Final Class Certification. The Settlement Class that this Court previously certified in its Order of Preliminary Approval is hereby finally certified for settlement purposes
Final Class Certification. The Court again finds that the Action satisfies the applicable prerequisites for class action treatment, namely:
(1) the Settlement Classes are so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the Settlement Classes;
(3) Plaintiff’s claims are typical of the claims of the Settlement Classes;
(4) Plaintiff will fairly and adequately protect the interests of the Settlement Classes;
(5) for purposes of determining whether the settlement is fair, reasonable and adequate, common questions of law and fact predominate over questions affecting only individual Settlement Class Members. Accordingly, the Settlement Classes are sufficiently cohesive to warrant settlement by representation; and,
(6) certifying the Settlement Classes is superior to other available methods for the fair and efficient adjudication of the controversy. The Court finds that the Settlement of the Action, on the terms and conditions set forth in the Agreement, is in all respects fundamentally fair, reasonable, adequate, and in the best interests of the Settlement Class Members, especially in light of the benefits to the Settlement Class Members, the strength of the Plaintiff’s case, the complexity, expense and probable duration of further litigation, the risk and delay inherent in possible appeals, and the risk of collecting any judgment obtained on behalf of the class. The Court further finds the Settlement avoids prolonged litigation and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provides the Settlement Class with an opportunity for the benefits of a class-wide settlement in the present rather than an uncertain outcome in the future. The Court also finds each side possessed sufficient information with which to evaluate the merits of the case and determine that settlement was appropriate in light of the risks. As such, the parties’ negotiations, and in turn the Settlement, were based on realistic, independent assessments of the merits of the claims and defenses in this case.
Final Class Certification. The Court finds that the Settlement Class satisfies the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23, namely:
A. The Class Members are so numerous that joinder of all of them in the Lawsuit is impracticable;
B. There are questions of law and fact common to the Class Members, which predominate over any individual questions;
C. The claims of the Plaintiff are typical of the claims of the Class Members;
D. The Plaintiff and Class Counsel have fairly and adequately represented and protected the interests of all of the Class Members; and
E. Class treatment of these claims will be efficient and manageable, thereby achieving an appreciable measure of judicial economy, and a class action is superior to other available methods for a fair and efficient adjudication of this controversy.
Final Class Certification. The Court finds that the Action satisfies 25 the applicable prerequisites for class action treatment under California Code of 26 Civil Procedure § 382, for settlement purposes. The Court finds that the 27 settlement of the Action, on the terms and conditions set forth in the 1 Agreement, is in all respects fundamentally fair, reasonable, adequate, and in 2 the best interests of the Settlement Class Members, especially in light of the 3 benefits to the Settlement Class Members, the strength of the Plaintiff’s case, 4 the complexity, expense and probable duration of further litigation; the risk 5 and delay inherent in possible appeals; and the risk of collecting any judgment 6 obtained on behalf of the class.
Final Class Certification. The Court finds that the Action satisfies 7 the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23, 8 for settlement purposes. The Court finds that the settlement of the Action, on 9 the terms and conditions set forth in the Settlement Agreement, is in all 10 respects fundamentally fair, reasonable, adequate, and in the best interests of 11 the Settlement Class Members, especially in light of the benefits to the 12 Settlement Class Members, the strength of the Plaintiff’s case, the complexity, 13 expense and probable duration of further litigation, the risk inherent at trial 14 and of collecting any judgment obtained on behalf of the class.
Final Class Certification. The Court again finds that the Action satisfies the 24 applicable prerequisites for class action treatment, namely:
25 (1) the Settlement Class is so numerous that joinder of all members is 26 impracticable;
27 (2) there are questions of law or fact common to the Settlement Class;
28 (3) Plaintiff’s claims are typical of the claims of the Settlement Class;
Final Class Certification. The Court finds that the Action satisfies 18 the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23, 19 for settlement purposes under Fed. R. Civ. P. 23(b)(3). The Court finds that the 20 Settlement of the Action, on the terms and conditions set forth in the Agreement, 21 is in all respects fundamentally fair, reasonable, adequate, and in the best interests 22 of the Class Members, especially in light of the benefits to the Class Members, 23 the strength of Plaintiff’s case, the complexity, expense and probable duration of 24 further litigation, the risk and delay inherent in possible appeals, and the risk of 25 collecting any judgment obtained on behalf of the class.
Final Class Certification. The Settlement Class, which this Court previously certified preliminarily, is hereby finally certified for settlement purposes under Federal Rule 23, the Court finding that the Settlement Class fully satisfies all of the applicable requirements of Federal Rule 23 and due process. The Settlement Class is defined as follows: Those persons who:
(1) Obtained a motor vehicle loan or financing from Kansas Teachers Community Credit Union in conjunction with a “Portfolio Management Program” administered by Centrix Financial, LLC; and
(2) Who obtained a Missouri Certificate of Title for that motor vehicle identifying Kansas Teachers Community Credit Union as the lienholder; and
(3) Had said motor vehicle repossessed.
Final Class Certification. The Court finds the Class satisfies all applicable 24 requirements of Code of Civil Procedure Section 382, California Rule of Court 3.769, and due 25 process. Accordingly, the Court certifies for settlement purposes a Class consisting of all persons in 26 the United States or its territories who purchased any Elixir Product for personal, family, household, 27 or professional purposes between June 1, 2019 and the date of the entry of an order granting 28 preliminary approval to the Settlement Agreement excluding (a) any individuals who have pending 1 litigation against Elixir; (b) any Settlement Class Members who file a timely request for exclusion;
