United States District Court, D. Colorado
JANET SHAULIS, and JEWEL ARLENE KEY, individually and on behalf of all other similarly situated individuals Plaintiffs,
FALCON SUBSIDIARY LLC, a Delaware limited liability company, d/b/a Axispoint Health, Defendant.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT AND ENTERING FINAL JUDGMENT
CHRISTINE M. ARGLELLO UNITED STATES DISTRICT JUDGE
September 25, 2018, a hearing was held on the joint motion of
Plaintiffs, Janet Shaulis and Jewel Arlene Key
(“Plaintiffs”), and Defendant, Falcon Subsidiary
LLC d/b/a Axis Point Health (“Defendant”), for
final approval of their class and collective action
settlement (the “Settlement”). (Doc. # 29.) Kevin
J. Stoops of Sommers Schwartz, P.C., appeared for Plaintiffs;
and Chris C. Scheithauer of McDermott Will & Emery LLP,
appeared for Defendant.
parties have submitted their Settlement, which this Court
Preliminarily Approved by its Order entered on June 19, 2018.
(Doc. # 27). In accordance with the Preliminary Approval
Order, Class Members have been given notice of the terms of
the Settlement and the opportunity to object to it or to
exclude themselves from its provisions.
received and considered the Settlement, the supporting papers
filed by the Parties in connection with their Final Approval
Motion, the evidence received by the Court in connection with
the Parties' Joint Motion for Preliminary Approval, and
the argument submitted by the Parties at the Final Approval
hearing on September 25, 2018, the Court grants final
approval of the Settlement, and HEREBY ORDERS and MAKES
DETERMINATIONS as follows:
Pursuant to the Preliminary Approval Order, a Notice of
Proposed Class Action Settlement and Final Approval Hearing;
a Class Member Settlement Information Sheet; and an Election
Not to Participate in Settlement were sent to each Class
Member by first-class mail. Said notice package was also
e-mailed to each Class Member for which Defendant maintained
an e- mail address. These papers informed Class Members of
the terms of the Settlement, their right to receive a
Settlement Share, their right to object to the Settlement or
to elect not to participate in the Settlement and pursue
their own remedies, and their right to appear in person or by
counsel at the final approval hearing and be heard regarding
approval of the Settlement. Adequate periods of time were
provided by each of these procedures. Zero Class Members
filed written objections to the proposed Settlement as part
of this notice period or stated an intention to appear at the
final approval hearing. The Court finds and determines that
this notice procedure afforded adequate protections to Class
Members and provides the basis for the Court to make an
informed decision regarding approval of the Settlement based
on the responses of Class Members. The Court finds and
determines that the notice provided in this case was the best
notice practicable, which satisfied the requirements of law
and due process.
addition to the notice to the Class, pursuant to the Class
Action Fairness Act of 2005, 28 U.S.C. § 1715
(“CAFA”), the Attorney General of the United
States and the appropriate state official in each state in
which a Class Member resides have been given notice of the
Settlement. Pursuant to CAFA, not later than 10 days after
the motion seeking preliminary approval of the Settlement was
filed with the Court, Defendant served upon the appropriate
state official of each state in which a Class Member resides
and the appropriate federal official a notice of the
Settlement consisting of: copies of the complaint in this
action; a notice of the scheduled judicial hearings in this
class action; copies of the Settlement Agreement, proposed
notices of class action settlement and Class Members'
right to request exclusion from the class; and the names of
Class Members who reside in each state and the estimated
proportionate share of the claims of Class Members in each
state to the entire Settlement. The notice of Settlement also
invited comment on the Settlement. The Court finds and
determines that Defendant's notice of the Settlement was
timely, adequate, and compliant with the statutory
requirements of CAFA. Accordingly, 28 U.S.C. section 1715(e)
has no application to the Settlement.
the reasons stated in the Preliminary Approval Order, the
Court finds and determines that the proposed Class, as
defined in the definitions section of the Settlement and
conditionally certified by the Preliminary Approval Order,
meets all of the legal requirements for class certification,
and it is hereby ordered that the Class is finally approved
and certified as a class for purposes of the Settlement.
Court further finds and determines that the terms of the
Settlement are fair, reasonable and adequate to the Class and
to each Class Member and that the Class Members who did not
timely submit valid elections not to participate in the
Settlement in accordance with the Settlement Agreement and
the Preliminary Approval Order will be bound by the
Settlement, that the Settlement is ordered finally approved,
and that all terms and provisions of the Settlement should be
and hereby are ordered to be consummated.
Court finds and determines that the Settlement Shares to be
paid to the Class Members who did not timely submit valid
elections not to participate, as provided for by the
Settlement, are fair and reasonable. The Court hereby gives
final approval to and orders the payment of those amounts be
made to the Class Members who did not timely submit valid
elections not to participate out of the Net Settlement Amount
in accordance with the Settlement.
Court finds and determines that the fees and expenses
incurred by Simpluris, Inc., in administrating the
Settlement, in the amount of $22, 529, are fair and
reasonable. The Court hereby gives final approval to and
orders that amount be paid out of the Total Settlement Amount
in accordance with the Settlement.
Court determines by separate order the request by Plaintiffs
and Class Counsel for Attorneys' Fees,
Litigation/Settlement Administration Expenses, and Class
Representative Service Awards.
Without affecting the finality of this order in any way, the
Court retains jurisdiction of all matters relating to the
interpretation, administration, implementation, effectuation
and enforcement of this order and the Settlement.
Nothing in this order will preclude any action to enforce the
parties' obligations under the Settlement or under this
order, including the requirement that Defendant make payments
to the Class Members in accordance with the Settlement.
Upon completion of administration of the Settlement, the
Settlement Administrator will provide written certification
of such ...