Nyree Belton v. GE Capital Consumer Lending, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Nyree Belton v. GE Capital Consumer Lending, Inc.

Nyree Belton v. GE Capital Consumer Lending, Inc.

Case Number:	7:2021cv09492
Filed:	November 18, 2021
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Nature of Suit:	Bankruptcy Withdrawal
Cause of Action:	28 U.S.C. § 157 Motion to Withdraw Reference

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Date Filed	Document Text
February 10, 2022	Filing 17 DECISION AND ORDER WITHDRAWING THE BANKRUPTCY REFERENCE, FINALLY APPROVING THE SETTLEMENT, AND GRANTING PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND RELATED COSTS re: 10 MOTION for Attorney Fees Expenses, and Incentive Award Pay ments. filed by Nyree Belton, 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 14-8223A, 12-B-23037 (RDD). filed by Nyree Belton, 6 MOTION to Approve Final Approval of Settlement . filed by Nyree Belton. It is hereby ordered that: 1. The Settlement Agreement is incorporated by reference in this Decision and Order as though fully set forth herein. All capitalized terms used herein shall have the meanings set forth in the Settlement Agreeme nt. 2. Class Counsel is hereby awarded fees and expenses of $2,000,000.00, which sum the court finds to be fair and reasonable. In making this award, as set forth fully above, this court has considered and found that: (a) the Notice advised that Class Counsel would move for an award of fees and expenses of up to $2,000,000.00, no objections were filed with respect to the award of the fees and expenses disclosed in the Class Notice, and Defendant did not oppose the award; as further set forth herein. The court finds that an award to the Class Representative for her time and effort in representing the Class in the prosecution of the action is fair and reasonable, and thus awards the Class Representative an incentive award in the am ount of $10,000.00. The incentive award shall be paid from the Settlement Fund consistent with the terms of the Settlement Agreement. For all of the reasons discussed above: (1) the motion to withdraw the bankruptcy reference is GRANTED; (2) th e court affirms certification of the Settlement Class and designation of the Class Representative and Class Counsel is affirmed; (3) the motion for final approval of the Settlement Agreement is GRANTED; and (4) the motion for an award of attorney 9;s fees, costs, and an incentive fee payment is GRANTED. And pursuant to the terms of the Settlement Agreement, the underlying action against GE Money Bank is hereby terminated with prejudice. This constitutes the decision and order of the court. It is a written opinion. The Clerk of Court is respectfully directed to terminate the motions at Docket Numbers 1, 6, and 10. (Signed by Judge Colleen McMahon on 2/10/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
November 18, 2021	Filing 3 ORDER: The Court has set the following briefing schedule on this Bankruptcy appeal. Appellant's brief is due January 3, 2022; Appellees' opposition brief is due February 14, 2022; Appellant's reply brief is due March 7, 2022. ( Appellant Brief due by 1/3/2022, Appellant Reply Brief due by 3/7/2022, Appellee Brief due by 2/14/2022.) (Signed by Judge Colleen McMahon on 11/18/2021) (ate)

Date Filed

Document Text

February 10, 2022

Filing 17 DECISION AND ORDER WITHDRAWING THE BANKRUPTCY REFERENCE, FINALLY APPROVING THE SETTLEMENT, AND GRANTING PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND RELATED COSTS re: 10 MOTION for Attorney Fees Expenses, and Incentive Award Pay ments. filed by Nyree Belton, 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 14-8223A, 12-B-23037 (RDD). filed by Nyree Belton, 6 MOTION to Approve Final Approval of Settlement . filed by Nyree Belton. It is hereby ordered that: 1. The Settlement Agreement is incorporated by reference in this Decision and Order as though fully set forth herein. All capitalized terms used herein shall have the meanings set forth in the Settlement Agreeme nt. 2. Class Counsel is hereby awarded fees and expenses of $2,000,000.00, which sum the court finds to be fair and reasonable. In making this award, as set forth fully above, this court has considered and found that: (a) the Notice advised that Class Counsel would move for an award of fees and expenses of up to $2,000,000.00, no objections were filed with respect to the award of the fees and expenses disclosed in the Class Notice, and Defendant did not oppose the award; as further set forth herein. The court finds that an award to the Class Representative for her time and effort in representing the Class in the prosecution of the action is fair and reasonable, and thus awards the Class Representative an incentive award in the am ount of $10,000.00. The incentive award shall be paid from the Settlement Fund consistent with the terms of the Settlement Agreement. For all of the reasons discussed above: (1) the motion to withdraw the bankruptcy reference is GRANTED; (2) th e court affirms certification of the Settlement Class and designation of the Class Representative and Class Counsel is affirmed; (3) the motion for final approval of the Settlement Agreement is GRANTED; and (4) the motion for an award of attorney 9;s fees, costs, and an incentive fee payment is GRANTED. And pursuant to the terms of the Settlement Agreement, the underlying action against GE Money Bank is hereby terminated with prejudice. This constitutes the decision and order of the court. It is a written opinion. The Clerk of Court is respectfully directed to terminate the motions at Docket Numbers 1, 6, and 10. (Signed by Judge Colleen McMahon on 2/10/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.

November 18, 2021

Filing 3 ORDER: The Court has set the following briefing schedule on this Bankruptcy appeal. Appellant's brief is due January 3, 2022; Appellees' opposition brief is due February 14, 2022; Appellant's reply brief is due March 7, 2022. ( Appellant Brief due by 1/3/2022, Appellant Reply Brief due by 3/7/2022, Appellee Brief due by 2/14/2022.) (Signed by Judge Colleen McMahon on 11/18/2021) (ate)

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