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Hartley v. Suburban Radiologic Consultants, Ltd.

United States District Court, D. Minnesota

April 24, 2014

Keith Hartley, on behalf of himself and all others similarly situated, Plaintiff,
v.
Suburban Radiologic Consultants, Ltd., and CT Inc. Services, an assumed name for Colltech Inc., Defendants.

REPORT AND RECOMMENDATION

JEANNE J. GRAHAM, Magistrate Judge.

This matter is before the Court on the Joint Motion for Preliminary Approval of Class Action Settlement Agreement (ECF No. 81). After reviewing the Statement informing the Court of the execution of a Stipulation of Settlement ("Settlement Stipulation") between the Parties, this matter came before the Court regarding the dissemination of a Notice of Proposed Class Settlement ("Notice") to all Class Members, to preliminarily approve the Settlement, and to set the date for the Settlement Hearing.

The Court having read and considered the Parties' Statement, the Settlement Stipulation and attached exhibits, including the proposed Notice, finds there are sufficient grounds to enter this Report and Recommendation.

IT IS HEREBY RECOMMENDED THAT:

1. The Court, for purposes of this Report and Recommendation, adopts all defined terms as set forth in the Settlement Stipulation.

2. The Court finds that the requirements of Federal Rule of Civil Procedure 23 have been satisfied as to the Class Period defined in the Settlement Stipulation and certifies the following Settlement Class only for purposes of effectuating the Settlement Agreement:

a. all 28, 475 persons/consumers residing in Minnesota to whom letters similar to Exhibits A, B and/or C (attached to Stipulation of Settlement and Notice) were sent during the Class Period (September 14, 2010 through September 13, 2011); and
b. excluding:
i. persons who asserted claims that were the subject of any lawsuit filed during the Class Period alleging causes of action related to any Released Claims;
ii. persons who asserted any claims for which Defendants received an executed release during the Class Period;
iii. Defendants, all present or former officers and/or directors of Defendants, Class Counsel, the Judge of this Court, Defendants' counsel of record; and
iv. all Persons who make a timely election to be excluded from the Settlement Class.

3. The Settlement Stipulation is preliminarily approved, as the terms are within the range of possible approval as being fair, reasonable, and adequate, and the proposed Notice to the Settlement Class of the settlement terms and conditions, and the scheduling of a final fairness hearing is reasonable under the circumstances.

4. Defendants Suburban Radiologic Consultants, Ltd., and CT Inc. Services, an assumed name for Colltech Inc. ("CT Inc.") shall disseminate Notice of Proposed Class Settlement Stipulation to all potential Class Members as soon as possible but no later than thirty (30) business days following the date of this Report and Recommendation. A copy of the Notice, in the attached form, shall be mailed by first-class U.S. mail, postage prepaid, to all Class Members in accordance with the Settlement ...


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