United States District Court, E.D. Michigan, Southern Division
LAWRENCE M. GARNER, CHRISTOPHER GARNER, AND WILLIAM KAUPUS, Plaintiffs,
CITY OF ROSEVILLE, GLENN SEXTON, RODNEY BROWNING, Defendants. and CORDIA MICHIGAN, LLC, RUDALEV I, LLC, and GARNER PROPERTIES & MANAGEMENT, LLC Plaintiffs,
CITY OF ROSEVILLE, GLENN SEXTON, RODNEY BROWNING, Defendants.
K. Wasvary P51575 Class Counsel Carlito H. Young P61863
Attorney for Defendants
STIPULATED AMENDED ORDER: (1) CONSOLIDATING CASES;
(2) CERTIFYING SETTLEMENT CLASS; (3) PRELIMINARILY APPROVING
CLASS ACTION SETTLEMENT AGREEMENT; AND (4) SETTING
Victoria A. Roberts United States District Judge
matter coming before the Court on the parties' Joint
Motion for Preliminary Approval of Class Action Settlement
and Notice to the Class” (the “Joint
Motion”), after review and consideration of the
Settlement Agreement, and after hearing statements of the
parties' attorneys in open court on August 7, 2017, and
having been fully advised in the premises, IT IS
HEREBY ORDERED as follows:
District Court, Eastern District of Michigan case nos.
16-cv-10760 and 16-cv-10986 are CONSOLIDATED
for purpose of settlement. All future Court filings shall be
filed into case no. 16-cv-10760.
Pursuant to Rule 23 (e) of the Federal Rules of Civil
Procedure, the settlement of this action, as embodied in the
terms of the Settlement Agreement attached to the Joint
Motion, is hereby preliminarily approved as a fair,
reasonable, and adequate settlement of this case in the best
interests of the Settlement Class in light of the factual,
legal, practical, and procedural considerations raised by
this case. The Settlement Agreement is incorporated by
reference into this Order (with capitalized terms as set
forth in the Settlement Agreement).
Pursuant to Rule 23 (b) (3) of the Federal Rules of Civil
Procedure, by stipulation of the parties, and for the purpose
of settlement, the Court hereby certifies the following Class
and Sub-Class, also collectively referred to as
Class: All persons and entities who currently own or
at one time owned any non-owner occupied residential
structures located within the City of Roseville who or which
has been issued a misdemeanor ticket for failure to obtain a
Certificate of Compliance under the City's
Non-Owner-Occupied Housing Ordinance, and subsequently paid a
fine at any time since January 1, 2010 through December 15,
Sub-Class: All persons and entities who were not
owners of non-owner occupied residential structures located
within the City of Roseville, yet were issued a misdemeanor
ticket for failure to obtain a Certificate of Compliance
under the City's Non-Owner-Occupied Housing Ordinance
from January 1, 2010 through December 15, 2016.
from the Settlement Class are Defendants, including any and
all of their departments, subsidiaries, affiliates or
controlled persons of Defendants, as well as the officers,
directors, agents, servants, and employees of Defendants and
the immediate family members of such persons. Class Counsel
is also excluded from the Class.
Court finds that certification for purposes of settlement is
appropriate because (a) the class is so numerous that joinder
of all members is impractical; (b) there are questions of law
and fact common to the Class and they predominate over any
questions affecting only individual Class Members; (c)
Plaintiffs' claims are typical of the claims of the
Class; (d) Plaintiffs and their attorneys will fairly and
adequately protect the interests of the Class; and (e) a
class action is the superior means of resolving this
Court appoints Plaintiffs, Lawrence M. Garner, Christopher
Garner, William Kaupus, Cordia Michigan, LLC, Rudalev I, LLC
and Garner Properties & Management, LLC as the
representatives of the Settlement Class pursuant to Rule 23
(a), and appoints their attorneys Aaron D. Cox and Mark K.
Wasvary as Class Counsel pursuant to Rule 23 (g).
Court finds that the Settlement Agreement's plan for
Class Notice is the best notice practicable under the
circumstances and satisfies the requirements of due process
and Rule 23 (e) (1) of the Federal Rules of Civil Procedure.
That plan is approved and adopted. This Court further finds
that, except for one omission, the Class Notice (attached to
the Settlement Agreement as Exhibit 2), and the Claim Form
included as part of the Class Notice, comply with Rules 23
(e)(1) and 23(c)(2)(B) of the Federal Rules of Civil
Procedure. Class Counsel must add language to the Class
Notice to comply with Rule 23(c)(2)(B)(iv) (providing that
“a class member may enter an appearance through an
attorney if the member so desire”). With the inclusion
of that language, the Class Notice and Claim Form are
approved and adopted. The Court orders that the parties
provide the notice to the Class as proposed, with the one
this Order, the Court hereby orders that the Class Notice
shall be sent by either postcard or first class mailing for
Class Members where Defendants have that information. The
Claims Administrator will cause an abbreviated version of the
Notice to be placed in a weekend edition of the Macomb Daily.
The Settlement Agreement, Class Notice and Claim Form shall
also be made available on the Class Counsel's website.
The Court finds and orders that no other notice is necessary.
Class Counsel is authorized to request and receive docket
records from the 39th District Court for the State