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15-241 - Briles v. Tiburon Financial, LLC et al


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15-241 - Briles v. Tiburon Financial, LLC et al
August 18, 2015
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ORDER that Plaintiff's Motion for Class Certification 18 shall be held in abeyance pending further development of the record in this case. The motion shall be terminated by the Clerk of Court for statistical purposes, and Plaintiff may renew the motion at a later date in order to establish a briefing schedule.abeyance Ordered by Magistrate Judge F.A. Gossett. (CS, )
March 14, 2016
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ORDER - The deadline to amend pleadings and/or add parties: April 20, 2016. The deadline for the plaintiff to file for class certification: April 26, 2016. The deadline for completion of written discovery: July 12, 2016. Depositions shall be completed within sixty (60) days of the court's ruling on plaintiff's motion for class certification. Ordered by Magistrate Judge F.A. Gossett. (GJG)
August 1, 2016
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MEMORANDUM AND ORDER granting 71 Joint Motion for Preliminary Approval of Class Action Settlement. This action is certified, as set forth above pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3). The Court hereby appoints Shaunna Briles, as class representative of the Settlement Class, and appoints Burke Smith, Esq., of the Burke Smith Law firm and Janet R. Varnell, Esq., of the law firm Varnell & Warwick, P.A. as Counsel for the Settlement Class. A Final Settlement Fairness Hearing shall be held on December 5, 2016, at 3:00 p.m., before the undersigned, in Courtroom No. 2 of the Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The Court approves the form, substance, and requirements of the Notice of Settlement (the "Notice") attached to the Plaintiff's Brief in Support of Joint Motion for Preliminary Approval of Class Action Settlement (Filing No. 72-1). Defendants or their designated agent(s) shall cause the Notice, substantially in the form attached to the Settlement to be emailed to the Settlement Class Members according to the terms of the Settlement Agreement. All litigation, including discovery, other than further proceedings with respect to the Settlement, is stayed until further order of this Court. Any Settlement Class Member may opt out by utilizing the procedures outlined in the Notice. Written objections shall be filed on or before fourteen (14) days prior to the Fairness Hearing. Ordered by Chief Judge Laurie Smith Camp. (ADB)
August 22, 2016
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ORDER - The Joint Motion for Approval of Postcard Notice and Substitute Long-Form Notice (Filing No. 75) is granted. The amended Long-Form Notice (Filing No. 75-1) and amended Postcard Notice (Filing No. 75-2) are approved. The parties are permitted to send the Postcard Notice (Filing No. 75-2) to Class members in accordance with the Courts Memorandum and Order dated August 1, 2016 (Filing No. 73). Ordered by Chief Judge Laurie Smith Camp. (GJG)
December 6, 2016
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FINAL JUDGMENT AND ORDER OF DISMISSAL - The Parties' Joint Motion for Final Approval of Class Action Settlement, ECF No. 78, is granted. The Settlement Agreement is hereby approved, ratified, and adopted as an Order of this Court. The parties are ordered and directed to comply with the terms and provisions of the Settlement Agreement. Without limiting any term of the Settlement Agreement, including the release of claims in full in the Settlement Agreement, it is hereby ordered and with prejudice and final judgment is entered. Ordered by Chief Judge Laurie Smith Camp. (GJG)d adjudged that the terms of the Settlement Agreement and of this Final Order and Judgment shall forever be binding upon, and shall have res judicata and preclusive effect, in any and all pending and future lawsuits maintained by the Representative Plaintiff and any and all other Class Members, as well as their heirs, executors, administrators, successors and assigns. The Settlement Administrator shall disburse the Settlement Proceeds to the Class Members in accordance with the provisions of the Settlement Agreement. In accordance with the Settlement Agreement, the Settlement Administrator shall remit the Incentive Award to the named Plaintiff as provided for in the Settlement Agreement. Without affecting or delaying the finality of this Final Judgment and Order of dismissal, the Court retains jurisdiction over all matters related to the interpretation, administration, implementation, effectuation, and enforcement of the Settlement Agreement. This action is dismisse