United States District Court, E.D. Michigan, Southern Division
ERIC J. HARRIS, SR., individually, and on behalf of all others similarly situated, and CAPRECE BYRD, BRYANT WATTS, RENAE WHITE, LAURA HERL, DR. FRANK McWHORTER, ERIC J. HARRIS, SR. and CONNIE BATES, individually on their own behalf, Plaintiffs,
VISALUS, INC., a corporation, et al.
AMENDED ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT AND FINAL JUDGMENT
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Eric J. Harris, Sr., acting individually and on behalf of the
Settlement Class (“Named Plaintiff), filed an Unopposed
Motion for Final Approval of Proposed Settlement and Final
Judgment (the “Motion”). The Motion seeks final
approval of the Named Plaintiff's agreement
(“Agreement”), for himself and on behalf of the
Class, with ViSalus, Inc. (“ViSalus”), Nick
Sarnicola, Ashley Sarnicola, Blake Mallen, Ryan Blair, Todd
Goergen, Gary J. Reynolds, Vincent Owens, Kevin Merriweather,
and Michael Craig (collectively “Defendants”) to
settle all individual and class claims that have, or could
have, been made, in Plaintiffs' Third Amended Complaint
as specified in their written settlement agreement
(“Settlement Agreement”). This Court, having
reviewed the Motion and the exhibits, including the
Settlement Agreement, finds itself apprised of the issues and
grants the Motion.
THEREFORE, this Court, having heard the oral presentations
made at the Final Approval Hearing, having reviewed the
submissions presented regarding the proposed Settlement,
having determined that the Settlement is fair, adequate, and
reasonable, and having received arguments concerning the
award of attorneys' fees, and having reviewed the
materials in connection therewith, and now deeming itself to
be fully informed;
IS HEREBY ORDERED, ADJUDGED AND DECREED THAT
capitalized terms used in this Order and Judgment shall have
the same meaning as defined in the Settlement Agreement
except as may otherwise be ordered.
Court has jurisdiction over the subject matter of this case,
all claims raised therein, and all Parties thereto, including
the members of the Settlement Class.
Court finds, solely to consider this Settlement, that the
requirements of Federal Rule of Civil Procedure 23 are
satisfied, including requirements for numerosity,
commonality, typicality, adequacy of representation,
manageability of the Settlement Class for settlement, that
common issues of law and fact predominate over individual
issues, and that Settlement and certification of the
Settlement Class is superior to alternative means of
resolving the claims and disputes.
Settlement Class, which will be bound by this Final Approval
Order and Judgment, shall include all members of the
Settlement Class who did not submit timely and valid requests
for exclusion. No. members of the Settlement Class timely
opted out of this Class Settlement.
Plaintiff Eric J. Harris, Sr. has served fairly and
adequately as class representatives of the Settlement Class.
These attorneys have served fairly and adequately as Class
Andrew Kochanowski Lance C. Young Sommers Schwartz, P.C. One
Towne Square, Suite 1700 Southfield, MI 48076
Matthew Prebeg Prebeg, Faucett & Abbott PLLC 8441 Gulf
Freeway, Suite 307 Houston, TX 77017
Edward Wallace Mark Miller Wexler Wallace LLP 55 W. Monroe
St. Suite 3300 ...