WALLACE v. GREYSTAR REAL ESTATE PARTNERS, LLC et al
| KATRINA WALLACE |
| GREYSTAR REAL ESTATE PARTNERS, LLC, GREYSTARY GP II, LLC, GREYSTAR MANAGEMENT SERVICES, L.P., GREYSTAR RS NATIONAL, INC., GREYSTAR RS SE, LLC and INNESBROOK APARTMENTS, LLC |
| 1:2018cv00501 |
| June 13, 2018 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| L. PATRICK AULD |
| LORETTA C. BIGGS |
| Other Contract |
| 28 U.S.C. ยง 1446 |
| Plaintiff |
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Filing
205
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 8/29/2022; that Plaintiffs' Motion for Final Approval of Class Settlement, (ECF No. 199 ), and an Unopposed Motion for Attorneys' Fees, Reimb ursement of Expenses, and Service Awards for the Class Representatives, (ECF No. 202 ), are GRANTED. FURTHER ORDERED that Pursuant to Rule 23 of Federal Rules of Civil Procedure, the Court hereby finally approves in all respects the Settlement set f orth in the Settlement Agreement, and finds that the Settlement, the Settlement Agreement, and the plan of distribution of the Settlement funds are in all respects fair, reasonable, and adequate, and are in the best interest of the Settlement Classe s. FURTHER ORDERED that Class Counsel is hereby awarded attorneys' fees in the amount of $1,555,000 to be paid from the Monetary Award as set forth in the manner described in Settlement Agreement, which amount the Court finds to be fair and reasonable. FURTHER ORDERED that Class Counsel are awarded a reimbursement of their expenses of $24,893.92 to be paid from the Monetary Award. FURTHER ORDERED that Katrina Wallace is hereby awarded a reasonable service award of $10,000 to be paid from the Monetary Award. FURTHER ORDERED that by reason of the settlement, and there being no just reason for delay, the Court hereby enters final judgment in this matter and all claims alleged by Plaintiff are dismissed with prejudice. FUR THER ORDERED that, without affecting the finality of this judgment, the Court retains continuing and exclusive jurisdiction over all matters relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement a nd of this Final Order and Judgment, to protect and effectuate this Final Order and Judgment, and for any other necessary purpose. FURTHER ORDERED that pursuant to the terms of the Settlement Agreement, this action is DISMISSED with prejudice as aga inst the Class Representative, all members of the Settlement Classes and the Defendants. FURTHER ORDERED that the parties shall bear their own costs except as provided by the Settlement Agreement and as ordered herein. FURTHER ORDERED that the Class Representative, on behalf of herself and members of the Settlement Classes, shall be deemed conclusively to have compromised, settled, discharged, dismissed, and released any and all rights, claims, or causes of action against Defendants as provided for in the Settlement Agreement. (Hicks, Samantha)
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Filing
196
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 4/7/2022; that the Unopposed Motion for Preliminary Approval of Class Action Settlement, Certifying Class for Purposes of Settlement, Directing Notice to the Class, and Scheduling Fairness Hearing is GRANTED, subject to the terms and conditions herein. (Hicks, Samantha)
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Filing
191
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 2/24/2022; that Plaintiff's Motion for Partial Summary Judgment, (ECF No. 170 ), is GRANTED in part and DENIED in part. It is GRANTED as to Count I of the Amended Complaint. It is DENIED as to all remaining claims. (Hicks, Samantha)
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Filing
156
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 3/26/2021; that Defendants' Motion to Dismiss Plaintiff's Class Claims and to Strike Plaintiff's Class Allegations for Failure to Comply with Local Rule 23.1(b), (ECF No. 126 ), is DENIED. (Sheets, Jamie)
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Filing
122
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 4/24/2020, that Plaintiff's Third Motion to Compel Jurisdictional Discovery (Docket Entry 104 ) is GRANTED IN PART, in that: (1) on or before M ay 1, 2020, Defendant GRSSE shall serve Plaintiff with all non-privileged material (in whatever form) that any person reviewed in preparing any version of any response given to Interrogatory 8, as well as a detailed privilege log of any such material withheld based on an assertion of privilege; (2) on or before May 22, 2020, Defendant GRSSE shall make Ms. Newman, Mr. Fox, and Mr. Murphy available for depositions at any date/time reasonably selected by Plaintiff (including via remote teleconfe rence if agreed by the parties); (3) on or before June 5, 2020, Plaintiff may file a second supplemental brief of no more than ten pages regarding the Court's exercise of personal jurisdiction over Defendant GRSSE; and (4) on or before June 1 2, 2020, Defendant GRSSE and/or its counsel shall pay the reasonable expenses, including attorney's fees, incurred by Plaintiff in connection with the foregoing additional discovery and briefing, as well as litigation of the Third Motion to Compel Jurisdictional Discovery. (Garland, Leah)
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Filing
78
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 9/11/2019; that Innesbrook Apartments, LLC d/b/a Southpoint Glen's Motion to Dismiss, (ECF No. 38 ), and GREP Southeast, LLC's Motion to Dism iss, (ECF No. 49 ), are DENIED. FURTHER that Greystar Defendants' Motion to Dismiss, (ECF No. 40 ), is DENIED IN PART, and STAYED IN PART as set out herein. FURTHER that Plaintiff's Motion for Jurisdictional Discovery, (ECF No. 57 ), is GRANTED as to Defendants Greystar Management Services, L.P.; Greystar RS National, Inc.; and Greystar RS SE, LLC, for the sole purpose of addressing whether this Court has personal jurisdiction over the three entities. The parties shall conduct limit ed jurisdictional discovery for a period of not more than 90 DAYS from the entry of this Order and shall proceed as directed by the assigned Magistrate Judge. Plaintiff shall be entitled to discovery as set out herein. FURTHER that upon completion o f the limited jurisdictional discovery ordered herein, the parties shall each submit a supplemental brief on the sole issue as outlined in this Order. The supplemental briefs shall be no more than 15 pages each and shall be filed within 21 days of co mpletion of the discovery ordered herein. The supplemental briefs need not restate the facts of the case. FURTHER that all remaining issues are stayed pending resolution by this Court as to whether it has personal jurisdiction over the specific Defendants named herein. (Sheets, Jamie)
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