Martinez Guzman v. GDB International, Inc et al

Filing 35

MEMORANDUM AND ORDER. Signed by Judge J. Phil Gilbert on 7/1/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HELADIO HUMBERTO MARTINEZ
GUZMAN, individually and on behalf of all
other similarly situated,
Plaintiff,
vs.

Case No. 13-cv-1145-JPG-PMF

GDB INTERNATIONAL, INC., SANJEEV
BAGARIA and SUNIL BAGARIA,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the parties’ joint motion for (1) certification of a
class for settlement purposes, (2) preliminary approval of a class action settlement, (3) approval
of notice to class members, and (4) scheduling a hearing for final approval of the parties’ class
action settlement agreement (Doc. 33). Having fully and carefully reviewed the motion and
supporting memorandum, the proposed settlement agreement (Doc. 33-1), and the proposed
notice of class action settlement (Doc. 33-5), the Court finds that the settlement agreement was
negotiated at arm’s length by the parties and is a fair, reasonable, and adequate resolution of a
bona fide dispute in contested litigation. Therefore, the motion (Doc. 33) is GRANTED.
Accordingly, the Court ORDERS that:
1. The settlement (Doc. 33-1) of the Rule 23 class is preliminarily approved as a fair,
reasonable, and adequate resolution of the Rule 23 claims, pending notice to the class and
an opportunity to be heard at the final fairness hearing;
2. The parties’ proposed Rule 23 class is certified for settlement purposes;

3. The Court approves the notice (Doc. 33-5) as to form and content as reasonable notice
practicable under the circumstances and in full compliance with applicable law and
directs dissemination and distribution of said notice in accordance with the settlement
agreement;
4. Each Rule 23 class member shall have the opportunity to opt-out or object to the Rule 23
settlement, or any of its terms; and
5. The final approval hearing is set for October 1, 2014, at 10:00 a.m. at the U.S.
Courthouse, Benton, Illinois.

IT IS SO ORDERED.
DATED: July 1, 2014

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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