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Coulter-Owens v. Rodale, Inc.

United States District Court, E.D. Michigan, Southern Division

October 25, 2016

ROSE COULTER-OWENS, individually, and on behalf of all others similarly situated, Plaintiff,
v.
RODALE INC., Defendant.

          Benjamin S. Thomassen One of Plaintiff's attorneys Ari J. Scharg Benjamin S. Thomassen Henry M. Scharg - P28804 LAW OFFICE OF HENRY M. SCHARG Counsel for Plaintiffs and the putative Class

          Anthony T. Eliseuson One of Defendant's attorneys Natalie J. Spears Anthony T. Eliseuson Kristen C. Rodriguez DENTONS U.S. LLP Peter B. Kupelian (P31812) Carol G. Schley (P51301) CLARK HILL PLC

          STIPULATED FINAL JUDGMENT

          ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE

         This Stipulation is entered into by and among Plaintiff Rose Coulter-Owens and Defendant Rodale Inc., by and through their respective counsel.

         WHEREAS, Plaintiff Rose Coulter-Owens (“Plaintiff”), individually and as Class Representative, and Defendant Rodale Inc. (“Defendant”) entered into a Settlement Agreement (Dkt. #51-2), which, together with the exhibits attached thereto, set forth the terms and conditions for the settlement and dismissal of the Action with prejudice, (See Id. § 7.3); and

         WHEREAS, on September 29, 2016, the Court granted Plaintiff's Motion for Final Approval of Class Action Settlement, (Dkt. #54) (“Final Approval Order”); and

         WHEREAS, the Parties now respectfully request that the Court enter a Final Judgment in this matter and dismiss the action as set forth in their Class Action Settlement Agreement.

         NOW THEREFORE the Parties stipulate as follows:

         1. The terms and phrases in this Stipulation shall have the same meaning as ascribed to them in the Parties' Class Action Settlement Agreement.

         2. Upon execution and filing of this stipulation, the parties request that the Court enter an order:

         a. Finding that the Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including all Settlement Class members.

         b. Finding that the notice provided to the Settlement Class fully complied with the requirements of Fed.R.Civ.P. 23 and due process as discussed in the Final Approval Order, and that the Defendants properly and timely notified the appropriate government officials of the Settlement Agreement pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, and that more than ninety (90) days elapsed between the date of that notice and the Final Approval Order.

         c. Directing the Parties to implement the Settlement Agreement according to its terms and provisions and incorporating the Settlement Agreement into this Final Judgment in full, such that the Settlement Agreement has the full force of an Order of this Court, provided, however, that the terms of the Final Approval Order shall supersede those of the Settlement Agreement wherever the two may conflict.

         d. Dismissing the Action, as identified in the Settlement Agreement, ...


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