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Morgan v. Pub. Storage

Citation: 301 F. Supp. 3d 1237Docket: CASE NO.: 14–cv–21559–Ungaro/Otazo–Reyes

Court: District Court, S.D. Florida; March 8, 2016; Federal District Court

Narrative Opinion Summary

The Court considered a class action lawsuit against Public Storage, where plaintiffs alleged deceptive practices regarding tenant insurance. Following extensive litigation and mediation, the parties reached a $5 million settlement. The settlement was preliminarily approved, and the class was notified via a comprehensive notice program. Objectors raised concerns about the settlement amount, notice sufficiency, and attorneys' fees, but their objections were overruled as lacking merit. The Court found the settlement fair and reasonable, given the litigation's complexity and risks, approving a 33% attorneys' fee from the settlement fund. The settlement class, defined under Rule 23(b)(3), included individuals who rented storage units and purchased insurance during a specified period, excluding employees. Class Counsel's efforts, despite objections, were recognized with the awarded fees, while a $10,000 incentive was granted to the class representative. The settlement resolution provided class members with up to 50% recovery of their alleged damages, ensuring immediate relief without the uncertainties of a trial. The Court's decision emphasized the settlement's adequacy, the proper execution of the notice program, and the appropriateness of the fee award based on customary practices and the specific circumstances of the case.

Legal Issues Addressed

Attorneys' Fees in Class Action Settlements

Application: Class Counsel is awarded 33% of the settlement fund, justified by the risks of contingency, substantial labor, and market customary fees.

Reasoning: The court deemed a fee award of 33% ($1,650,000) of the $5,000,000 Settlement Fund reasonable, citing specific Camden I factors such as the risks of proceeding on a contingent basis.

Final Approval of Class Settlement

Application: The Court approves the settlement as fair, adequate, and reasonable, evaluating the absence of fraud or collusion, complexity and expense of litigation, and the judgment of experienced counsel.

Reasoning: Final approval of the settlement is granted based on the legal standard that a class action settlement must be fair, adequate, and reasonable, free from collusion.

Incentive Awards to Class Representatives

Application: An incentive award of $10,000 is granted to the class representative for significant contributions to the litigation.

Reasoning: Additionally, Class Representative Brian Morgan is awarded $10,000 as an incentive for his significant contributions to the class action.

Notice Program in Class Actions

Application: The notice program, primarily using email, was deemed sufficient under Rule 23 and constitutional standards, despite some notices being undeliverable.

Reasoning: The notice program for the Class included multiple methods of communication: email notices for Class members with email addresses, mailed notices for those without, a dedicated website, publications in local newspapers, and a toll-free number for inquiries.

Objections to Class Settlement

Application: The Court overruled objections from class members, finding them lacking in merit and unsupported by factual or legal grounds.

Reasoning: The Court overrules objections from Abdulqader Ahmed and Arthur Putman.

Release of Claims in Class Settlements

Application: Class members who did not opt out release the defendant from all claims related to the litigation, except for specific property damage claims.

Reasoning: Settlement Class members who did not opt out release Public Storage and its affiliates from all claims related to this litigation, except for claims involving property damage or losses covered by tenant insurance offered at Public Storage.