SOUROVELIS et al v. CITY OF PHILADELPHIA et al

Filing 365

MEMORANDUM ORDER THAT THE MOTION TO APPROVE THE RESTITUTIONARY CLAIMS CONSENT DECREE (DOC. NO. 331 ) IS GRANTED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/27/21. 1/27/21 ENTERED AND COPIES NOT MAILED TO PRO SE; E-MAILED.(amas, )

Case 2:14-cv-04687-ER Document 365 Filed 01/27/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOS SOUROVELIS, et al.,
Plaintiffs,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION
No. 14-4687

O R D E R
AND NOW, this 27th day of January, 2021, upon
consideration of “Plaintiffs’ Consent Motion and Memorandum in
Support of Final Approval of Class Certification and Consent
Decree on Plaintiff’s Fifth and Sixth Claims for Relief” (the
“Restitutionary Claims Consent Decree”) (ECF No. 331), and after a
hearing on October 14, 2020, additional briefing on the cy pres
award, and a further telephonic hearing on December 14, 2020, for
the reasons stated in the memorandum filed on this same date, it
is hereby ORDERED that the motion to approve the Restitutionary
Claims Consent Decree is GRANTED in part and:
a.

The Court certifies the following settlement class

as it meets the requirements of Federal Rules of Civil Procedure
23(a) and 23(b)(3). For purposes of the Fifth and Sixth Claims for
Relief in the Third Amended Complaint, the Restitutionary Class
shall consist of:
All persons who held or hold legal title to, or otherwise had or
have a legal interest in property against which a Statutory or
Common Law civil-forfeiture petition (i) was pending in the Court
of Common Pleas of Philadelphia County as of August 11, 2012; or

Case 2:14-cv-04687-ER Document 365 Filed 01/27/21 Page 2 of 2

(ii) was filed in the Court of Common Pleas of Philadelphia County
on or after August 11, 2012 until the date the Court grants
preliminary approval.
b.

The Court appoints Named Plaintiffs Christos

Sourovelis, Doila Welch, Norys Hernandez, and Nassir Geiger as
class representatives for the Restitutionary Class.
c.

Upon consideration of the factors in Federal Rule

of Civil Procedure 23(g), the Court appoints the Institute for
Justice and David Rudovsky, Esq. of Kairys, Rudovsky, Messing,
Feinberg & Lin as Class Counsel.
d.

The Court will approve, should it be filed, a

version of the Restitutionary Claims Consent Decree as discussed
and detailed in the memorandum of this same date, including its
permanent injunction provisions, as fair, reasonable, and adequate
under Fed. R. Civ. P. 23(e)(2).
e.

The parties may file a joint modified

Restitutionary Claims Consent Decree which conforms to the
Restitutionary Fund distribution adopted by the Court no later
than March 1, 2021.
f.

Should the parties file such a modified Consent

Decree, the Court will approve it and will retain jurisdiction to
effectuate and interpret the Restitutionary Claims Consent Decree.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO, J.
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