Fitton v. Pinnacle Propane LLC — Entry #29: MOTION Plaintiff's Unopposed Motion for Final Approval of Class Action Settlement filed by Amanda Fitton

Case 3:23-cv-01559-B          Document 29       Filed 11/04/24      Page 1 of 4     PageID 528


                            UNITED STATES DISTRICT COURT
                            NORTHERN DISTRICT OF TEXAS
                                  DALLAS DIVISION

AMANDA FITTON, on behalf of herself and
all others similarly situated,                      Case No. 3:23-cv-1559

                               Plaintiff,           PLAINTIFF’S UNOPPOSED
                                                    MOTION FOR FINAL APPROVAL
v.                                                  OF CLASS ACTION SETTLEMENT

PINNACLE PROPANE, LLC,

                               Defendant.


       PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law in Support

of Unopposed Motion for Final Approval of Class Action Settlement and all prior pleadings and

proceedings had herein, Plaintiff Amanda Fitton, individually and on behalf of the putative class,

(“Plaintiff”) moves for an Order awarding final approval of this proposed class action settlement

and respectfully requests that this Court:

       1.       Grant final certification of the Settlement Class for settlement purposes, appoint

Plaintiff Amanda Fitton as Class Representative, and appoint Raina C. Borrelli of Strauss Borrelli

PLLC as Class Counsel;

       2.       Approve the requested attorney’s fees of $163,333.33, costs of $18,668.33, and

Plaintiff’s requested service award in the amount of $5,000;

       3.       Find that the Notice met the requirements of due process and Federal Rule of Civil

Procedure 23;

       4.       Find that the terms of the Settlement Agreement fair, reasonable, and adequate and

approved, adopted, and incorporated by the Court;


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Case 3:23-cv-01559-B            Document 29       Filed 11/04/24      Page 2 of 4     PageID 529


       5.         Direct the Parties, their respective attorneys, and the Claims Administrator to

consummate the Settlement in accordance with the Court Order and the terms of the Settlement

Agreement, and;

       6.         Resolve all claims against all parties in this Action and issue the Proposed Final

Approval Order.

       This Motion is based on the accompanying Supporting Memorandum; the Declaration of

Raina C. Borrelli in Support of Preliminary Approval (Doc. 20-2); the Declaration of Raina C.

Borrelli in Support of Plaintiff’s Motion to Approve Attorneys’ Fees, Costs, and Service Award

(Doc. 28-2); the Settlement Agreement (Doc. 20-1 and 24); Plaintiff’s Motion for Preliminary

Approval of Class Action Settlement, Supporting Memorandum, Supporting Declarations, and

attachments (Docs 19-20); and Plaintiff’s Motion to Approve Attorney’s Fees, Costs, and Service

Award and accompanying documents at (Doc. 28); and all other pleadings and papers on file in

this action and any oral argument that may be heard by this Court at or prior to the Final Approval

Hearing currently scheduled for December 3, 2024. Defendant does not oppose the relief sought

in this motion.


       WHEREFORE, for the reasons above, Plaintiff requests that the Court grant her Motion to

for Final Approval of Class Action Settlement


Dated: November 4, 2024                         Respectfully submitted,


                                               By: /s/ Raina C. Borrelli
                                               Raina C. Borrelli (pro hac vice)
                                               STRAUSS BORRELLI PLLC
                                               One Magnificent Mile
                                               980 N. Michigan Avenue, Suite 1610
                                               Chicago, IL, 60611
                                               Telephone: (872) 263-1100


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                                     Facsimile: (872) 263-1109
                                     [email protected]

                                     Joe Kendall
                                     KENDALL LAW GROUP PLLC
                                     3811 Turtle Creek Blvd., Suite 1450
                                     Dallas, TX 75219
                                     Telephone: (214) 744-3000
                                     Facsimile: (214) 744-3015
                                     [email protected]

                               Attorneys for Plaintiff and the Proposed Class


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                                CERTIFICATE OF SERVICE

       I, Raina C. Borrelli, hereby certify that on November 4, 2024, I electronically filed the

foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of

such filing to counsel of record, below, via the ECF system.


DATED this 4th day of November, 2024.

                                        STRAUSS BORRELLI PLLC

                                        By: /s/ Raina C. Borrelli
                                            Raina C. Borrelli
                                            STRAUSS BORRELLI PLLC
                                            One Magnificent Mile
                                            980 N Michigan Avenue, Suite 1610
                                            Chicago IL, 60611
                                            Telephone: (872) 263-1100
                                            Facsimile: (872) 263-1109
                                            [email protected]


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