United States District Court, M.D. Florida, Fort Myers Division
SHAWANA SANDERS, on their own and on behalf of all similarly situated individuals and KENYATTA WILLIAMS, on their own and on behalf of all similarly situated individuals, Plaintiffs,
GLOBAL RADAR ACQUISTION, LLC, Defendant.
ORDER PRELIMINARILY APPROVING SETTLEMENT AND
CERTIFYING SETTLEMENT CLASS
E. STEELE SENIOR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on plaintiffs' Unopposed
Motion for Preliminary Approval of Class Action Settlement
(Doc. #43) filed on June 28, 2019. After review of the
parties' Settlement Agreement, Proposed Notice of Class
Action Settlement, and having been fully advised in the
premises, it is hereby
Plaintiffs' Consent Motion for Preliminary Approval of
Settlement and Notices to the Settlement Class (Doc. #43) is
Settlement. Plaintiffs Shawana Sanders and
Kenyatta Williams (“Plaintiffs”), on behalf of
themselves and all Settlement Class Members, and Defendant
Global Radar Acquisition, LLC (“Global”)
(collectively, the “Settling Parties”), have
negotiated a potential settlement of this action (the
“Action”) to avoid the expense, uncertainties,
and burden of protracted litigation, and to resolve any and
all claims being released by the Settlement Agreement,
including all claims which have been or could be asserted by
Plaintiffs and/or other members of the Settlement Classes in
the Action against Global and all of its respective past and
present divisions, parents, subsidiaries, predecessors,
investors, parent companies, acquired companies, insurers,
agents, and affiliated companies.
Review. The Court has carefully reviewed the
Settlement Agreement, as well as the files, records, and
proceedings to date in this matter. The terms and conditions
in the Settlement Agreement are hereby incorporated as though
fully set forth in this Order, and, unless otherwise
indicated, capitalized terms in this Order shall have the
meanings attributed to them in the Settlement Agreement.
Preliminary Approval. The Settlement
Agreement entered into by and among the Settling Parties has
been negotiated at arm's-length and is approved on a
preliminary basis as fair, reasonable, and adequate.
Settlement Class Definition and Relief. The
proposed Settlement Class Relief to the Settlement Class
Members, as identified in Section 2.2 of the Settlement
Agreement, is approved on a preliminary basis as fair,
reasonable, and adequate. The Settlement Class shall consist
All natural persons residing in the United States, any U.S.
territory, the District of Columbia, or Puerto Rico who were
the subject of a consumer report furnished by Global HR for
employment purposes to a client of A1 HR, Continuum, or
Accesspoint between July 11, 2013 and January 11, 2019.
parties expressly agree to this Settlement Class definition
for settlement purposes. The Settlement Class consists of
approximately 20, 878 individuals.
Court finds that certification of the Settlement Class is
appropriate for settlement only, under Fed.R.Civ.P. 23(a) and
(b)(3) because: (a) The Settlement Class is so numerous that
joinder of all members is impracticable; (c) There are
questions of law or fact common to the members of the
Settlement Class; (d) The claims of Plaintiffs are typical of
the claims of the other members of the Settlement Class; (e)
Plaintiffs and are capable of fairly and adequately
protecting the interests of the members of the Settlement
Class in connection with the Settlement Agreement; (f) Common
questions of law and fact predominate over questions
affecting only individual members of the Settlement Class;
(g) The Settlement Class is ascertainable; (h) Resolution of
the claims in this Litigation by way of Settlement is
superior to other available methods for the fair and
efficient resolution of the claims of the Settlement Class
Designation of Class Representatives.
Plaintiffs Shawana Sanders and Kenyatta Williams are
designated as representatives of the Settlement Class for the
sole purpose of seeking a settlement of the Litigation.
Designation of Class Counsel. Attorneys Marc
Edelman of the law firm Morgan & Morgan and Craig C.
Marchiando of Consumer Litigation Associates, P.C. are hereby
designated as Class Counsel for the Settlement Class.
Final Approval Hearing. A hearing regarding
final approval of the Settlement (“Final Approval
Hearing”) will be held on November 1, 2019
at 10:00 a.m. at the United States District
Court for the Middle District of Florida, Fort Myers
Division, 2110 First Street, Fort Myers, Florida, 33901. The
hearing will be set by separate notice at a later date. The
Final Approval hearing will determine, among other things:
(i) whether the Settlement of the Litigation should be
approved as fair, reasonable, and adequate; (ii) whether the
Litigation should be dismissed with prejudice pursuant to the
terms of the Settlement Agreement; (iii) whether Settlement
Class Members should be bound by the Release set forth in the
Settlement Agreement; (iv) whether Settlement Class Members
should be subject to a permanent injunction which, among
other things, bars Settlement Class Members who have not
opted out, from filing, commencing, prosecuting, intervening
in, participating in (as class members or otherwise),
organizing, or soliciting the participation of other
Settlement Class Members to pursue any action in any
jurisdiction based on or relating to any of the Released
Claims (as defined in the Settlement Agreement) or the facts