Gascho v. Global Fitness Holdings, LLC

Filing 148

FINA JUDGMENT Case Terminated. Signed by Judge George C Smith on 7/16/14. (lvw1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
AMBER GASCHO, et al.,
Plaintiffs,
v.
GLOBAL FITNESS HOLDINGS, LLC,
Defendants.

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Case No. 2:11-cv-436
Judge Smith
Magistrate Judge King

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FINAL JUDGMENT
IT IS HEREBY ADJUDGED AND DECREED THAT:
1.

The settlement of this class action on the terms set forth in the parties’ Settlement

Agreement and Release1 with Exhibits (collectively, the “Settlement Agreement"), dated
September 12, 2013, is approved, and the following Class and Subclasses are granted
certification for settlement purposes under Fed. R. Civ. P. 23(a) and 23(b)(3):
a. The “Class” includes all individuals who signed a gym membership or personal
training contract with Defendant during the Class Period which is January 1,
2006, to October 26, 2012, and who did not file a valid Opt-Out Request. The
total number of Class members is approximately 605,735 persons.
b. The “FIF Subclass” includes all Class Members who paid a $15 Facility
Improvement Fee (“FIF”), Club Administrative Fee (“CAF”), or any other
biannual $15 fee charged by Defendant during the FIF Subclass Period, which is

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Unless otherwise provided herein, all terms in this Final Judgment shall have the same meaning
as set forth in the Settlement Agreement.

April 1, 2009, to October 26, 2012, and did not file a valid Opt-Out Request.
The total number of FIF Subclass members is approximately 300,017 persons.
c. The “Gym Cancel Subclass” includes all Class Members who cancelled their gym
membership contract, and did not file a valid Opt-Out Request. The total number
of Gym Cancel Subclass members is approximately 323,518 persons.
d. The “Personal Training Cancel Subclass” includes all Class Members who
cancelled a personal training contract, and did not file a valid Opt-Out Request.
The total number of Personal Training Cancel Subclass members is approximately
50,038 persons.
2.

Individual Postcard Notice, email notice, and a reminder email notice complying

with Fed. R. Civ. P. 23(c)(2), 23(e) was sent to each reasonably identifiable Class and Subclass
Member’s last-known address and email address. Follow-up procedures outlined in the
Settlement Agreement were completed on behalf of the parties. With respect to the state law and
common law claims, the Court finds that the Settling Plaintiffs, as defined in the Settlement
Agreement (all Class Members who have not timely opted out of the settlement), are bound by
the Final Judgment.
4.

The claims in this action are dismissed on the merits and with prejudice according

to the terms and conditions set forth in the parties’ Settlement Agreement and in the Court’s
Final Order Approving Class Action Settlement, dated July 16, 2014, without costs to any party
or non-party except as provided therein.

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FINAL JUDGMENT is hereby entered in accordance with Fed. R. Civ. P. 58 this 16th
day of July, 2014.
s/ George C. Smith
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GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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