for the claims in the Complaint.

13. Any person who does not elect to be excluded from the Settlement

may, but need not, submit comments or objections to the proposed

Settlement, entry of Final Order and Judgment approving the Settlement,

Settlement Class Counsel’s application for fees, costs, and reimbursement of

expenses, or Class Representative’s request for an Incentive Award by serving

a written objection.

14. Any individual making an objection (“Objector”) must sign the

objection personally. To object, a Settlement Class member must file with the

Court and serve on counsel for the parties a written statement describing the

Settlement Class member’s reasons for objection to the Settlement no later than

twenty-one (21) days prior to the Final Approval Hearing. No person shall be

entitled to be heard at the Final Approval Hearing (whether individually or

through separate counsel) or to object to the Settlement, and no writtenobjections or briefs submitted by any person shall be received or considered by

the Court at the Final Approval Hearing, unless such written statement of

objections and supporting materials are timely filed and served as set forthherein.

15. Any objection must state the Objector’s full name and address as well
one Settlement Class member, counsel must identify each such Settlement

Class member, and each Settlement Class member must have complied with therequirements of this Order and the provisions of the Settlement Agreement.

17. A hearing on Final Approval of the Settlement (the “Final Approval

Hearing”) is hereby scheduled to be held before this Court on October 16, 2014

at 10:00 a.m. to consider the fairness, reasonableness, and adequacy of the

proposed Settlement, the dismissal with prejudice of the Litigation with respectto Defendants herein, and the entry of final judgment in the Litigation.

18. Settlement Class Counsel’s application for award of attorney’s fees,

costs, and reimbursement of expense, and the Settlement Class

Representative’s application for an Incentive Award shall be heard at the time ofthe Final Approval Hearing. Any application for an award of such attorney’sfees, costs, and reimbursement of expenses, and any application for anIncentive Award shall be filed with the Court on or before the date twenty-eight

(28) days prior to the Final Approval Hearing.

19. The date and time for the Final Approval Hearing shall be set forth

in the Long Form Notice, but the Final Approval Hearing shall be subject to

adjournment by the Court without further notice to the members of the

Settlement Class other than that which may be posted by the Court.

20. Only Settlement Class members who have filed and served valid and

timely notices of objection shall be entitled to be heard at the Final Approval

Hearing. Any Settlement Class member who does not timely file and serve anobjection in writing to the Settlement, entry of Final Judgment, or to Settlement

Class Counsel’s application for fees, costs, and reimbursement of expenses or tothe Incentive Award proposed for the Settlement Class Representative, inaccordance with the procedure set forth in the Long Form Notice and mandated

in this Order, shall be deemed to have waived any such objection by appeal,

collateral attack, or otherwise.

21. Each and every time period and provision of the Settlement Agreement

shall be deemed incorporated herein as if expressly set forth and shall have the
Settlement Class, as well as administering the Settlement Agreement, shall

be paid as set forth in the Settlement Agreement.

23. If the Settlement Agreement is terminated or not consummated for

any reason whatsoever, the conditional certification of the Settlement Class

shall be void and the Defendants, pursuant to the terms of the Settlement

Agreement, shall have reserved all of their rights to oppose any and all class

certification motions, to contest the adequacy of plaintiff as representative of

any putative class, and to contest the adequacy of Plaintiff’s counsel as

adequate Class Counsel. Additionally, Plaintiff, pursuant to the terms of the

Settlement Agreement, reserves all of his rights, including the right to

continue with the litigation pending at the time of the settlement should the

Settlement Agreement not be consummated.

24. For all the reasons stated in the Plaintiff’s Motion for Certification of

Settlement Class and Preliminary Approval of Class Settlement, immediately

following the entry of this Order, all members of the Settlement Class shall be

enjoined pursuant to 28 U.S.C. § 1651(a) from initiating or proceeding with anyand all suits, actions, causes of action, claims, or demands in federal or state

court based on putative violations of the TCPA or any state or local law

(including, statutory, regulatory, and common law) pertaining to receipt of

facsimile advertisements, including without limitation all claims that were or

could have been asserted in the Litigation within the applicable proposed Class

Period. This injunction shall remain in effect through the dismissal of the

Litigation, as defined herein.

Kevin McNulty

United States District Judg