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Hartley v. Suburban Radiologic Consultants, Ltd.

United States District Court, D. Minnesota

May 5, 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.

Mark L. Vavreck, MARTINEAU, GONKO & VAVRECK, PLLC, 401 North Third Street, Suite 600, Minneapolis, MN 55401; Thomas J. Lyons, LYONS LAW FIRM, P.A., 367 Commerce Court, Vadnais Heights, MN 55127; and Thomas J. Lyons, Jr., CONSUMER JUSTICE CENTER P.A., 367 Commerce Court, Vadnais Heights, MN 55127, for plaintiff.

Matthew R. Doherty and Ryan J. Trucke, BRUTLAG, HARTMANN & TRUCKE, PA, 3555 Plymouth Boulevard, Suite 117, Plymouth, MN 55447, for defendants.

ORDER ON REPORT AND RECOMMENDATION

JOHN R. TUNHEIM, District Judge.

The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections have been filed to the Report and Recommendation in the time period permitted.

Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein,

IT IS HEREBY ORDERED that:

1. The Report and Recommendation are ADOPTED;

2. The Court adopts all defined terms as set forth in the Settlement Stipulation.

3. The Court finds that the requirement of Federal Rulee 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, ...

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