Coulter-Owens v. Rodale, Inc.

Filing 55

STIPULATED JUDGMENT Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROSE COULTER-OWENS, individually,
and on behalf of all others similarly
situated,
Plaintiff,
Case No. 14-12688

v.
RODALE INC.,
Defendant.
_________________________________/

STIPULATED FINAL JUDGMENT
This Stipulation is entered into by and among Plaintiff Rose Coulter-Owens and
Defendant Rodale Inc., by and through their respective counsel.
WHEREAS, Plaintiff Rose Coulter-Owens (“Plaintiff”), individually and as Class
Representative, and Defendant Rodale Inc. (“Defendant”) entered into a Settlement
Agreement (Dkt. #51-2), which, together with the exhibits attached thereto, set forth the
terms and conditions for the settlement and dismissal of the Action with prejudice, (See
id. § 7.3); and
WHEREAS, on September 29, 2016, the Court granted Plaintiff’s Motion for Final
Approval of Class Action Settlement, (Dkt. #54) (“Final Approval Order”); and
WHEREAS, the Parties now respectfully request that the Court enter a Final
Judgment in this matter and dismiss the action as set forth in their Class Action
Settlement Agreement.

NOW THEREFORE the Parties stipulate as follows:
1.

The terms and phrases in this Stipulation shall have the same meaning as

ascribed to them in the Parties’ Class Action Settlement Agreement.
2.

Upon execution and filing of this stipulation, the parties request that the

Court enter an order:
a.

Finding that the Court has jurisdiction over the subject matter of the

Action and over all Parties to the Action, including all Settlement Class members.
b.

Finding that the notice provided to the Settlement Class fully

complied with the requirements of Fed. R. Civ. P. 23 and due process as discussed in
the Final Approval Order, and that the Defendants properly and timely notified the
appropriate government officials of the Settlement Agreement pursuant to the Class
Action Fairness Act of 2005, 28 U.S.C. § 1715, and that more than ninety (90) days
elapsed between the date of that notice and the Final Approval Order.
c.

Directing the Parties to implement the Settlement Agreement

according to its terms and provisions and incorporating the Settlement Agreement into
this Final Judgment in full, such that the Settlement Agreement has the full force of an
Order of this Court, provided, however, that the terms of the Final Approval Order shall
supersede those of the Settlement Agreement wherever the two may conflict.
d.

Dismissing the Action, as identified in the Settlement Agreement,

on the merits and with prejudice.
e.

Finding that except as otherwise set forth in the Court’s order

granting final approval of the Class Action Settlement Agreement, the Parties shall bear
their own costs and attorneys’ fees.

2

f.

Finding that Plaintiffs and each and every Settlement Class

Member who did not opt out of the Settlement Class (whether or not such members
submit claims), including such individuals’ respective present or past heirs, executors,
estates, administrators, predecessors, successors, assigns, parent companies,
subsidiaries, associates, affiliates, employers, employees, agents, consultants,
independent contractors, insurers, directors, managing directors, officers, partners,
principals, members, attorneys, accountants, financial and other advisors, underwriters,
shareholders, lenders, auditors, investment advisors, legal representatives, successors
in interest, assigns and companies, firms, trusts, and corporations shall be deemed to
have released Defendant, as well as any and all of its respective present or past heirs,
executors, estates, administrators, predecessors, successors, assigns, parent
companies, subsidiaries, licensors, licensees, associates, affiliates, employers,
employees, agents, consultants, independent contractors, insurers, directors, managing
directors, officers, partners, principals, members, attorneys, accountants, financial and
other advisors, underwriters, shareholders, lenders, auditors, investment advisors, legal
representatives, successors in interest, assigns and companies, firms, trusts, and
corporations from any and all actual, potential, filed, known or unknown, fixed or
contingent, claimed or unclaimed, suspected or unsuspected, claims, demands,
liabilities, rights, causes of action, contracts or agreements, extracontractual claims,
damages, punitive, exemplary or multiplied damages, expenses, costs, attorneys’ fees
and or obligations (including “Unknown Claims,” as defined in the Settlement
Agreement), whether in law or in equity, accrued or unaccrued, direct, individual or
representative, of every nature and description whatsoever, whether based on the

3

VRPA or other federal, state, local, statutory or common law or any other law, rule or
regulation, against the Released Parties, or any of them, arising out of any facts,
transactions, events, matters, occurrences, acts, disclosures, statements,
representations, omissions or failures to act regarding the alleged disclosure of the
Settlement Class Members’ magazine subscription information, including all claims that
were brought or could have been brought in the Action.
g.

Finding that the above release of claims and the Settlement

Agreement will be binding on, and will have res judicata and preclusive effect on, all
pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff
and all other Settlement Class Members and Releasing Parties.
h.

Permanently barring and enjoining all Settlement Class Members

from filing, commencing, prosecuting, intervening in, or participating (as class members
or otherwise) in any lawsuit or other action in any jurisdiction based on or arising out of
any of the Released Claims.
i.

Finding that all payments made to Settlement Class Members

pursuant to the Settlement Agreement that are not cashed within ninety (90) days of
issuance shall revert to the Michigan Bar Foundation’s Access to Justice Fund, which
the Court approves as an appropriate cy pres recipient.
j.

Finding that the Parties, without further approval from the Court, are

hereby permitted to agree to and adopt such amendments, modifications and
expansions of the Settlement Agreement and its implementing documents (including all
exhibits to the Settlement Agreement) so long as they are consistent in all material
respects with this Final Judgment, the Court’s order granting final approval to the Class

4

Action Settlement Agreement, and do not limit the rights of Settlement Class Members.
k.

Without affecting the finality of this Final Judgment for purposes of

appeal, finding that until the Effective Date, the Court shall retain jurisdiction over all
matters relating to administration, consummation, enforcement, and interpretation of the
Settlement Agreement.
l.

Directing entry of this Final Judgment pursuant to Federal Rule of

Civil Procedure 58 based upon the Court’s finding that there is no just reason for delay
of enforcement or appeal of this Final Judgment.
IT IS SO STIPULATED.
Date: October 25, 2016

Respectfully submitted,
/s/ Benjamin S. Thomassen
One of Plaintiff’s attorneys
Ari J. Scharg
[e-mail]
Benjamin S. Thomassen
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
Henry M. Scharg – P28804
[e-mail]
LAW OFFICE OF HENRY M. SCHARG
718 Ford Building
Detroit, Michigan 48226
Tel: [phone]
Fax: [phone]
Counsel for Plaintiffs and the putative Class

5

Date: October 25, 2016

Respectfully submitted,
/s/ Anthony T. Eliseuson
One of Defendant’s attorneys
Natalie J. Spears
Anthony T. Eliseuson
Kristen C. Rodriguez
DENTONS US LLP
233 South Wacker Drive
Suite 7800
Chicago, IL 60606
[phone]
[phone] (fax)
[e-mail]
[e-mail]
[e-mail]
Peter B. Kupelian (P31812)
Carol G. Schley (P51301)
CLARK HILL PLC
500 Woodward Avenue, Suite 3500
Detroit, MI 48226
[e-mail]
[e-mail]

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: October 25, 2016

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, October 25, 2016, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

6