United States District Court, E.D. New York
ALTAGRACIA DIAZ, on behalf of herself and all others similarly situated, Plaintiff,
NEW PENN FINANCIAL, LLC, d/b/a SHELLPOINT MORTGAGE SERVICING, Defendant.
FINAL ORDER AND JUDGMENT
JOANNA SEYBERT, U.S.D.J.
matter came for hearing on July 8, 2016, upon the
joint request (the "Joint Motion") of Plaintiff
Altagracia Diaz, individually and on behalf of a class of
persons similarly situated (collectively "Plaintiff or
"Class Representative"), and Defendant New Penn
Financial, LLC d/b/a Shellpoint Mortgage Servicing
("Defendant, " together Plaintiff and Defendant are
referred to as the "Parties"), for approval of the
Class Action Settlement Agreement and Release, dated July
2016 (the "Settlement Agreement"). Due and adequate
notice having been given to the Class Members, and the Court
having considered the Settlement Agreement, all papers filed
and proceedings had herein and all oral and written comments
received regarding the Settlement Agreement, and having
reviewed the record in this action, and good cause appearing
HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
Court, for purposes of this Final Order and Judgment (the
"Final Order"), adopts all defined terms as set
forth in the Settlement Agreement.
Court preliminarily approved the Settlement Agreement, by
Preliminary Approval Order of Class Action Settlement dated
November 30. 2016 (the "Preliminary Approval
the Preliminary Approval Order, the Court approved a form
Notice for mailing to the Class Members.
Court is informed that the Notice was sent by first-class
mail to 1.279 individuals who are deemed Class
Members. A total of 69 envelope(s) were returned by the
United States Postal Service marked not deliverable with no
forwarding addresses available, and 36 envelope(s) were
returned and re-mailed to a forwarding address. Two
Class Members submitted timely requests for exclusion and one
(1) Class Member requested exclusion after the deadline of
February 14. 2017, the Claim Form Deadline).
Two-Hundred and Forty-One (241) Class Members
submitted a valid Claim Form that was received by the
Settlement Administrator by the Claim Form Deadline. Six (6)
Class members submitted Claim Forms after the Claim Form
submission deadline. The Court will allow the 6 late
claimants to receive a share of the Class Settlement Fund.
The Court has found that 247 Class Members will receive an
equal share of the class settlement fund and 3 Class Members,
Barton McClellan, Cheryl Smith and Stephen Guenther excluded
themselves from the settlement.
Court received no objection(s) filed by Class Members by
February 14. 2017. the deadline for the submission
of objections set in the Preliminary Approval Order.
No Class Member(s) appeared at the Fairness Hearing
to object to the settlement.
Court has jurisdiction over the subject matter of this
Action, the Plaintiff and the Class Members, and the
Court finds that the distribution of the Notice as provided
for in the Preliminary Approval Order constituted the best
notice practicable under the circumstances to all Persons
within the definition of the Class, and fully met the
requirements of New York law and due process under the United
Court approves the settlement of the above-captioned action,
as set forth in the Settlement Agreement, as fair, just,
reasonable, and adequate as to the Parties. The Parties are
directed to perform in accordance with the terms set forth in
the Settlement Agreement.
Except as to any individual claim of Class Members who are
excluded from the Class, all of the Released Claims are
dismissed with prejudice as to the Class Representative and
the Class Members, and as against the Released Parties. The
Parties are to bear their own costs, except as otherwise
provided in the Settlement Agreement.
purposes of settlement, the Parties stipulate to the
individuals in the State of New York, (b) who were sent a
document in the form of Appendix B to the Complaint,
(c) on or after August 14, 2014 and on or before October 23,
2015, (d) concerning a loan that Defendant began servicing
after it was in default, and (e) whose letter was not
returned as undeliverable or without a ...