Martinez Reyes v. Summit Health Management, LLC

Filing 42

FINAL APPROVAL ORDER AND JUDGMENT: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: The Settlement Agreement submitted by the parties is finally approved pursuant to Rule 23(e) of the Federal Rules of Civil Procedure as fair, reasonable, and adequate and in the best interests of the Class. The Settlement Agreement shall therefore be deemed incorporated herein and the proposed settlement is finally approved and shall be consummated in accordance with the terms and provisions thereof, e xcept as amended or clarified by any subsequent order issued by this Court. This action is hereby dismissed on the merits, with prejudice and without costs, except as provided in the Settlement Agreement and this Final Order and Judgment. In the event that there is a cy pres remainder, as set forth in the Settlement Agreement, the Court approves Epidemics Fund of The Fund for Public Health NYC as a cy pres recipient, and distribution. As further set forth in this Order. Upon consider ation of Class Counsel's application for fees and costs and other expenses, Class Counsel, are hereby awarded attorneys' fees in the amount of $600,000.00, which the Court finds to be fair and reasonable, and $7,546.07 in reimbu rsement of expenses incurred in prosecuting the Actions, which amounts will be paid through the Settlement Fund, and the Court hereby directs payment as provided under the terms of the Settlement Agreement. Upon consideration of the Class Counsel&# 039;s application for a service award for the Named Plaintiff, the Named Plaintiff is hereby awarded a service award in the amount of $9,000 for her services in assisting the prosecution of the case, and the Court hereby directs payment as pro vided under the terms of the Settlement Agreement. Because the exact fees incurred by the Settlement Administrator cannot yet be determined, the Court approves deducting from the Settlement Fund all reasonable fees up to $140,000 but not exc eeding that sum. Class Counsel is charged with reviewing the Settlement Administrator's invoices for reasonableness. Before such invoices are paid from the Settlement Fund, up to $50,000 for the mailing of Settlement checks shall be paid b y the Defendant directly to the Settlement Administrator. Any amount over $50,000 shall come out of the Settlement Fund. Settlement Administration Costs are to be paid pursuant to the conditions set forth in the Settlement Agreement. As fur ther set forth in this Order. The parties and each Class Member have irrevocably submitted to the exclusive jurisdiction of this Court for any suit, action, proceeding, or dispute arising out of the Settlement Agreement. As further set fo rth in this Order. The Court finds, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, that there is no just reason for delay, and directs the Clerk to enter final judgment., Motions terminated: 39 MOTION to Approve FINAL APPROVAL OF THE PROPOSED CLASS ACTION SETTLEMENT . filed by Ana Martinez Reyes. (Signed by Judge Vernon S. Broderick on 5/9/2024) (ks) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------------X
ANA MARTINEZ REYES,
individually and on behalf of
all others similarly situated,

Case No. 22-cv-09916

Plaintiffs,
-againstSUMMIT HEALTH MANAGEMENT, LLC,
Defendant.

--------------------------------------------------------------------------X
FINAL APPROVAL ORDER AND JUDGMENT
This matter, having come before the Court on Plaintiff’s Motion for Final Approval of
the proposed class action settlement with Defendant, Summit Health Management, LLC. After
review and consideration of the Settlement Agreement, the papers in support of the motion,
including the Lesser Declaration and all of its accompanying exhibits, and all prior proceedings
in this Action, the Court hereby finds that:
1.

Notice to the Class required by Rule 23(e) of the Federal Rules of Civil Procedure

has been provided in accordance with the Court’s Preliminary Approval Order (ECF. No.31).
Such Notice has been given in an adequate and sufficient manner; constitutes the best notice
practicable under the circumstances; and satisfies Rule 23(e) and due process. All definitions
and terms set forth in the Settlement Agreement (ECF. No. 25, Exhibit A) are incorporated
herein by reference.
2.

The Defendant has timely filed notification of this settlement with the appropriate

officials pursuant to the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1715. The

Court has reviewed such notification and accompanying materials and finds that the
Defendant’s notification complies fully with the applicable requirements of CAFA.
3.

The Settlement Agreement was arrived at as a result of arms-length negotiations

facilitated by an experienced mediator that were conducted in good faith by counsel for the
parties, and is supported by the parties.
4.

The Settlement as set forth in the Settlement Agreement is fair, reasonable, and

adequate to the members of the Class in light of the complexity, expense and duration of
litigation and the risks involved in establishing liability, damages and in maintaining the class
action through trial and appeal.
5.

The relief provided under the Settlement constitutes fair value given in exchange

for the release of claims.
6.

It is in the best interests of the parties and the Class Members and consistent with

principles of judicial economy that any dispute between any Class Member (including any
dispute as to whether any person is a Class Member) and any Released Party which in any way
relates to the applicability or scope of the Settlement Agreement or this Final Order and
Judgment should be presented exclusively to this Court for resolution by this Court.
7.

The Settlement Class is finally certified for settlement purposes only, the Court

finding that the Settlement Class satisfies all applicable requirements of Rule 23 of the Federal
Rules of Civil Procedure and due process, under the following class definition:
The Class: All persons who paid CityMD bills up to and including December 1,
2022, for a Covid test that was conducted at a CityMD facility located in either
New York or New Jersey.
The Class does not include Defendant’s officers, directors, and employees; Defendant’s
attorneys; the Named Plaintiff’s attorneys; and any Judge overseeing or considering the approval
of the Settlement together with members of his immediate family and any judicial staff. Also
2

excluded from the Class are Alex Berzanskis, Josselin Aldana Ng, Nina Sarkisova, and Elmira
Amirkhan Zozzaro, all of whom opt-outed from the Settlement.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1.

The Settlement Agreement submitted by the parties is finally approved pursuant

to Rule 23(e) of the Federal Rules of Civil Procedure as fair, reasonable, and adequate and in
the best interests of the Class. The Settlement Agreement shall therefore be deemed
incorporated herein and the proposed settlement is finally approved and shall be consummated
in accordance with the terms and provisions thereof, except as amended or clarified by any
subsequent order issued by this Court.
2.

This action is hereby dismissed on the merits, with prejudice and without costs,

except as provided in the Settlement Agreement and this Final Order and Judgment. In the
event that there is a cy pres remainder, as set forth in the Settlement Agreement, the Court
approves Epidemics Fund of The Fund for Public Health NYC as a cy pres recipient, and
distribution.
3.

Upon the Effective Date, the Released Parties shall be released and discharged by

Plaintiff and the members of the Class in accordance with the Settlement Agreement and
Preliminary Approval Order. The following four individuals have excluded themselves from the
Class and, therefore, have not released the Released Parties.
4.

Without affecting the finality of this judgment, the Court hereby reserves and

retains jurisdiction over this Settlement, including the administration and consummation of the
Settlement. In addition, without affecting the finality of this judgment, the Court retains
exclusive jurisdiction over Defendant and each member of the Class for any suit, action,
proceeding or dispute arising out of or relating to this Order, the Settlement Agreement or the
applicability of the Settlement Agreement. Without limiting the generality of the foregoing, any
3

dispute concerning the Settlement Agreement, including, but not limited to, any suit, action,
arbitration or other proceeding by a Class member in which the provisions of the
Settlement Agreement are asserted as a defense in whole or in part to any claim or cause of
action or otherwise raised as an objection, shall constitute a suit, action or proceeding arising
out of or relating to this Order. Solely for purposes of such suit, action or proceeding, to the
fullest extent possible under applicable law, the parties hereto and all Class Members are hereby
deemed to have irrevocably waived and agreed not to assert, by way of motion, as a defense or
otherwise, any claim or objection that they are not subject to the jurisdiction of this Court, or
that this Court is, in any way, an improper venue or an inconvenient forum.
5.

Upon consideration of Class Counsel’s application for fees and costs and other

expenses, Class Counsel, are hereby awarded attorneys’ fees in the amount of $600,000.00,
which the Court finds to be fair and reasonable, and $7,546.07 in reimbursement of expenses
incurred in prosecuting the Actions, which amounts will be paid through the Settlement Fund,
and the Court hereby directs payment as provided under the terms of the Settlement Agreement.
6.

Upon consideration of the Class Counsel’s application for a service award for the

Named Plaintiff, the Named Plaintiff is hereby awarded a service award in the amount of
$9,000 for her services in assisting the prosecution of the case, and the Court hereby directs
payment as provided under the terms of the Settlement Agreement.
7.

Because the exact fees incurred by the Settlement Administrator cannot yet be

determined, the Court approves deducting from the Settlement Fund all reasonable fees up to
$140,000 but not exceeding that sum. Class Counsel is charged with reviewing the Settlement
Administrator’s invoices for reasonableness. Before such invoices are paid from the Settlement
Fund, up to $50,000 for the mailing of Settlement checks shall be paid by the Defendant directly
to the Settlement Administrator. Any amount over $50,000 shall come out of the Settlement
4

Fund. Settlement Administration Costs are to be paid pursuant to the conditions set forth in the
Settlement Agreement.
8.

The parties and each Class Member have irrevocably submitted to the exclusive

jurisdiction of this Court for any suit, action, proceeding, or dispute arising out of the
Settlement Agreement.
9.

If the Settlement Agreement is not upheld on appeal, or is otherwise terminated

for any reason before the Effective Date, then the Settlement Agreement and all negotiations,
proceedings, and documents prepared, and statements made in connection therewith, shall be
without prejudice to any Party and shall not be deemed or construed to be an admission or
confession by any Party of any fact, matter, or proposition of law; all Parties shall stand in the
same procedural position as if the Settlement Agreement had not been negotiated, made, or filed
with the Court; and in such event, the parties are directed to request a Court Conference to
consider a new schedule for the remaining proceedings in this Action.
10.

The Court finds, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure,

that there is no just reason for delay, and directs the Clerk to enter final judgment.

BY THE COURT:

____________________________________
HONORABLE VERNON S. BRODERICK
UNITED STATES DISTRICT JUDGE

Dated: May 9, 2024

5