Hogan v. Cleveland Ave Restaurant, Inc. et al

Filing 308

ORDER granting 283 Motion Approve Claims Administrator. Signed by Chief Judge Algenon L. Marbley on 9/8/2020. (cw)

Case: 2:15-cv-02883-ALM-EPD Doc #: 308 Filed: 09/08/20 Page: 1 of 2 PAGEID #: 3129

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JESSICA HOGAN, et al.,
Plaintiffs,
v.
CLEVELAND AVE RESTAURANT INC.
d/b/a SIRENS, et al.,
Defendants.

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Case No. 2:15-CV-2883
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers

OPINION & ORDER
This matter is before the Court on Plaintiffs’ unopposed motion to approve the settlement
claims administrator. (ECF No. 283). For the reasons stated below, this Court GRANTS
Plaintiff’s Motion for Approval of the Claims Administrator.
On December 10, 2019, this Court preliminarily approved the settlement agreement for
both the Bartender class and Entertainer class. (ECF No. 230 at 11). On June 5, 2020, Plaintiff
filed a motion for Final Settlement Approval for the Bartender class, (ECF No. 278) which this
Court approved on July 31, 2020. (ECF No. 303). The fairness hearing for the Entertainer class
is scheduled for January 2021. (ECF No. 230 at 11). Plaintiffs thereafter filed the instant
Motion to Approve the Settlement Claims Administrator for the Entertainer class. (ECF No.
283). In that motion, Plaintiff requests this Court to approve CAC Services Group, LLC as the
Claims Administrator for the Entertainer class. (ECF No. 283 at 1). The settlement agreement
states:
Defendants shall delegate to the Entertainer Claims Administrator,
whose appointment and compensation shall be approved by the
Court, the responsibility for screening and making payments to
members of the Entertainer subclass. Subject to approval by the

Case: 2:15-cv-02883-ALM-EPD Doc #: 308 Filed: 09/08/20 Page: 2 of 2 PAGEID #: 3130

Court, up to $15,000 from the Settlement Fund may be used to pay
the Entertainer Claims Administrator.
(Id. at 2). Defendants have not selected a Claims Administrator as necessitated by the above
settlement provision. (Id.). Instead, Plaintiff obtained a quote from CAC Services Group, LLC
(“CAC”). (Id. at 7). Plaintiff provided the quote to Defendants on May 21, 2020. (Id. at 2).
Plaintiff then informed Defendants that Plaintiff would move to obtain approval for CAC as
Claim Administrator if Defendants did not respond. Defendants’ Counsel instructed Plaintiff to
proceed in requesting this Court’s approval. (Id. at 3).
CAC has extensive experience supporting class actions. CAC has distributed more than
$400 million and coordinated mailings to more than 30 million class members. See CAC
Services Group, LLC, About CAC, https://cacservicesgroup.com/about.cfm (last visited Aug. 9,
2020). Further, Plaintiff’s Counsel stated his experience confirms that CAC is capable of
facilitating the settlement payments to class members. (ECF No. 283 at 2).
The settlement agreement requests this Court to approve the amount of money paid to the
Entertainer class’ Claims Administrator from the settlement up to $15,000. (Id.). CAC has
provided a quote of $15,976.40. (Id.). Therefore, this Court approves paying CAC the
settlement limit of $15,000 from the settlement funds.
In considering CAC’s experience, Plaintiff’s Counsel’s experience using CAC, and that
Defendants have not opposed the motion, this Court GRANTS Plaintiff’s Motion to Approve
CAC as the Claims Administrator for the Entertainer class. (ECF No. 283).
IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE
DATED: September 8, 2020
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