Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Roth v. Life Time Fitness, Inc.

United States District Court, D. Minnesota

July 22, 2019

JENNIFER ROTH, on behalf of herself and others similarly situated, Plaintiff,
v.
LIFE TIME FITNESS, INC., LTF CLUB OPERATIONS COMPANY, INC., LTF CLUB MANAGEMENT COMPANY, LLC, and LTF YOGA COMPANY, LLC Defendants.

          DANIEL R. KARON, KARON LLC, AND GARRETT D. BLANCHFIELD, JR., REINHARDT WENDORF & BLANCHFIELD, FOR PLAINTIFF.

          ELIZABETH S. GERLING, JACKSON LEWIS P.C., FOR DEFENDANTS.

          ORDER

          JOHN R. TUNHEIM CHIEF JUDGE

         This matter came before the Court on two motions by Plaintiff Jennifer Roth. First, Roth moved for final approval of settlement, certification of class, and appointment of class representative and class counsel. (Mot. for Approval, Jan. 18, 2019, Docket No. 71.) Next, Roth moved for attorneys' fees, expenses, and class representative award. (Mot. for Attorney Fees, Jan. 18, 2019, Docket No. 77.) Because the Court will find that certification of the class is appropriate, and that the requested attorneys' fees, expenses, and class representative award are reasonable, the Court will grant both motions.

         Roth brought this action on behalf of herself and all others similarly situated against Defendants Life Time Fitness, Inc., LTF Club Operations Company, Inc., LTF Club Management Company, LLC, and LTF Yoga Company, LLC (collectively “Life Time” or “Defendants”) for violating the Ohio Prompt Pay Act or, alternatively, for unjust enrichment. (2d Am. Compl. ¶¶ 26-34, Sept. 21, 2018, Docket No. 61.) Roth alleged that Life Time failed to compensate group fitness instructors for work done before and after they taught fitness classes. (Id. ¶¶ 10-18.)

         On October 24, 2018, the Court entered an Order granting preliminary approval of the proposed class Settlement. (Preliminary Approval Order at 1, Oct. 24, 2018, Docket No. 69.) The Order preliminarily certified a class for settlement purposes under Federal Rule of Civil Procedure 23(b)(3), preliminarily approved the terms of the settlement, and approved notice to the Rule 23 Settlement Class. (See generally id.)

         Roth's attorneys, through a class-action administration company called Simpluris, Inc., sent claim packets to all Class Members, which included the court-approved notice and instructions on how to file a claim. (See Decl. of Garrett D. Blanchfield ¶ 2; Ex. A at 12, Sept. 21, 2018, Docket No. 64-1.) For Class Members who did not file a claim within 21 days, Simpluris phoned them. (Decl. of Jeremiah Kincannon ¶ 7, Jan. 18, 2019, Docket No. 75.) Of the 283 mailers that were sent out, 100 class members submitted claims, only one Class Member opted out, and no Class Member objected to the settlement. (Id. ¶ 8.) Total claims amounted to $115, 681.10. (Id. ¶ 9.)

         Collectively, Roth's counsel worked on this case for a total of 2224.57 hours.[1] Life Time's counsel spent 871.8 hours on this case. (Decl. of Eric R. Magnus ¶ 3, Feb. 15, 2019, Docket No. 90.) Roth's counsel's rates are summarized in the table below.

Firm

Partner Rate (average)

Associate Rate (average)

Paralegal Rate

Karon LLC

$696

$457

N/A

Shindler, Anderson, Goplerud & Weese, P.C.

$600

$280

N/A

RoscaLaw LLC

$700

$300

N/A

Reinhardt Wendorf & Blanchfield

$730

$439

$250

(Karon Second at 3; Goplerud Decl. at 3; Rosca Decl. at 4; Blanchfield 2d at 3-4.)

         Plaintiff now seeks judicial approval of the class settlement, appointment of class representative and counsel, attorneys' fees, reimbursement for expenses, and a class representative service award.

         DISCUSSION

         I. CLASS ACTION SETTLEMENT

         On October 24, 2018, this Court preliminarily approved the Class Settlement Agreement. (Preliminary Approval Order.) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.