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Garner v. City of Roseville

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

January 16, 2018

LAWRENCE M. GARNER, et al., Plaintiffs,
v.
CITY OF ROSEVILLE, et al., Defendants.

          FINAL APPROVAL ORDER AND JUDGMENT

          Honorable Victoria A. Roberts, Judge

         This 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.

         Plaintiffs' 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:

         1. This Court has jurisdiction over the parties, the members of the Settlement Class, and the claims asserted in this lawsuit.

         2. 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 case.

         3. The 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, 2016.
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.

         Excluded 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.

         4. The Court finds that the Settlement Agreement has been entered into in good faith following arm's-length negotiations.

         5. Upon 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).

         6. Upon 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. § 1715.

         7. No objections were received.

         8. No persons validly requested exclusion from the Settlement ...


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