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Harris v. Visalus, Inc.

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

October 2, 2019

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,
v.
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

         Plaintiff 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.

         NOW, 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;

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT

         1. The 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.

         2. This 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.

         3. This 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.

         4. The 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.

         5. Plaintiff Eric J. Harris, Sr. has served fairly and adequately as class representatives of the Settlement Class.

         6. These attorneys have served fairly and adequately as Class Counsel:

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 ...

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