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Sanders v. Global Radar Acquistion, LLC

United States District Court, M.D. Florida, Fort Myers Division

July 15, 2019

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,
v.
GLOBAL RADAR ACQUISTION, LLC, Defendant.

          ORDER PRELIMINARILY APPROVING SETTLEMENT AND CERTIFYING SETTLEMENT CLASS

          JOHN E. STEELE SENIOR UNITED STATES DISTRICT JUDGE.

         This 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

         ORDERED:

         1. Plaintiffs' Consent Motion for Preliminary Approval of Settlement and Notices to the Settlement Class (Doc. #43) is GRANTED.

         2. 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.

         3. 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.

         4. 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.

         5. 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 of:

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.

         The parties expressly agree to this Settlement Class definition for settlement purposes. The Settlement Class consists of approximately 20, 878 individuals.

         6. The 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 Members.

         7. 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.

         8. 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.

         9. 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 and ...


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