United States District Court, E.D. Michigan
TIFFANY ELLIS, STEPHEN TYSON, GAIL BRALEY, DAVID LYALL, LINDA KEMP, SYLVESTER TIBBITS, LUCAS CRANOR, MARY CRAWFORD, IRENE STAGER, NATASHA FORD, and GARRY WILLET, on behalf of themselves and all others similarly situated, Plaintiffs,
General Motors, LLC, Defendant
Magistrate Judge Anthony P. Patti
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT, CERTIFYING CLASS, AWARDING ATTORNEYS' FEES
AND SERVICE AWARDS, AND FINAL JUDGMENT
Caram Steeh United States District Judge
6th day of November, a fairness hearing was held before this
Court to determine: (a) whether the proposed Settlement
should be granted final approval as fair, reasonable, and
adequate; (b) whether the proposed Class should be certified
for settlement purposes; (c) whether Class Counsel's
application for attorneys' fees and expenses and service
awards for the Plaintiffs should be granted; and (d) whether
a final judgment granting approval of the Settlement and
dismissing the Action with prejudice should be entered.
duly considered all papers filed and arguments presented, IT
IS HEREBY ORDERED and ADJUDGED as follows:
terms and definitions used herein have the same meanings as
set forth in the Settlement Agreement.
Court has jurisdiction over the subject matter of this Action
and over all Parties to the Action, including Settlement
Court preliminarily approved the Settlement Agreement and
entered the Preliminary Approval Order on July 19, 2017.
Notice was published under the terms of the Preliminary
Court has determined that the Notice given to the Settlement
Class, in accordance with the Notice Plan in the Settlement
Agreement and the Preliminary Approval Order, fully and
accurately informed members of the Settlement Class of all
material elements of the Settlement and constituted the best
notice practicable under the circumstances, and fully
satisfied the requirements of due process, Federal Rule of
Civil Procedure 23, and all applicable law. The Court further
finds that the Notice given to the Settlement Class was
adequate and reasonable.
Settlement Class Members received notice of: (a) the pendency
of the Action; (b) the terms of the proposed Settlement,
including the Release; (c) their rights under the proposed
Settlement; (d) their right to exclude themselves from the
Settlement Class and the proposed Settlement; (e) their right
to object to any aspect of the proposed Settlement; (f) their
right to appear at the Final Approval Hearing; (g) Class
Counsel's request for attorneys' fees and expenses
and an incentive award to the Class Representatives; and (h)
the binding effect of this Final Judgment and Order Approving
Settlement on all Persons who did not timely exclude
themselves from the Settlement Class.
Court also finds that the appropriate state and federal
officials were timely notified of the Settlement Agreement
under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C.
§ 1715, and that ninety (90) days have passed without
comment or objection from any governmental entity.
of the Settlement
Court grants final approval to the proposed Settlement.
Factors supporting the grant of final approval to this
a. The Settlement was the product of arm's-length
negotiations conducted in good faith among experienced
counsel, with no evidence of collusion. The Settlement was
reached after extensive negotiations including a mediation
b. If the case did not settle, continued litigation would be
time consuming, complicated and expensive. Settlement at this
stage avoids the expenditure of the Parties' and the
c. The reaction of the Class has been extremely favorable.
Only 2 Class members out of approximately 7, 622 have opted
out of the Settlement and there have been 0 objections.
d. The Court finds that each side had sufficient information
to assess the strengths and weaknesses of their claims and
e. If the case had not settled, Plaintiffs faced considerable
risks in maintaining certification of a litigation class and
establishing damages. The Settlement guarantees a result for
the Class and eliminates these risks.
f. The amount of the Settlement is reasonable, adequate, and
fair given the strengths and weaknesses of the case.
Court held a hearing on November 6, 2017, at which time the
Parties and Settlement Class Members were afforded the
opportunity to be heard in support of or in opposition to the
terms and provisions of the Agreement have been entered in
good faith and are hereby fully and finally approved as fair,
reasonable, and adequate as to, and in the best interests ...