HARRISON v. CONSOLIDATED GOVERNMENT OF COLUMBUS GEORGIA et al

Filing 40

FINAL ORDER AND JUDGMENT granting 38 Motion for final approval of settlement. Ordered by US DISTRICT JUDGE CLAY D. LAND on 10/11/2017 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
CLEOPATRA HARRISON,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
CONSOLIDATED GOVERNMENT
OF COLUMBUS, GEORGIA, et. al.,
Defendants.

CIVIL ACTION
NO. 4:16-CV-329-CDL

FINAL APPROVAL ORDER AND JUDGMENT
Plaintiff
“Motion

for

has

Final

“Settlement”)
“Action”).

of

filed

a

motion

Approval”)
the

of

for

a

final

above-captioned

(the

settlement

proposed

approval

(the

class

action

(the

Cleopatra Harrison (“Plaintiff”), individually and

on behalf of the class of persons she seeks to represent (the
“Settlement

Class”

Defendants

Consolidated

(“Columbus”),
Michael

Michael

Lincoln

Defendants

defined

are

below),

filed

Government

Cielinski,

(collectively
collectively

John

this

of

Columbus,

Darr,

“Defendants”)

referred

to

action

as

Ricky

against
Georgia

Boren,

(Plaintiff
the

and
and

“Parties”).

Having fully considered the pending motion, the Court grants it
and approves the parties’ Class Action Settlement Agreement (the
“Agreement” or the “Settlement Agreement”), finding and ordering
as follows:
1.

Unless defined herein, all defined terms in this Final

Approval Order and Judgment shall have the respective meanings
set forth in the Agreement.
2.

This Court has jurisdiction over the subject matter of

the Action and over all parties to the Action, including all
Settlement Class Members.
3.

The

Court

preliminarily

approved

the

Settlement

Agreement and entered the Preliminary Approval Order dated April
26, 2017, and notice was given to all members of the Settlement
Class under the terms of the Preliminary Approval Order.
4.

The Court has read and considered the papers filed in

support of the Motion, including the Settlement Agreement and
the exhibits thereto, arguments and representations submitted on
behalf

of

the

Plaintiff,

Settlement

Class

Members,

and

Defendants. The Court has not received any objections from any
person

regarding

hearing

on

the

October

Settlement

11,

2017,

at

Agreement.
which

The

time

Court

the

held

parties

a

and

objecting Settlement Class Members were afforded the opportunity
to be heard in support of or in opposition to the Settlement
Agreement.
5.

Based

on

the

papers

filed

with

the

Court

and

the

presentations made to the Court at the hearing, the Court now
gives

final

approval

to

the

Settlement

and

finds

that

the

Settlement Agreement is fair, adequate, reasonable, and in the
best

interests

of

the

Settlement

2

Class.

This

finding

is

supported by, among other things, the complex legal and factual
posture of the Action, the fact that the Settlement Agreement is
the

result

of

arm’s

length

negotiations,

and

the

settlement

benefits being made available to Settlement Class Members.
6.

Under Federal Rule of Civil Procedure 23(c), the Court

certifies, for settlement purposes only, the following class:
All persons who, at any time from October 5,
2014, through the date of the Settlement
Agreement, were assessed or paid a “victim
assessment fee” related to a proceeding in
the Columbus Recorder’s Court or any similar
fee for dismissal or non-prosecution of a
criminal action in the Columbus Recorder’s
Court, including but not limited to, any fees
assessed or paid by any persons pursuant to
former section 2.15.2(1) of the Columbus Code
of Ordinances.
7.

Under Federal Rule of Civil Procedure 23(g), Cleopatra

Harrison is hereby appointed as Class Representative and the
following are hereby appointed as Class Counsel:
Sarah Geraghty
Ryan Primerano
Southern Center for Human Rights
83 Poplar Street NW
Atlanta, GA 30303
Mark C. Post
Harp, Poydasheff, Post & Sowers, LLC
P.O. Box 1172
Columbus, GA 31902
8.

With

respect

to

the

Settlement

Class,

this

Court

finds, for settlement purposes only, that: (a) the Settlement
Class

is

so

numerous

that

joinder

3

of

all

members

is

impracticable; (b) there are questions of law or fact common to
the

Settlement

Class;

(c)

the

claims

of

the

Class

Representative, identified above, are typical of the claims of
the Settlement Class; (d) the Class Representative will fairly
and adequately protect the interests of the Settlement Class;
(e) the questions of law or fact common to the members of the
Settlement Class predominate over the questions affecting only
individual

members,

and

(f)

certification

of

the

Settlement

Class is superior to other available methods for the fair and
efficient
finds

adjudication

that:

(g)

limited

interest

issue;

(h)

the
in

the

of

the

members

controversy.
of

the

individually

Court

is

The

Court

further

Settlement

Class

have

prosecuting

satisfied

with

the

claims

the

a
at

Parties’

representations that they are unaware of any other litigation
commenced

regarding

the

claims

at

issue

by

members

of

the

Settlement Class; (i) it is desirable to concentrate the claims
in

this

forum;

and

(j)

it

is

unlikely

that

there

will

be

difficulties encountered in administering this Settlement.
9.

The Court has determined that the notice given to the

Settlement Class, in accordance with the Notice Plan in the
Settlement Agreement and the Preliminary Approval Order, fully
and accurately informed members of the Settlement Class of all
material elements of the Settlement and constituted the best
notice practicable under the circumstances, and fully satisfied

4

the requirements of due process, Federal Rule of Civil Procedure
23, and all applicable law.
10.

All persons who made timely and valid requests for

exclusion are excluded from the Settlement Class and are not
bound by this Final Approval Order and Judgment.
11.

The

Agreement

Court

to

orders

perform

the

their

parties

to

obligations

the

Settlement

thereunder.

The

Settlement Agreement shall be deemed incorporated herein as if
explicitly set forth and shall have the full force of an order
of this Court.
12.

The Court orders Defendants to tender a check for the

Settlement Funds to Class Counsel in accordance with the terms
of the Settlement Agreement within 14 days of the date of this
Order.
Funds

The Court orders Class Counsel to distribute Settlement
to

members

of

the

Settlement

Class

within

14

days

of

receiving a check for the Settlement Funds from Defendants.
13.

Within

30

days

of

the

date

of

this

Order,

Class

Counsel shall provide the Court with written notice confirming
that the Settlement Funds were distributed, and shall move for
an order dismissing this case with prejudice.
14.

On

and

after

the

Effective

Date,

the

Releasing

Parties, and each of them, are forever barred and permanently
enjoined from directly, indirectly, representatively, or in any
other capacity filing, commencing, prosecuting, continuing, or

5

litigating

any

other

proceeding

against

any

of

the

Released

Parties in any jurisdiction based on or relating in any way to
the Released Claims, and the Releasing Parties, and each of
them, are forever barred and permanently enjoined from filing,
commencing,

or

prosecuting

any

lawsuit

individually

or

as

a

class action against any of the Released Parties (including by
seeking

to

allegations

amend
or

by

a

pending

seeking

complaint

class

to

certification

include
in

a

class
pending

action in any jurisdiction) based on or relating in any way to
the Released Claims.
15.

The

Court

further

adjudges

that

upon

the

Effective

Date, the above-described releases and the Settlement Agreement
will be binding on, and have res judicata and preclusive effect
in

all

pending

and

future

lawsuits

or

other

proceedings

maintained by or on behalf of the Releasing Parties, and each of
them.
16.

Without affecting the finality of this Final Approval

Order and Judgment in any way, the Court retains jurisdiction
over:

(a)

Agreement

implementation
until

the

final

and

enforcement

judgment

of

the

contemplated

Settlement
hereby

has

become effective and each and every act agreed to be performed
by the parties hereto pursuant to the Settlement Agreement has
been performed; (b) any other action necessary to conclude the
Settlement and to administer, effectuate, interpret and monitor

6

compliance with the provisions of the Settlement Agreement; and
(c) all parties to this Action and Settlement Class Members for
the

purpose

of

implementing

and

enforcing

the

Settlement

Agreement, including the bar order set forth in paragraph 15
above.
17.

The Court approves payment of attorneys’ fees to Class

Counsel in the amount of $15,000. These amounts shall be paid in
accordance with the terms of the Settlement Agreement. The Court
finds

the

award

of

attorneys’

fees,

costs,

and

expenses

appropriate and reasonable and the Court notes that the class
notice specifically and clearly advised the class that Class
Counsel would seek the award.
18.

The Court approves the incentive fee payment of $5,000

for Cleopatra Harrison and specifically finds such amount to be
reasonable in light of the service performed by Plaintiff for
the Settlement Class. This amount shall be paid in accordance
with the terms of the Settlement Agreement.
19.

Neither this Final Approval Order and Judgment nor the

Settlement Agreement shall be construed or used as an admission
or concession by or against either Defendants or any of the
Released

Parties

of

any

fault,

omission,

liability,

or

wrongdoing, or the validity of any of the Released Claims. This
Final

Approval

validity

or

Order

and

invalidity

of

Judgment
any

7

is

claims

not
in

a

finding

this

of

Action

the

or

a

determination of any wrongdoing by

Defendants

or any of the

Released Parties. The final approval of the Settlement Agreement
does not constitute any opinion, position, or determination of
this Court, one way or the other, as to the merits of the claims
and

defenses

of

Plaintiff,

the

Settlement

Class

Members,

or

Defendants.
20.

To

the

extent

that

any

checks

to

Settlement

Class

Members expire and become null and void, and to the extent that
any undisbursed funds remain in the Settlement Fund for any
other reason, any remaining funds shall be distributed as a cy
pres award to the Columbus Alliance for Battered Women d/b/a
Hope Harbour.
21.

Any

objections

to

the

Settlement

Agreement

are

overruled and denied in all respects. The Court finds that no
just reason exists for delay in entering this Final Approval
Order and Judgment. Accordingly, the Clerk is hereby directed
forthwith to enter this Final Approval Order and Judgment.
SO ORDERED, this 11th day of October, 2017.
s/Clay D. Land
CLAY D. LAND, CHIEF JUDGE
U.S. DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA

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