Hartley v. Suburban Radiologic Consultants, Ltd. et al
Filing
106
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 91 Joint Motion for Final Approval of Class Action Settlement Agreement filed by Keith Hartley, 96 Unopposed Motion for Attorney Fees & Costs filed by Keith Hartley (Written Opinion). Signed by Judge John R. Tunheim on August 7, 2014. (HAZ)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
KEITH HARTLEY, on behalf of himself and all
others similarly situated,
Civil No. 11-2664 (JRT/JJG)
Plaintiff,
v.
SUBURBAN RADIOLOGIC CONSULTANTS,
LTD. And CT INC. SERVICES, and assumed
name for Colltech Inc.,
ORDER ON REPORT
AND RECOMMENDATION
Defendants.
Mark L Vavreck, MARTINEAU, GONKO & VAVRECK, PLLC, 401 North
Third Street, Suite 600, Minneapolis, MN 55401, Thomas J Lyons, LYONS
LAW FIRM, P.A., 367 Commerce Court, Vadnais Heights, MN 55127, for
plaintiff,
Matthew R Doherty, Ryan Trucke, BRUTLAG, HARTMANN & TRUCKE,
PA, 3555 Plymouth Boulevard, Suite 117m Plymouth, MN 55447, for defendants.
The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. The Report and
Recommendation is unopposed by the parties.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.
The Report and Recommendation are ADOPTED;
2.
The Joint Motion for Final Approval of Class Action Settlement
Agreement (ECF No. 91) and Plaintiff’s Unopposed Motion for
Attorney’s Fees & Costs (ECF No. 96) are GRANTED as follows:
a.
The Court finds that the requirements of Federal Rule of Civil
Procedure 23 have been satisfied as to the Class Period defined in the
Settlement Stipulation. Pursuant to Federal Rule of Civil Procedure 23:
i.
the Court specifically finds that (i) the Settlement Class is so
numerous that joinder of all members is impracticable, (ii) there
are questions of law and fact common to the Settlement Class,
(iii) Plaintiffs’ claims are typical of the claims of the Settlement
Class, and (iv) Plaintiffs will fairly and adequately protect the
interests of the Settlement Class;
ii.
the Court finds that Plaintiffs and Class Counsel have
adequately represented the interests of the Settlement Class with
respect to this Action and the claims they have asserted;
iii.
the Court finds that the common issues shared by members of
the Settlement Class predominate and that a Class Settlement is
superior to other methods of resolving these claims. The Court
further finds that Members of the Settlement Class have been
provided with reasonable and adequate notice and the
opportunity to opt out or object to the settlement, and,
accordingly, that their due process considerations have been
satisfied.
b.
The Court finds and concludes that the Settlement is fair, reasonable
and adequate and in the best interest of the Settlement Class, and
hereby approves the Settlement and all transactions preliminary or
incident to it. The Court, when considering the risks and expense of
continued litigation in comparison with the likelihood of success on the
merits, finds and declares that the benefits associated with the monetary
relief are applicable to and will be enjoyed by, and substantially
benefits, the members of the Settlement Class. The parties to the
Settlement Stipulation, which is attached and incorporated by reference,
are hereby authorized and directed to comply with and to consummate
the Settlement Stipulation in accordance with its terms and provisions.
c.
The Settlement Stipulation, including the definitions contained in it and
the exhibits to it, is approved and shall be effectuated, enforced, and
carried out in accordance with its terms and provisions, and the Court
orders the parties to comply with the Settlement Stipulation. The terms
“Released Parties,” “Released Claims,” “Settlement Class,” “Settlement
Class Members,” and all other terms in this Final Judgment are defined
in accord with the terms in the Settlement Stipulation.
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d.
This Final Judgment is binding on all parties to the Settlement
Stipulation and on all Settlement Class Members. Settlement Class
Members, as defined in the Settlement Stipulation, include all of the
following who did not timely request exclusion from the Settlement
Class. The Settlement Class is further defined as:
all persons/consumers residing in Minnesota to whom
letters / message alerts, similar to Exhibit 1, were sent
during the Class Period.
e.
Provided, however, that the following are excluded from the
“Settlement Class” and from being “Settlement Class Members”:
(i)
persons who asserted claims which were the subject of
any lawsuit filed during the Class Period alleging causes
of action related to any Released Claims;
(ii)
persons who asserted any claims for which CT Inc.
received an executed release during the Class Period;
(iii)
CT Inc., all present or former officers and/or directors of
CT Inc., Class Counsel, the Judge of this Court, CT
Inc.’s counsel of record; and
(iv)
all Persons who make a timely election to be excluded
from the Settlement Class.
f.
The Court awards reasonable and necessary attorneys’ fees and
expenses to Class Counsel in the amount of $87,500.00.
g.
The Court awards Plaintiff Keith Hartley a class representative award
of $7,000.00.
h.
Liability for and payment of such attorneys’ fees and expenses shall be
as set forth in Part XII of the Settlement Stipulation.
i.
Entry of this Final Judgment approves the Settlement Stipulation and
settles all Released Claims. As of the Effective Date of the Settlement
Stipulation, Plaintiffs and all Settlement Class Members shall be
forever barred from bringing or prosecuting any action or proceeding
that involves or asserts any of the Released Claims, as defined in the
Settlement Stipulation, against the Released Parties, and shall be
deemed to have released and forever discharged the Released Parties
from all Released Claims.
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j.
As of the Effective Date of the Settlement Stipulation, Plaintiffs and all
Settlement Class Members shall be conclusively deemed to have
acknowledged the release of all Released Claims, including but not
limited to claims, rights, demands, causes of action, liabilities or suits
that are not known or suspected to exist as of the Execution Date of the
Settlement Stipulation.
k.
The Effective Date of the Settlement shall be that date on which the
time for appeal or to seek permission to appeal from the Court’s
approval of the agreement and entry of this Final Judgment expires or,
if appealed, approval of this Settlement Stipulation and this Final
Judgment has been affirmed in its entirety by the Court of last resort to
which such appeal has been taken and such affirmance has become no
longer subject to further appeal or review.
l.
The Released Parties shall not be required to nor be under any
obligation to provide any relief set forth in the Settlement Stipulation
until after the Effective Date.
m.
The monetary relief and payment of attorneys’ fees and expenses as
provided and capped in the Settlement Stipulation are the only
consideration, fees, and expenses the Released Parties shall be
obligated to give Plaintiffs, Settlement Class Members and/or Class
Counsel in connection with the Settlement Stipulation.
n.
All Released Claims, as defined in the approved Settlement Stipulation,
are dismissed in their entirety, with prejudice.
o.
In the event the terms of this Judgment are vacated, or materially
modified on appeal, this Judgment (except this Paragraph) shall be null
and void, the Settlement Stipulation shall be deemed terminated and the
parties shall return to their positions as provided for in the Settlement
Stipulation.
The Court FURTHER ORDERS as follows:
1.
The Court reserves and retains exclusive and continuing jurisdiction over this
Action, Plaintiffs, the Settlement Class Members, and the Released Parties, to the fullest
extent allowed by Minnesota law, for the purposes of supervising the enforcement,
construction, and interpretation of:
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(a)
(b)
2.
the Settlement Stipulation, and
this Final Judgment.
This Final Judgment and the Settlement Stipulation, and all papers related
thereto, are not, and shall not be construed to be, an admission by any Party of any liability or
wrongdoing whatsoever;
3.
Costs of Court are to be borne by the Party/Parties incurring same.
This Final Judgment incorporates all other orders and resolves all claims in this
case made by all parties. All other relief not expressly granted herein is hereby DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 7, 2014
s/John R. Tunheim
JOHN R. TUNHEIM
United States District Judge
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