United States District Court, D. New Mexico
WILLIAM DEJOLIE and SAMMIA DEJOLIE, on their own behalf and on behalf of all others similarly situated Plaintiffs,
T&R MARKET, INC., TANCORDE FINANCE, INC., T&R PAWN, LLC, and T&R TAX SERVICE, INC., Defendants.
Nicholas Mattison Richard N. Feferman Feferman, Warren &
Mattison, attorneys for Plaintiffs
Lynn Isaacson Mason & Isaacson, P.A. Counsel for
Defendant Tancorde Finance, Inc.
Charles J. Vigil Rodey, Dickason, Sloan, Akin & Robb,
P.A. Counsel for Defendant T&R Tax Service, Inc.
J. Widland Miller Stratvert P.A. Counsel for Defendants
T&R Market, Inc. and T&R Pawn, LLC
ORDER GRANTING FINAL APPROVAL OF SETTLEMENT
Honorable Kirtan Khalsa United States Magistrate Judge
MATTER came before the Court upon the Plaintiffs'
Unopposed Motion for Final Approval of Settlement Agreement.
[Doc. 67] Defendants do not oppose the Motion. The Court held
a hearing on December 10, 2018, at which the parties were in
attendance. The Court has reviewed the record and considered
the briefing submitted by Plaintiffs, and HEREBY FINDS AS
Court has jurisdiction over the parties and subject matter
lawsuit was filed in 2017, asserting, inter alia,
violations of the Truth in Lending Act (“TILA”)
and the New Mexico Unfair Practices Act (“UPA”).
Plaintiffs' claims concern Defendants' issuance of
tax refund anticipation loans. Plaintiffs allege that between
November 1, 2014 and July 13, 2017, the date this lawsuit was
filed, all of Defendants' holiday loans and instant cash
loans understated the true finance charge and annual
percentage rate (“APR”). This made the loans
appear less expensive than they really were, and gave
Defendants an unfair competitive advantage against other
Defendants deny that they violated the law and raised legal
and factual defenses to Plaintiffs' claims.
parties conducted discovery and extensive investigation of
parties engaged in a settlement conference with the Honorable
Kirtan Khalsa on May 11, 2018, at which they reached an
agreement to settle this case.
parties submitted a written settlement agreement for
preliminary Court approval on July 30, 2018. [Doc. 55]
Court granted preliminary approval to Plaintiffs'
settlement agreement and directed that Court-approved notice
be sent to class members, advising them of the proposed
settlement, the rights to opt out or object, and the final
fairness hearing. [Doc. 62]
Plaintiffs sent notice to class members as ordered. The great
majority of the nearly 15, 000 class members were located,
following extensive procedures by Plaintiffs to assure the
broadest possible notice. The Court finds that the