United States District Court, E.D. Michigan, Southern Division
ROSE COULTER-OWENS, individually, and on behalf of all others similarly situated, Plaintiff,
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
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
H. CLELAND UNITED STATES DISTRICT JUDGE
Stipulation is entered into by and among Plaintiff Rose
Coulter-Owens and Defendant Rodale Inc., by and through their
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
on September 29, 2016, the Court granted Plaintiff's
Motion for Final Approval of Class Action Settlement, (Dkt.
#54) (“Final Approval Order”); and
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.
THEREFORE the Parties stipulate as follows:
terms and phrases in this Stipulation shall have the same
meaning as ascribed to them in the Parties' Class Action
execution and filing of this stipulation, the parties request
that the Court enter an order:
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.
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.
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.
Dismissing the Action, as identified in the Settlement