Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pendleton v. Reid

United States District Court, W.D. North Carolina, Statesville Division

March 7, 2018

CURTIS PENDLETON and FLOYD SCROGHAM, individually and on behalf of all others similarly situated, Plaintiff,
v.
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.

          ORDER

          Robert J. Conrad, Jr., United States District Judge.

         THIS 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).

         Previously, 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 among:

(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”).

         The 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.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

         1. This 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.

         2. The Court finds, for purposes of settlement only, that each of the requirements of Fed.R.Civ.P. 23 has been satisfied, in that:

(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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.