Acik v. I.C. System, Inc.

Filing 88

MOTION by Plaintiff Ahmet Acik, Defendant I.C. System, Inc. for judgment (joint motion for entry of stipulated judgment) (Attachments: #1 Exhibit 1)(Vernon, Stephen)

EXHIBIT 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION AHMET ACIK, on behalf of himself and all others similarly situated, Plaintiff, v. I.C. SYSTEM, INC. Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No. 07-CV-0881 Judge Gottschall Magistrate Judge Keys

RULES 23(C)(3)(B) & 58 JUDGMENT On the stipulation of the parties, judgment is hereby entered in favor of class representative, Ahmet Acik, and the class certified by the court order of June 18, 2008. Pursuant to Rule 23(c)(2)(B), notice has already been provided to the class certified under Rule 23(b)(3). Class Counsel sent notice via first class mail to all persons in the list of class members and their last known address provided by defendant. This judgment is not being entered in favor of any putative class members who timely excluded themselves as class members in this suit. Pursuant to Rule 23(e), Judgment is hereby entered against I.C. System, Inc. as follows: 1. Judgment is entered in favor of the named plaintiff, Ahmet Acik, in the total amount of $3,000. 2. Judgment is entered in favor of the class in the amount of $7,875.00 in actual damages and $46,611.76 in statutory damages. 3. Pursuant to Rule 23(h), Judgment is entered in favor of Plaintiff in the amount of $75,000 in costs and attorney fees incurred through December 8, 2009. 4. I.C. System, Inc. expressly reserves the right to appeal the district court ¶s order entering summary judgment on liability, and, only if I.C. System, Inc. appeals

such order, this judgment is conditional on the summary judgment order being affirmed in part or in its entirety on appeal. If I.C. System, Inc. does not appeal such order within thirty days of entry of this judgment, this judgment shall be valid and enforceable. 5. In the event that I.C. System, Inc. exercises its right to appeal the district court ¶s order entering summary judgment on liability and that order is affirmed in part or in its entirety, the parties shall provide notice to the class and otherwise comply with the requirements of Federal Rule of Civil Procedure 23(e). Defendant shall bear all costs of such notice if it is sent. 6. In the event of an appeal, and in the event that the district court ¶s order entering summar y judgment on liability is affirmed in part of in its entirety, the plaintiff and the class may petition the district court for additional costs and fees incurred subsequent to December 8, 2009, and the district court will retain jurisdiction to determine reasonable costs and fees incurred subsequent to December 8, 2009, and to ensure compliance with the requirements of Federal Rule of Civil Procedure 23(e).

Dated: February

, 2010

BY THE COURT /s/ Judge Joan B. Gottschall U.S. District Judge