Crouch v. Basement at the Lakes et al

Filing 45

Memorandum of Opinion and Order For the reasons set forth herein, the Court hereby enters this Consent Judgment and orders the parties to comply with such terms and conditions. The parties may execute such additional agreements as they deem n ecessary to memorialize the specific terms and conditions approved by the Court. This Consent Judgment constitutes a final order on the merits with full res judicata effect and all claims now pending are hereby dismissed with prejudice. Each party to bear its/his/their own costs. Judge Benita Y. Pearson on 8/9/2013. Related document(s) 41 . (JLG)

Crouch v. Basement at the Lakes et al

Doc. 45

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
MARVIN CROUCH, on behalf of himself
and others similarly situated,
Plaintiff,
v.
BASEMENT AT THE LAKES, et al.,
Defendants.

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CASE NO. 5:12cv2927

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 41]

The parties in the above captioned matter have unanimously agreed to a Consent
Judgment upon the terms and conditions which have been reviewed and approved by the Court as
set forth in the following items: the Joint Motion to Approve the Settlement Agreement (ECF
No. 41); the Proposed Settlement and Release (ECF No. 41-1); the Proposed Consent Form (ECF
No. 41-2); the Proposed Gross Settlement Payout Form (ECF No. 41-3); the Proposed Notice to
Class (ECF No. 41-5); and the filed Consent Forms signed by Plaintiffs Marvin Crouch, Kevin
Wall, Ember Senko, and Derek Sobol (ECF Nos. 43-1; 43-2; 42-3; 43-4).
The Court conducted the Fairness Hearing, and took notice that three individuals, Jonas
McDonald, Brandon Futrell, and Ryan Lawless, were unresponsive to Plaintiffs counsels’ request
for information. The Court noted that no objections to the settlement were received by the Court
or Plaintiffs’ counsel.
The Court finds that the settlement reached is a fair agreement. The payments to be made
to Plaintiffs Crouch, Wall, Senko and Sobol represent 56% of dollars claimed and includes

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(5:12cv2927)
statutory compensation. The attorney fees sought are reasonable, and will be paid by Defendants.
The Court, having considered such terms and conditions, hereby enters this Consent
Judgment and orders the parties to comply with such terms and conditions. The parties may
execute such additional agreements as they deem necessary to memorialize the specific terms and
conditions approved by the Court. This Consent Judgment constitutes a final order on the merits
with full res judicata effect and all claims now pending are hereby dismissed with prejudice.
Each party to bear its/his/their own costs.

IT IS SO ORDERED.

August 9, 2013
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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