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Johnson v. NPAS Sols., LLC

Johnson v. NPAS Sols., LLC

United States District Court for the Southern District of Florida, West Palm Beach Division

May 7, 2018, Decided; May 8, 2018, Filed

CASE NO.: 9:17-cv-80393-ROSENBERG/HOPKINS

Opinion

FINAL ORDER AND JUDGMENT

On March 28, 2017, Charles T. Johnson ("Plaintiff") filed a class action complaint (hereinafter referred to as the "Lawsuit") against NPAS Solutions, LLC ("NPAS Solutions") in the United States District Court for the Southern District of Florida, Case No. 9:17-cv-80393, asserting class claims under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, et seq.

NPAS Solutions has denied any and all liability alleged in the Lawsuit.

On November 28, 2017, after appropriate arms-length negotiations, Plaintiff and NPAS Solutions (the "Parties") entered into a written settlement agreement (the "Settlement Agreement"), which [*2]  is subject to review under Fed. R. Civ. P. 23.

On November 29, 2017, Plaintiff filed the Settlement Agreement, along with his Unopposed Motion for Preliminary Approval of Class Action Settlement (the "Preliminary Approval Motion").

In compliance with the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(d), 1453, and 1711-1715, NPAS Solutions caused written notice of the proposed class settlement as directed.

On December 4, 2017, upon consideration of Plaintiff's Preliminary Approval Motion and the record, the Court entered an Order of Preliminary Approval of Class Action Settlement (the "Preliminary Approval Order"). Pursuant to the Preliminary Approval Order, the Court, among other things, (i) preliminarily certified (for settlement purposes only) a class of plaintiffs (the "Class Members") with respect to the claims asserted in the Lawsuit; (ii) preliminarily approved the proposed settlement; (iii) appointed Charles T. Johnson as the Class Representative; (iv) appointed Greenwald Davidson Radbil PLLC as Class Counsel; and (v) set the date and time of the Settlement Approval Hearing.

On April 6, 2018, Plaintiff filed his Unopposed Motion for Final Approval of Class Action Settlement (the "Final Approval Motion").

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2018 U.S. Dist. LEXIS 231002 *; 2017 WL 6060778

CHARLES T. JOHNSON, on behalf of himself and others similarly situated, Plaintiff, vs. NPAS SOLUTIONS, LLC, Defendant.

Subsequent History: Reversed by, in part, Vacated by, in part, Remanded by Johnson v. NPAS Sols., LLC, 2020 U.S. App. LEXIS 29682 (11th Cir. Fla., Sept. 17, 2020)

Prior History: Johnson v. NPAS Sols., LLC, 2017 U.S. Dist. LEXIS 205814 (S.D. Fla., Dec. 4, 2017)

CORE TERMS

Settlement, class member, settlement agreement, class action, Lawsuit, preliminary approval, final approval, expenses, notice