Moeller et al v. American Media, Inc. et al

Filing 54

ORDER denying 51 MOTION CERTIFYING NOTICE OF FAULT/OPPORTUNITY TO CURE AND DEMAND FOR RELIEF IN CONJUNCTION WITH ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Signed by District Judge Judith E. Levy. (WBar)

Case 5:16-cv-11367-JEL-EAS ECF No. 54, PageID.927 Filed 02/17/21 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Elizabeth Moeller, et al.,
Plaintiffs,
v.
American Media Inc, et al.,
Defendants.

Case No. 16-11367
Judith E. Levy
United States District Judge
Mag. Judge Elizabeth A.
Stafford

________________________________/
ORDER DENYING ROBERT BROOKS’ MOTION CERTIFYING
NOTICE OF FAULT/OPPORTUNITY TO CURE AND DEMAND
FOR RELIEF IN CONJUNCTION WITH ORDER GRANTING
FINAL APPROVAL OF CLASS ACTION SETTLEMENT [51]
On September 28, 2017, the Court entered an order approving of
the class action settlement in this case. (ECF No. 42.) On May 28, 2020,
Robert Brooks, who states that he is a member of the approved class in
this case, filed a motion certifying notice of fault/opportunity to cure and
demand for relief in conjunction with order granting final approval of
class action settlement. (ECF No. 51.) In this motion, Brooks alleged that
he had not received a settlement check despite having submitted a claim

Case 5:16-cv-11367-JEL-EAS ECF No. 54, PageID.928 Filed 02/17/21 Page 2 of 3

form as a class member in this case. (Id. at PageID.919.) Brooks seeks
payment of his alleged portion of the settlement in addition to interest as
a result of Defendant American Media, Inc. (“AMI”) having allegedly
engaged in fraud to avoid awarding Brooks under the class action
settlement. (Id.)
On June 22, 2020, the Court entered an order requiring a response
to Brooks’ motion. (ECF No. 52.) On July 22, 2020, Defendant AMI filed
a response indicating that the claims administrator for this action,
Kurtzman Carson Consultants LLC (“KCC”), had inadvertently omitted
Brooks’ Michigan Department of Corrections (“MDOC”) number from the
address on the envelope for Brooks’ settlement check. (ECF No. 53,
PageID.922–923.) Defendant AMI notes that the check originally sent to
Brooks had not been cashed and that the missing MDOC number was
likely the reason that the check had not reached Brooks. (Id.) Defendant
AMI alleges that it requested KCC to reissue a check to Brooks at the
correct address, and that the check was set to reach Brooks “in a matter
of weeks” as of July 22, 2020. (Id. at PageID.922.)
The Court has not been informed of any issues with regard to
Brooks’ receipt of the newly issued settlement check in the approximately
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seven months that have elapsed since Defendant AMI’s response.
Additionally, the Court finds that Brooks has provided no evidence in
support of his allegation that Defendant AMI engaged in fraudulent
behavior to purposely avoid payment of Brooks’ settlement check.
For the reasons set forth above, the Court DENIES Brooks’ motion
certifying notice of fault/opportunity to cure and demand for relief in
conjunction with order granting final approval of class action settlement.
IT IS SO ORDERED.
Dated: February 17, 2021
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on February 17, 2021.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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