Tolton v. Council for Economic Opportunities in Greater Cleveland

Filing 27

Final Order on Class Certification. Related document 26 , Joint Motion for Approval of Settlement and Dismissal with Prejudice filed by Carolyn Tolton. Judge Christopher A. Boyko on 08/25/09. (M,M) Modified text on 8/26/2009 (JLG).

Tolton v. Council for Economic Opportunities in Greater Cleveland

Doc. 27

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CAROLYN TOLTON on behalf of herself and all others similarly situated, Plaintiff, vs. COUNCIL FOR ECONOMIC OPPORTUNITIES IN GREATER CLEVELAND Defendant. CHRISTOPHER A. BOYKO, J: This matter is before the Court on the Parties Joint Motion to Approve Settlement and Dismiss With Prejudice (ECF #26). The Court will treat this Motion as a motion for final approval of class certification. For purposes of clarification, the Court issues two separate Orders on Class Certification and Final Approval of Settlement. In accordance with the ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:08-cv-2588 JUDGE BOYKO MAGISTRATE JUDGE McHARGH

FINAL ORDER ON CLASS CERTIFICATION

pleadings submitted by the Parties regarding preliminary and final approval, the findings and conclusions made at the fairness hearing, and the findings and conclusions contained in the Final Order and Judgment Approving Class and Collective Action Settlement filed concurrently with this order, it is, ORDERED: 1. This case shall be shall be maintained as a class action on behalf of the following

class of plaintiffs: "Any and all persons employed by CEOGC as a family service worker at any time during the period from March 31, 2007 through and including March 31, 2009." 2. Having reviewed the Motion which Defendant has joined and having conducted a

hearing in open court on August 24, 2009, on the appropriateness of class certification and final
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approval of settlement, the Court finds Rule 23(a) is satisfied because the proposed settlement class meets the requirements of: (1) numerosity; (2) commonality; (3) typicality; and (4) adequacy of representation. 3. Rule 23(b)(3) is satisfied because (1) common questions of the class predominate

over questions that affect individual members; and (2) class resolution is superior to other available methods. 4. Plaintiffs' counsel, Anthony J. Lazzaro and Jason R. Bristol, are appointed as Class Counsel fairly and adequately represent the interests of the Class.

Class Counsel.

Moreover, Class Counsel are qualified to represent the interests of the Class, having extensive experience litigating wage and hour collective and class actions. 5. Carolyn Tolton is designated as Class Representative. Ms. Tolton fairly and

adequately represents and protects the interests of the class. 6. The payment of attorneys' fees and costs to Class Counsel, and the service

payment to Ms. Tolton, are fair and reasonable. IT IS SO ORDERED:

s/Christopher A. Boyko JUDGE BOYKO DATED this 25 day of August, 2009.

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