Walker v. McLane/Midwest, Inc.

Filing 29

ORDER entered by Judge Nanette Laughrey. The Parties' Joint Motion for Final Approval of Class Action Settlement [Doc. 27 ] is granted. This is a TEXT ONLY ENTRY. No document is attached.(Rosenbaum, Daniel)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
JAMES WALKER,
Individually And On Behalf Of
All Others,
Plaintiffs,
vs.
MCLANE/MIDWEST, INC.
Defendant.

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Case No.: 2:14-cv-04315-NKL

ORDER
This matter having come before the Court on October 23, 2015, upon the Parties’ Joint
Motion for Final Approval of Class Action Settlement (Doc. 27), the evidence and arguments of
counsel presented at the Court’s Final Fairness Hearing, and the submissions filed with this
Court, IT IS HEREBY ORDERED AND ADJUDGED as follows:
On November 10, 2014, Plaintiff James Walker (herein after referred to as the “Named
Plaintiff”) filed the above-captioned lawsuit on behalf of himself and a putative class
(“Lawsuit”) against Defendant Mclane/Midwest, Inc. The Lawsuit was removed to this Court on
December 5, 2014 based on federal question jurisdiction. The Named Plaintiff asserted class
claims against Defendant under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et
seq.
Defendant denied any and all liability alleged in the Lawsuit.
After extensive arms-length negotiations and a mediation with esteemed mediator
Richard Sher, the Named Plaintiff and Defendant entered into a Settlement Agreement, which
was revised and submitted to the Court on June 30, 2015.

On July 20, 2015, upon consideration of the Parties’ Settlement Agreement and Motion
for Preliminary Approval, the Court entered an Order preliminarily approving the Settlement
Agreement and certifying a settlement class in accordance with the terms of the Parties’
Agreement. (Doc. 26). Pursuant to the Order, the Court, among other things, (1) preliminarily
approved the parties Settlement Agreement, including Class Counsel’s request for attorneys’ fees
and an incentive award to the Named Plaintiff; (2) conditionally certified the settlement class; (3)
designated Charles Jason Brown and Jayson A. Watkins as Class Counsel, and Named Plaintiff
as representative for the Class; (4) approved the form class notice; and (5) set the date for the
Final Fairness Hearing
On October 23, 2015, the Parties filed their Motion for Final Approval of Class Action
Settlement.
On October 23, 2015, at 11:00 a.m. CST, a Final Fairness hearing was held pursuant to
Fed. R. Civ. P. 23, to determine whether the Lawsuit satisfies the applicable prerequisites for
class action treatment; whether the proposed settlement is fair, reasonable, and adequate; and
whether the settlement should be finally approved by the Court.
The Parties now request that the Court finally certify the settlement classes under Fed. R.
Civ. P. 23(b)(3), and enter final approval of the proposed class action settlement.
Upon reading and duly considering the Parties Settlement Agreement, Motions, and
statements, the Court finds as follows:
1.

The Court has jurisdiction over the subject matter of the Lawsuit and over all

settling parties hereto.
2.

Pursuant to Fed. R. Civ. P. 23(b)(3), the Lawsuit is hereby certified as a class

action on behalf of the following Class Members:

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All employees or prospective employees of the Defendant in the United States
who were the subject of a consumer report procured on or after January 28, 2012
through DATE and who executed the FCRA disclosure form in use during this
period.
3.

Charles Jason Brown and Jayson A. Watkins are designated as Class Counsel.

James Walker is designated as representative for the Class.
4.

Pursuant to the Court’s Order of preliminary approval, the approved class notices

were mailed to Class Members on August 17, 2015. The notices satisfied the requirements of
Fed. R. Civ. P. 23(c)(2)(B) and due process, and constituted the best notice practicable under the
circumstances.
5.

There was two (2) opt out class members and no objecting class members. As a

result, all members of the class, are bound by this order and are permanently enjoined from
commencing, prosecuting, or maintaining any claim already asserted in, encompassed by, or
released in connection with, this action.
6.

The Court finds that the settlement of the Lawsuit, on the terms and conditions set

forth in the Parties’ Settlement Agreement is fair, reasonable, and adequate in light of the benefit
to the Class Members; the complexity, expense, and probable duration of further litigation; the
inherent risk and delay in litigation and the appeals process; and the potential for recovery in this
case.
7.

Within thirty (30) days from the date of this Order, the Parties’ settlement

administrator shall mail a check for the net settlement amount, as provided for in the Parties’
Settlement Agreement, to each Class Member who has not opted out of the Class.
8.

The Parties recommendation of the U.S. Committee for Refugees and Immigrants

as the cy pres beneficiary is consistent with promoting the rule of law and is approved.

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9.

The incentive award to the Named Plaintiff is approved and Named Plaintiff is

permanently barred and enjoined from instituting or prosecuting any of the claims release in the
Settlement Agreement.
10.

It is hereby ORDERED that the Lawsuit is hereby DISMISSED WITH

PREJUDICE in all respects.
11.

The Court retains continuing and exclusive jurisdiction of the Parties regarding all

matters relating to the Lawsuit, including the administration, consummation, and enforcement of
the Settlement Agreement.
For the foregoing reasons and as stated above, the Court grants the Parties’ Joint Motion
for Final Approval of Class Action Settlement.

s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: October 23, 2015
Jefferson City, Missouri

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