United States District Court, E.D. Michigan, Southern Division
LAWRENCE M. GARNER, et al., Plaintiffs,
CITY OF ROSEVILLE, et al., Defendants.
FINAL APPROVAL ORDER AND JUDGMENT
Honorable Victoria A. Roberts, Judge
matter is before the Court on: (1) the unopposed motion for
final approval of the class action settlement by plaintiffs -
Lawrence M. Garner, Christopher Garner, William Kaupus,
Cordia Michigan, LLC, Rudalev I, LLC, and Garner Properties
& Management, LLC (“Plaintiffs”) - and City
of Roseville, Glenn Sexton, and Rodney Browning
(“Defendants”); and (2) Plaintiffs' unopposed
motion for attorney fees, costs, and incentive fee. The Court
held a final fairness and approval hearing on January 16,
2018. No. class members objected.
motions for final approval of the class action settlement
[Doc. 26] and motion for attorney fees, costs and incentive
fee [Doc. 25] are GRANTED. Moreover,
IT IS HEREBY ORDERED AND ADJUDGED:
Court has jurisdiction over the parties, the members of the
Settlement Class, and the claims asserted in this lawsuit.
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, is finally approved as a
fair, reasonable and adequate settlement, and in the best
interests of the Settlement Class in light of the factual,
legal, practical and procedural considerations raised by this
Settlement Class and Sub-Class, collectively referred to as
“Settlement Class” is defined as follows:
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 parents, 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
excluded as well.
Court finds that the Settlement Agreement has been entered
into in good faith following arm's-length negotiations.
the Declaration of Dorothy Sue Merryman, the Court finds that
the notice provided to the Settlement Class Members was the
best notice practicable under the circumstances; it satisfied
the requirements of due process and Federal Rule 23(e)(1).
the Affidavit of Carlito H. Young, the Court finds that
notice was given to appropriate State and Federal officials
in accordance with the Class Action Fairness Act, 28 U.S.C.
objections were received.
persons validly requested exclusion from the Settlement ...