Biddick v. Lumondi, Inc.

Background

The court held a final approval hearing on June 22, 2022. The order incorporates the parties’ Class Action Settlement Agreement and Release. The opinion does not describe the underlying claims or the settlement’s specific relief.

Settlement Class and Certification

The court exercised jurisdiction over the action, the plaintiff, Lumondi, Inc., and the settlement class. The class included consumers nationwide who purchased, or received as a gift, one or more specified Luminox watch series containing an original Lumondi warranty card at the time of purchase. The relevant purchases occurred from June 1, 2018, through November 30, 2021, the date of preliminary approval.

The court excluded Lumondi and its officers, directors, and employees; class counsel and their associated personnel; the judicial officers, their immediate family members, and assigned court staff; and any class member who submitted a valid request for exclusion. No class member submitted a timely and proper exclusion request.

The court finally certified the class for settlement purposes under Rule 23 of the Federal Rules of Civil Procedure. It found that the requirements for class treatment were satisfied, including sufficient numbers of class members, common legal and factual questions, typicality of the plaintiff’s claims, adequate representation, predominance of common questions, ascertainability, and superiority of a class action for resolving the controversy.

Notice, Objection, and Settlement Approval

The court found that notice was properly distributed, complied with the preliminary certification order, and was the best notice practicable under the circumstances. It also found that the claims procedures satisfied Rule 23 and due process, and that notice to the appropriate state and federal officials satisfied 28 U.S.C. § 1715. One objection was submitted and overruled.

The court found that the settlement resulted from arm’s-length negotiations assisted by an experienced mediator and that there was no evidence of collusion. It finally approved the settlement as fair, adequate, and reasonable, directed the parties to implement it, and made each settlement class member bound by its terms.

Judgment and Release

The court dismissed the action with prejudice, without costs to any party except as provided in the settlement agreement. The plaintiff and class members released and discharged the released parties from the released claims. Class members were barred from bringing or participating in another action concerning those released claims.

The order states that the settlement and related negotiations were not admissions or evidence of wrongdoing, liability, or the truth of the plaintiff’s claims, except for purposes of enforcing the settlement and related court orders. If the settlement terminates, settlement certification is deemed vacated and the parties return to their prior positions without prejudice to rights or positions they could have asserted before the settlement.

Fees, Service Award, and Continuing Jurisdiction

The court granted class counsel’s application for fees and costs and awarded $189,070.78 in attorneys’ fees and $13,429.22 in litigation costs and expenses. It also awarded the class representative $5,000 as a service award. The court found each amount fair and reasonable.

The clerk was directed to enter the order and final judgment under Rule 54(b) of the Federal Rules of Civil Procedure. The court retained jurisdiction over matters involving the settlement’s interpretation, administration, implementation, effectuation, and enforcement.