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CAUSE NO. 2016
JOANNE WILLIAMS, for herself and IN THE DISTRICT COURT
all others similarly situated,
Plaintiff
OF HARRIS COUNTY, TEXAS
V.
GRAY RIDGE PARTNERS, L.P. and GPI
WEST OAKS II, L.P.,
Defendants JUDICIAL DISTRICT
[PROPOSED] ORDER GRANTING FINAL APPROVAL OF
CLASS ACTION SETTLEMENT
This matter came on for hearing on ________________, at ______ a.m. in the Courtroom
of the th Judicial District Court of Harris County, Texas. The Court has considered the
Parties’ Settlement Agreement, first submitted for preliminary approval on February , 2017, the
Motion for Final Approval and Entry of Final Judgment, the Motion for Award of Attorney Fees
and Incentive Award to Class Representative, the Order Granting Preliminary Approval of Class
Action Settlement (“Preliminary Approval Order”) and other documents filed related to the
Settlement, all matters raised and evidence presented at the time of the hearing, any objections or
comments received regarding the Settlement, the record in the Action, and all oral arguments
presented to the Court. Good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
This Order incorporates by reference the definitions in the Settlement Agreement,
and all terms used herein shall have the same meanings as set forth in the Settlement Agreement.
The Court has jurisdiction over the subject matter of the Action and all Parties to
the Action, including all Participating Class Members.
The Court approves the Settlement as set forth in the Settlement Agreement and
finds that the Settlement is in all respects fair, reasonable, and adequate; meets all of the
requirements under Rule of the Texas Rules of Civil Procedure; and was reached in good faith
following arms length negotiations between the Parties.
The Settlement Agreement, this Order or any part of the Settlement are not
admissions of liability or fault by Defendants or the Released Parties, or a finding of the validity
of any claims in the Action or any wrongdoing or violation of law by Defendants or the Released
Parties. Neither this Order, nor any of its terms or provisions, nor any of the negotiations or
proceedings connected with it, shall be offered as evidence or received in evidence in any
pending or future civil, criminal, or administrative action or proceeding to establish any liability
of, or admission by Defendants, the Released Parties, or any of them. Notwithstanding the
foregoing, nothing in this Order shall be interpreted to prohibit the use of this Order in a
proceeding to consummate or enforce the Agreement, this Order or to defend against the
assertion of Released Claims in any other proceeding, or as otherwise required by law.
________ objections to the Settlement and Agreement have been made.
Pursuant to Rule 42(c) of the Texas Rules of Civil Procedure, the Court certifies
the following Settlement class:
(i) All current or former residential tenants who were parties to a lease at the
West Oaks Landing apartment property in Harris County, Texas between
March 1, 201and the date th Agreement is signed (excluding all persons
merely listed as occupants and not bound under leases);
(ii) who were allegedly charged more than the base amount charged by the
public utility for a water base fee or sewer base fee; and
(iii) identified on Exhibit Ehereto.
The following are excluded from the Settlement Class:
(i) Those Households that were not allegedly charged a water base fee or
sewer base fee in excess of the amount billed by the public utility;
(ii) the judge(s) assigned to this case and his or her staff;
(iii) governmental entities;
(iv) Defendants and their affiliates;
(v) persons adjudged to be bankrupt; and
(vi) persons who have previously released Defendants of the claims raised by
the Action.
Pursuant to Rule 42(c)(3), the Settlement class shall consist of all Class Members
who did not timely and validly exclude themselves from the Settlement and are thereby bound by
this Order. The evidence presented shows that there are ______ Class Members who have
excluded themselves from this Settlement.
The Court finds that the requirements of Rule of the Texas Rules of Civil
Procedure have been satisfied.
The distribution of the Class Notice Forms constituted the best notice practicable
under the circumstances, and fully satisfied the requirements of Rule 42 of Texas Rules of Civil
Procedure, the requirements of due process, and any other applicable law.
The Court approves PlaintiffJoanne Williams as the Class Representative.
In accordance with the terms of the Preliminary Approval Order and the
Agreement, Defendants shall cause to be deposited by wire transfer with the TPA class
settlement funds totaling $, an amount sufficient to cover all payments to the
Participating Class Members. Settlement checks shall be mailed to all Participating Class
Members in accordance with the Agreement.
In accordance with the terms of the Preliminary Approval Order and the
Agreement, an enhancement award of $___________ to be paid to Plaintiff is appropriate in
recognition of the time and effort spent by Plaintiff as the class representative and for serving the
interests of the Class Members.
Having considered the factors set forth in Rule 42(g), the Court finds that Class
Counsel are properly appointed to represent the Participating Class Members and they have
fairly and adequately represented the Class Members for purposes of entering into and
implementing the Settlement.
In accordance with the terms of the Preliminary Approval Order and the
greement, an attorneys fee award of $____________ to be paid to Class Counsel is reasonable,
fair and appropriate to compensate Class Counsel for the time and effort spent to investigate, file,
tigate and settle the Action. Such an award meets the requ irements of Rule 42(h) and (i).
In accordance with the Agreement, the Plaintiff and all Participating Class
Members are conclusively deemed to have acknowledged and agreed that
(a) For Plaintiff, the released claims are any and all claims, obligations,
causes of actions, actions, demands, rights, and liabilities of every kind, nature and description,
including penalties, liquidated damages, punitive damages, interest, attorneys' fees, litigation
costs, restitution and equitable relief under any state statute, federal statute or common law
theory, whether known or unknown, whether anticipated or unanticipated, arising prior to the
Final Approval Date.
(b) For Participating Class Members the released claims are: any and all
claims, obligations, causes of action, actions, demands, rights, and liabilities of every kind,
nature and description, including penalties, liquidated damages, punitive damages, interest,
attorneys' fees, litigation costs, restitution, and equitable relief under any state statute, federal
statute or common law theory, whether known or unknown, whether anticipated or
unanticipated, arising prior to the Final Approval Date, which were pled in the Action or could
have been pled in the Action regarding alleged improper water or wastewater charges, including
water base fees or sewer base fees under the Texas Water Code, Texas Administrative Code and
all other regulations applicable thereto.
(c) The Plaintiff and all Participating Class Members release all such released
laims against any and all of the Released Parties, as that term is defined in the Settlement
Agreement
Upon the Effective Date, Plaintiff and all Participating Class Members are
permanently barred and enjoined from initiating, as rting and/or prosecuting any released
laims against any and all Released Parties in any court or any forum.
The Court hereby dismisses with prejudice the Action, and all released claims
against any and all Released Parties and without costs to any ofthe Parties as against the others.
Without affecting the finality of this Order, the Court reserves jurisdiction over
the implementation, administration and enforcement of the Settlement and this Order, and all
matters ancillary thereto.
The Court find that no reason exists for delay in ordering final approval, and the
clerk is hereby directed to enter this Order forthwith. This Order is final for purposes of appeal.
The Parties are hereby authorized without needing further approval from the
Court, to agree to and adopt such modifications and expansions of the Settlement Agreement,
including without limitation, the forms to be used in the process of distributing settlement
payments, which are consistent with this Order and do not limit the rights of the Participating
Class Members under the Settlement Agreement.
Any objections to the Settlement and approval of the Settlement are without merit
and expressly overruled.
All other relief not expressly granted to Plaintiff and all Participating Class
Members is denied.
Signed on this ____ day of __________, 2017.
THE HONORABLE RANDY WILSON
th JUDICIAL DISTRICT COURT
APPROVED AS TO FORM:
Britton D. Monts
Lead Counsel for Plaintiff and the Class
Michael A. Logan
Counsel for Defendants
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CAUSE NO. 2016 JOANNE WILLIAMS, for herself and IN THE DISTRICT COURT all others similarly situated, Plaintiff OF HARRIS COUNTY, TEXAS V. GRAY RIDGE PARTNERS, L.P. and GPI WEST OAKS II, L.P., Defendants JUDICIAL DISTRICT [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT This matter came on for hearing on ________________, at ______ a.m. in the Courtroom of the th Judicial District Court of Harris County, Texas. The Court has considered the Parties’ Settlement Agreement, first submitted for preliminary approval on February , 2017, the Motion for Final Approval and Entry of Final Judgment, the Motion for Award of Attorney Fees and Incentive Award to Class Representative, the Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) and other documents filed related to the Settlement, all matters raised and evidence presented at the time of the hearing, any objections or comments received regarding the Settlement, the record in the Action, and all oral arguments presented to the Court. Good cause appearing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: This Order incorporates by reference the definitions in the Settlement Agreement, and all terms used herein shall have the same meanings as set forth in the Settlement Agreement. The Court has jurisdiction over the subject matter of the Action and all Parties to the Action, including all Participating Class Members. The Court approves the Settlement as set forth in the Settlement Agreement and finds that the Settlement is in all respects fair, reasonable, and adequate; meets all of the requirements under Rule of the Texas Rules of Civil Procedure; and was reached in good faith following arms length negotiations between the Parties. The Settlement Agreement, this Order or any part of the Settlement are not admissions of liability or fault by Defendants or the Released Parties, or a finding of the validity of any claims in the Action or any wrongdoing or violation of law by Defendants or the Released Parties. Neither this Order, nor any of its terms or provisions, nor any of the negotiations or proceedings connected with it, shall be offered as evidence or received in evidence in any pending or future civil, criminal, or administrative action or proceeding to establish any liability of, or admission by Defendants, the Released Parties, or any of them. Notwithstanding the foregoing, nothing in this Order shall be interpreted to prohibit the use of this Order in a proceeding to consummate or enforce the Agreement, this Order or to defend against the assertion of Released Claims in any other proceeding, or as otherwise required by law. ________ objections to the Settlement and Agreement have been made. Pursuant to Rule 42(c) of the Texas Rules of Civil Procedure, the Court certifies the following Settlement class: (i) All current or former residential tenants who were parties to a lease at the West Oaks Landing apartment property in Harris County, Texas between March 1, 201and the date th Agreement is signed (excluding all persons merely listed as occupants and not bound under leases); (ii) who were allegedly charged more than the base amount charged by the public utility for a water base fee or sewer base fee; and (iii) identified on Exhibit Ehereto. The following are excluded from the Settlement Class: (i) Those Households that were not allegedly charged a water base fee or sewer base fee in excess of the amount billed by the public utility; (ii) the judge(s) assigned to this case and his or her staff; (iii) governmental entities; (iv) Defendants and their affiliates; (v) persons adjudged to be bankrupt; and (vi) persons who have previously released Defendants of the claims raised by the Action. Pursuant to Rule 42(c)(3), the Settlement class shall consist of all Class Members who did not timely and validly exclude themselves from the Settlement and are thereby bound by this Order. The evidence presented shows that there are ______ Class Members who have excluded themselves from this Settlement. The Court finds that the requirements of Rule of the Texas Rules of Civil Procedure have been satisfied. The distribution of the Class Notice Forms constituted the best notice practicable under the circumstances, and fully satisfied the requirements of Rule 42 of Texas Rules of Civil Procedure, the requirements of due process, and any other applicable law. The Court approves PlaintiffJoanne Williams as the Class Representative. In accordance with the terms of the Preliminary Approval Order and the Agreement, Defendants shall cause to be deposited by wire transfer with the TPA class settlement funds totaling $, an amount sufficient to cover all payments to the Participating Class Members. Settlement checks shall be mailed to all Participating Class Members in accordance with the Agreement. In accordance with the terms of the Preliminary Approval Order and the Agreement, an enhancement award of $___________ to be paid to Plaintiff is appropriate in recognition of the time and effort spent by Plaintiff as the class representative and for serving the interests of the Class Members. Having considered the factors set forth in Rule 42(g), the Court finds that Class Counsel are properly appointed to represent the Participating Class Members and they have fairly and adequately represented the Class Members for purposes of entering into and implementing the Settlement. In accordance with the terms of the Preliminary Approval Order and the greement, an attorneys fee award of $____________ to be paid to Class Counsel is reasonable, fair and appropriate to compensate Class Counsel for the time and effort spent to investigate, file, tigate and settle the Action. Such an award meets the requ irements of Rule 42(h) and (i). In accordance with the Agreement, the Plaintiff and all Participating Class Members are conclusively deemed to have acknowledged and agreed that (a) For Plaintiff, the released claims are any and all claims, obligations, causes of actions, actions, demands, rights, and liabilities of every kind, nature and description, including penalties, liquidated damages, punitive damages, interest, attorneys' fees, litigation costs, restitution and equitable relief under any state statute, federal statute or common law theory, whether known or unknown, whether anticipated or unanticipated, arising prior to the Final Approval Date. (b) For Participating Class Members the released claims are: any and all claims, obligations, causes of action, actions, demands, rights, and liabilities of every kind, nature and description, including penalties, liquidated damages, punitive damages, interest, attorneys' fees, litigation costs, restitution, and equitable relief under any state statute, federal statute or common law theory, whether known or unknown, whether anticipated or unanticipated, arising prior to the Final Approval Date, which were pled in the Action or could have been pled in the Action regarding alleged improper water or wastewater charges, including water base fees or sewer base fees under the Texas Water Code, Texas Administrative Code and all other regulations applicable thereto. (c) The Plaintiff and all Participating Class Members release all such released laims against any and all of the Released Parties, as that term is defined in the Settlement Agreement Upon the Effective Date, Plaintiff and all Participating Class Members are permanently barred and enjoined from initiating, as rting and/or prosecuting any released laims against any and all Released Parties in any court or any forum. The Court hereby dismisses with prejudice the Action, and all released claims against any and all Released Parties and without costs to any ofthe Parties as against the others. Without affecting the finality of this Order, the Court reserves jurisdiction over the implementation, administration and enforcement of the Settlement and this Order, and all matters ancillary thereto. The Court find that no reason exists for delay in ordering final approval, and the clerk is hereby directed to enter this Order forthwith. This Order is final for purposes of appeal. The Parties are hereby authorized without needing further approval from the Court, to agree to and adopt such modifications and expansions of the Settlement Agreement, including without limitation, the forms to be used in the process of distributing settlement payments, which are consistent with this Order and do not limit the rights of the Participating Class Members under the Settlement Agreement. Any objections to the Settlement and approval of the Settlement are without merit and expressly overruled. All other relief not expressly granted to Plaintiff and all Participating Class Members is denied. Signed on this ____ day of __________, 2017. THE HONORABLE RANDY WILSON th JUDICIAL DISTRICT COURT APPROVED AS TO FORM: Britton D. Monts Lead Counsel for Plaintiff and the Class Michael A. Logan Counsel for Defendants