United States District Court, W.D. North Carolina, Statesville Division
CURTIS PENDLETON and FLOYD SCROGHAM, individually and on behalf of all others similarly situated, Plaintiff,
ROBERT L. REID, SCOTT B. KAUFFMAN, JERRY R. LICARI, J. CHANDLER MARTIN, T. GRAY MCCASKILL, H. RAY MCKENNEY, JR., JOHN C. REDETT, BOYD C. WILSON, JR., COMMUNITYONE BANCORP, and CAPITAL BANK FINANCIAL CORP., Defendants.
J. Conrad, Jr., United States District Judge.
MATTER comes before the Court on Curtis
Pendleton's Unopposed Motion for Settlement, (Doc. No.
30), and Joint Motion for All Parties for Entry of Final
Judgment, (Doc. No. 38).
the Court granted Plaintiff's Unopposed Motion for
Preliminary Approval of Class Action Settlement (the
“Notice Order”) for final approval of the terms
of a Stipulation of Settlement dated as of January 31, 2017
(“Stipulation”), made and entered into by and
(i) Plaintiffs Curtis Pendleton and Floyd Scrogham
(collectively, “Plaintiffs”) and
(ii) Defendants CommunityOne Bancorp
(“CommunityOne”), Capital Bank Financial Corp.
(“Capital Bank”), Robert L. Reid, Scott B.
Kauffman, Jerry R. Licari, J. Chandler Martin, T. Gray
McCaskill, H. Ray McKenney, John C. Redett, Boyd C. Wilson,
Jr. (collectively, “Defendants, ” and together
with Plaintiffs, the “Parties”).
(Doc. Nos. 27, 29). Defendants constitute all of the parties
in the above-captioned action (the “Action”).
Court held a hearing on July 31, 2017 (the “Settlement
Hearing”) to consider the proposed settlement as
embodied in the Stipulation (the “Settlement”).
(Doc. No. 36). Due, adequate, and sufficient notice has been
given in accordance with the Notice Order and all parties
duly appearing having been heard. Furthermore, an opportunity
to be heard has been given to all other persons desiring to
be heard as provided in the Notice Order and no such persons
have submitted timely objections as provided in the Notice
Order. The entire matter of the Settlement, therefore, has
been heard and considered by the Court.
IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
Court has jurisdiction over the subject matter of the Action
and, for the purposes of settlement of the Action only, over
all parties to the Action, including but not limited to,
Plaintiffs, all members of the Settlement Class (as defined
below), and the Defendants.
Court finds, for purposes of settlement only, that each of
the requirements of Fed.R.Civ.P. 23 has been satisfied, in
(a) the members of the Settlement Class are so numerous that
separate joinder of each member is impracticable,
(b) Plaintiffs' claim or defense raises questions of law
or fact common to the questions of law or fact raised by the
claim or defense of each member of the class,
(c) Plaintiffs' claim or defense is typical of the claim
or defense of each member of the class,
(d) Plaintiffs can fairly and adequately protect and
represent the interests of each ...