McNamara v. Wells Fargo & Company et al

1
21-CV-1245 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
THOMAS W. MCNAMARA, as the
Court-Appointed Receiver for Triangle
Media Corporation; Apex Capital Group,
LLC; and their successors, assigns,
affiliates, and subsidiaries,
Plaintiff,
v.
WELLS FARGO & COMPANY, a
corporation, and WELLS FARGO BANK,
N.A., a national banking association ,
Defendants.
JOHN MCCRANER, SHARON
STIANSEN, JANET POLLARD,
MICHAEL DARLINGTON, SUSAN R.
LANDREAU, and JOHN N. TUFFIELD,
individually and on behalf of all similarly
situated,
Plaintiffs,
v.
WELLS FARGO & COMPANY, a
corporation; and WELLS FARGO
BANKS, N.A., a national banking
association,
Defendants.
Lead Case No.: 21-CV-1245 TWR
(DDL)
ORDER GRANTING (1) CLASS
PLAINTIFFS’ MOTION FOR FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT AND PLAN OF
ALLOCATION, AND (2) CLASS
COUNSEL’S MOTION FOR AN
AWARD OF ATTORNEYS’ FEES
AND REIMBURSEMENT OF
LITIGATION EXPENSES
(ECF Nos. 390, 391)
Case 3:21-cv-01245-TWR-DDL Document 395 Filed 03/26/26 PageID.<pageID>
Page 1 of 5

2
21-CV-1245 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Presently before the Court are Class Plaintiffs John McCraner, Janet Pollard, Sharon
Stiansen, Michael Darlington, Susan R. Landreau, and John Tuffield’s Motion for Final
Approval of Class Action Settlement and Plan of Allocation (“Final Approval Mot.,” ECF
No. 390) and Class Counsel Glancy Prongay Wolke & Rotter LLP’s Motion for an Award
of Attorneys’ Fees and Reimbursement of Litigation Expenses (“Fee Mot.,” ECF No. 391)
(together, the “Motions”), as well as the Reply in Further Support of Class Plaintiffs’
Motion for Final Approval of Class Action Settlement and Plan of Allocation (“Reply,”
ECF No. 393). The Settlement Administrator, Epiq Class Action & Claims Solutions, Inc.,
emailed 1,298,179 Short-Form Notices to 1,282,076 potential Class Members, (see ECF
No. 393-1 (“Supp. Azari Decl.”) ¶ 12), 1,030,382 of which were delivered. (See id. ¶ 15.)
The Settlement Administrator also mailed a long form Notice (in English) and Claim Form
(“Claim Package”) to 32 persons who requested one via the toll-free telephone number or
other means. 	(See id. ¶ 14.) 	Approximately 63,294,508 impressions were generated by
targeted digital advertising (“Digital Notices”) appearing nationwide for thirty days in
English and Spanish on Google Display Network, Basis Ad Network, Facebook, Instagram,
Reddit, and 	X 	(Twitter). 	(See id. 	¶¶ 17, 18, 22–24.) 	Following this widespread
dissemination of notice in 	accordance with 	the Court’s November 4, 2025 Order
Preliminarily Approving Settlement and Providing for Notice, (see ECF No. 388 ¶¶ 8, 9),
the Motions are unopposed, (see generally Docket), and “not one Class Member objected
to the Settlement, the Plan of Allocation, or Class Counsel’s Fee and Expense Application
and only two requested exclusion from the Class.” (See Reply at 2 (emphasis in original).)
The Court held a hearing on March 26, 2026. (See ECF No. 394.) Having carefully
reviewed the Parties’ arguments, the record, and the relevant law, the Court GRANTS the
Motions and ORDERS as follows:
1. 	This Order incorporates by reference the definitions in the Stipulation and
Agreement of Settlement dated June 25, 2025 (the “Class Agreement,” ECF No. 383-2),
and all capitalized terms not otherwise defined herein shall have the same meanings as set
forth in the Class Agreement.
Case 3:21-cv-01245-TWR-DDL Document 395 Filed 03/26/26 PageID.<pageID>
Page 2 of 5

3
21-CV-1245 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. 	The Court has jurisdiction to enter this Order and over the subject matter of
the Action and all Parties to the Action, including all Class Members.
FINAL APPROVAL MOTION
3. 	Notice of Class Plaintiffs’ motion for approval of the proposed Plan of
Allocation was given to all Class Members who could be identified with reasonable effort.
The form and method of notifying the Class of the motion for approval of the proposed
Plan of Allocation satisfied the requirements of Rule 23 of the Federal Rules of Civil
Procedure, due process, and all other applicable law and rules; constituted the best notice
practicable under the circumstances; and constituted due and sufficient notice to all persons
and entities entitled thereto.
4. 	The Plan of Allocation was posted on the settlement website, www.freetrial
recurringbillingsettlement.com, and no objections to the proposed plan were submitted.
5. 	The Court hereby FINDS and CONCLUDES that the formula for the
calculation of the claims of Claimants as set forth in the Plan of Allocation provides a fair
and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund
among Class Members with due consideration having been given to administrative
convenience and necessity.
6. 	The Court hereby FINDS and CONCLUDES that the Plan of Allocation is,
in all respects, fair and reasonable to the Class, and, accordingly, the Court APPROVES
the Plan of Allocation.
FEE MOTION
7. 	Notice of Class Counsel’s Fee Motion was given to all Class Members who
could be identified with reasonable effort. 	The form and method of notifying the
Settlement Class of the motion for an award of attorneys’ fees and expenses satisfied the
requirements of Rule 23 of the Federal Rules of Civil Procedure, due process, and all other
applicable law and rules; constituted the best notice practicable under the circumstances;
and constituted due and sufficient notice to all persons and entities entitled thereto.
/ / /
Case 3:21-cv-01245-TWR-DDL Document 395 Filed 03/26/26 PageID.<pageID>
Page 3 of 5

4
21-CV-1245 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8. 	Plaintiffs’ Counsel is hereby AWARDED attorneys’ fees in the amount of
33⅓% of the Settlement Fund 	and 	$2,416,461.45 	in reimbursement of Plaintiffs’
Counsel’s litigation expenses (which fees and expenses shall be paid from the Settlement
Fund), which sums the Court finds to be fair and reasonable. 	In making this award of
attorneys’ fees and reimbursement of expenses to be paid from the Settlement Fund, the
Court has considered and found that:
a. 	The Settlement has created a fund of $33,000,000 for the benefit of the
Class pursuant to the terms of the Class Agreement, and that numerous Class
Members who submit acceptable Claim Forms will benefit from the Settlement that
occurred because of the efforts of Class Counsel;
b. 	There 	were 	no 	objections 	to 	the 	requested 	attorneys’ 	fees 	and
reimbursement of Litigation Expenses;
c. 	Class 	Counsel 	have 	conducted 	the 	litigation 	and 	achieved 	the
Settlement with skill, perseverance, and diligent advocacy;
d. 	The Action raised a number of complex issues;
e. 	Had Class Counsel not achieved the Settlement, there would remain a
significant risk that Class Plaintiffs and the other members of the Class may have
recovered less or nothing from Defendants;
f. 	Plaintiffs’ Counsel devoted 18,016.90 hours, with a lodestar value of
approximately $16,389,193.50, to achieve the Settlement; and
g. 	The amount of attorneys’ fees awarded and expenses to be reimbursed
from the Settlement Fund are fair and reasonable and consistent with awards in
similar cases.
9. 	Plaintiff John McCraner is hereby AWARDED $10,000 from the Settlement
Fund related to his representation of the Class.
10. 	Plaintiff Sharon Stiansen is hereby AWARDED $10,000 from the Settlement
Fund related to her representation of the Class.
/ / /
Case 3:21-cv-01245-TWR-DDL Document 395 Filed 03/26/26 PageID.<pageID>
Page 4 of 5

5
21-CV-1245 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11. 	Plaintiff Janet Pollard is hereby AWARDED $12,500 from the Settlement
Fund related to her representation of the Class.
12. 	Plaintiff Susan Landreau is hereby AWARDED $10,000 from the Settlement
Fund related to her representation of the Class.
13. 	Plaintiff 	Michael 	Darlington 	is 	hereby 	AWARDED 	$7,500 	from 	the
Settlement Fund related to his representation of the Class.
14. 	Plaintiff John Tuffield is hereby AWARDED $10,000 from the Settlement
Fund related to his representation of the Class.
15. 	Any appeal or any challenge affecting this Court’s approval regarding any
attorneys’ fees and expense application shall in no way disturb or affect the finality of the
Judgment.
* 	* 	*
16. 	In accordance with the Parties’ Consent to Exercise of Jurisdiction by a United
States Magistrate Judge, exclusive jurisdiction is hereby retained by the Honorable David
D. Leshner over the Parties and the Class Members for all matters relating to this Action,
including the administration, interpretation, effectuation, or enforcement of the Class
Agreement and this Order.
17. 	In the event that the Settlement is terminated or the Effective Date of the
Settlement otherwise fails to occur, this Order shall be rendered null and void to the extent
provided by the Class Agreement.
18. 	There is no just reason for delay in the entry of this Order, and immediate
entry by the Clerk of the Court is expressly directed.
IT IS SO ORDERED.
Dated: March 26, 2026
___________________________
Honorable Todd W. Robinson
United States District Judge
Case 3:21-cv-01245-TWR-DDL Document 395 Filed 03/26/26 PageID.<pageID>
Page 5 of 5