In Re: Stericycle, Inc., Sterisafe Contract Litigation

Filing 409

MOTION by Plaintiffs Amores Dental Care, COCHRANTON VETERINARY HOSPITAL, Drs. McMackin & Zimnoch PC, Greater Hampstead Family Medicine PC, Lyndon Veterinary Clinic, PLLC, Madison Avenue Professional Building, ResearchDx LLC for judgment (PLAINTIFFS' UNOPPOSED MOTION FOR ENTRY OF FINAL JUDGMENT) (Berman, Steve)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
IN RE: STERICYCLE, INC., STERI-SAFE
CONTRACT LITIGATION

No. 1:13-cv-05795
MDL No. 2455
Judge Robert W. Gettleman

PLAINTIFFS’ UNOPPOSED MOTION FOR ENTRY OF FINAL JUDGMENT

010362-11 1025347 V1

On March 8, 2018, the Court granted Final Approval of the Settlement Agreement (Dkt.
No. 382) and instituted procedures permitting certain Stericycle customers who submitted
deficient opt-out notices to either cure the deficiencies or be considered a part of the Class. That
process has been completed, as described in the parties’ Joint Status Report (Dkt. No. 405) and
the declaration of the Settlement Administrator (Dkt. No. 408-1).
Although there are open issues relating to the timeliness and validity of certain opt-out
requests (and the related motions filed by counsel for certain individuals and entities who
submitted requests to be excluded from the Settlement), Plaintiffs believe those issues are ripe
for decision as the parties have exhausted good-faith attempts to resolve the outstanding issues
with opt-out counsel. As a result, the Court should be in a position to adopt a Final Opt-Out List
at or following the May 3, 2018 hearing. Once the Court has adopted and approved a Final OptOut list,1 no further obstacles prevent the entry of final judgment.
Plaintiffs therefore respectfully request that the Court enter final judgment upon the
Settlement Agreement consistent with its Final Approval Order and adoption of a Final Opt-Out
List. Counsel for Stericycle has informed Plaintiffs’ Class Counsel that it does not oppose entry
of judgment in the form proposed by Plaintiffs’ Class Counsel (and submitted to the Court as a
Proposed Final Judgment).

1

Plaintiffs believe that the list submitted with the Settlement Administrator’s declaration on
April 26, 2018, should be adopted and approved. However, if the Court orders changes to that
list, then Plaintiffs seek entry of judgment based upon the Final Approval Order and the Final
Opt-Out List in the form ultimately approved by the Court.
-1010362-11 1025347 V1

DATED: April 30, 2018

Respectfully submitted,
By: /s/ Steve W. Berman
Steve W. Berman
Garth D. Wojtanowicz
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Elizabeth A. Fegan
HAGENS BERMAN SOBOL SHAPIRO LLP
455 Cityfront Plaza Drive, Suite 2410
Chicago, IL 60611
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Class Counsel

-2010362-11 1025347 V1

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the foregoing was filed
electronically via the Court’s ECF system, on April 30, 2018. Notice of electronic filing will be
sent to all parties by operation of the Court’s electronic filing system.
DATED: April 30, 2018

HAGENS BERMAN SOBOL SHAPIRO LLP
By:

-3010362-11 1025347 V1

/s/ Steve W. Berman
STEVE W. BERMAN