February 15, 2022 |
Filing
201
ORDER: It is hereby ORDERED that, by February 22, 2022, the parties shall file either the joint letter providing a final accounting or a joint letter providing (1) an update on the status of the distribution and (2) a proposed deadline for filing the joint letter providing a final accounting. (Signed by Judge Lorna G. Schofield on 2/15/2022) (vfr)
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December 2, 2020 |
Filing
200
CLERK'S RULE 54(b) JUDGMENT re: 198 Order. in favor of Tawanna M. Roberts against Capital One, N.A.. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Final Approval Order dated December 1, 2020, A pproving Class ActionSettlement, the action is dismissed with prejudice, on the merits, and without taxation of costs infavor or against any party. There being no just reason for delay, final judgment is entered pursuantto Rule 54(b) of the Federal Rules of Civil Procedure See the attached Final Approval OrderApproving Class Action Settlement, Doc.#198. (Signed by Clerk of Court Ruby Krajick on 12/2/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Modified on 12/2/2020 (dt).
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December 1, 2020 |
Filing
198
FINAL APPROVAL ORDER APPROVING CLASS ACTION SETTLEMENT: IT IS HEREBY ORDERED AND ADJUDGED as follows: This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. Th is Order incorporates the definitions in the Settlement Agreement, and all capitalized terms used in this Order have the same meanings as set forth in the Settlement Agreement, unless otherwise defined herein. The Notice provided to the Settlement Class in accordance with the Preliminary Approval Order was the best notice practicable under the circumstances, and constituted due and sufficient notice of the proceedings and matters set forth therein, to all persons entitled to notice. The Noti ce fully satisfied the requirements of due process, Federal Rule of Civil Procedure 23, and all other applicable law and rules. Upon the entry of this Order, the Class Representative and all Settlement Class Members shall be enjoined and barred fro m asserting any claims against Capital One and the Released Parties arising out of, relating to, or in connection with the Released Claims. There being no just reason for delay, the Clerk of Court is hereby directed to enter final judgment forthwith pursuant to Rule 54(b) of the Federal Rules of Civil Procedure and further set forth in this Order. (Signed by Judge Lorna G. Schofield on 12/1/2020) (rro) Transmission to Orders and Judgments Clerk for processing.
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November 10, 2020 |
Filing
196
ORDER: It is hereby ORDERED that by November 12, 2020, Plaintiffs shall certify that the settlement administrator notified class members whose opt-out requests of the reasons for such rejections, as well as their inclusion in the class. (Signed by Judge Lorna G. Schofield on 11/10/2020) (va)
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October 29, 2020 |
Filing
195
ORDER: It is hereby ORDERED that by November 5, 2020, Plaintiffs shall file: (1) An updated chart accounting for all actual and proposed disbursements of the gross settlement amount, with a courtesy copy in Excel format emailed to Schofield_NYSDC hambers@nysd.uscourts.gov. (2) An updated proposed final approval order, with a courtesy copy in Word format emailed to Schofield_NYSDChambers@nysd.uscourts.gov. (3) Any published empirical data demonstrating typical attorneys' fees a s a percentage of class settlement for cases with comparable settlement amounts. It is further ORDERED that Plaintiffs shall direct the settlement administrator to notify the class members whose opt-out requests were rejected of the reasons for such rejections, as well as whether they are included in the class. Plaintiffs shall certify such notification is complete by November 5, 2020. (Signed by Judge Lorna G. Schofield on 10/29/2020) (ks)
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October 28, 2020 |
Filing
193
ORDER: WHEREAS, the Final Approval Hearing in this matter is scheduled for October 29, 2020, at 10:50 a.m. (Dkt. No. 176). It is hereby ORDERED that the Final Approval Hearing is adjourned to October 29, 2020 at 11:30 a.m. The Final Approval Hearing will be conducted via remote videoconference as specified in Docket No. 192. ( Telephone Conference set for 10/29/2020 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/28/2020) (cf)
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October 13, 2020 |
Filing
191
ORDER: WHEREAS, the Final Approval Hearing in this matter is scheduled for October 29, 2020, at 10:50 a.m. (Dkt. No. 176). It is hereby ORDERED that the Final Removal Hearing will be held remotely. If the parties wish to conduct the hearing via vi rtual videoconferencing technology, then they shall file a joint letter by October 16, 2020, setting forth the logistics of such technology. If the parties do not file such letter, the Final Approval Hearing will be held on the following conference call line: 888-363-4749, access code 558-3333. ( Telephone Conference set for 10/29/2020 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/13/2020) (cf)
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January 3, 2020 |
Filing
165
ORDER: WHEREAS, a preliminary settlement approval hearing is scheduled for January 7, 2020, at noon in Courtroom 110. It is hereby ORDERED that the January 7, 2020, 12:00 p.m. preliminary approval hearing will instead take place an hour earlier on January 7, 2020, at 11:00 a.m., in Courtroom 1106, 40 Foley Square. The hearing no longer will take place in Courtroom 110. (Status Conference set for 1/7/2020 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/3/2020) (cf)
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May 4, 2017 |
Filing
41
OPINION AND ORDER: re: 18 MOTION to Dismiss filed by Capital One Financial Corporation. For the foregoing reasons, Defendant Capital One, N.A.'s motion to dismiss is GRANTED. Defendant's motion for oral argument is DENIED as moot. The Clerk of Court is directed to close the motion at Docket No. 18 and close this case. SO ORDERED (Signed by Judge Lorna G. Schofield on 5/04/2017) (ama)
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