SETTLEMENT AGREEMENT AND RELEASESettlement Agreement • October 3rd, 2012 • Wisconsin
Contract Type FiledOctober 3rd, 2012 JurisdictionThis Settlement Agreement and Release (“Agreement”) is made and entered into this 26th day of September, 2012, by and among Jeffrey M. Eno and Suzanne M. Cox (“Plaintiffs”), for themselves and on behalf of the Settlement Class, and BMO Harris Bank, N.A., f/k/a M & I Marshall & Ilsley Bank (“M & I Bank”), subject to the Court’s preliminary and final approval as required by Rule 23 of the Federal Rules of Civil Procedure. As provided herein, M & I Bank, Class Counsel and Plaintiffs hereby stipulate and agree that, in consideration of the promises and covenants set forth in this Agreement and upon entry by the Court of a Final Order and Judgment, all claims of the Settlement Class against M & I Bank in the actions titled In Re: Checking Account Overdraft Litigation, Case No. 1:09-md-02036-JLK; Eno v. M & I Marshall & Ilsley Bank, M.D. FL Case No. 2:10-376, and S.D. Fla. Case No. 1:10-civ-22730-JLK, shall be settled, compromised, and dismissed upon the terms and conditions contained herein