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Gentles v. Healthport Technologies, LLC

United States District Court, S.D. Illinois

September 7, 2017

STEFANIE GENTLES, RICHARD MESSERLY, GREGG BROWN, and DAVID BAIR, individually and on behalf of all others similarly situated, Plaintiffs,
v.
HEALTHPORT TECHNOLOGIES, LLC, and CIOX HEALTH, LLC, Defendants.

          FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

          DAVID R. HERNDON UNITED STATES DISTRICT COURT JUDGE.

         Pending before the Court are the Plaintiffs' Motion for Approval of Class Action Settlement (Doc. 77) and Plaintiffs' Motion for an Award of Attorneys' Fees and Costs and Request for Incentive Awards (Doc. 79). Having reviewed the papers filed in support of the motions, heard argument of counsel, and good cause appearing therein, the motions are GRANTED and it is hereby ORDERED, ADJUDGED, and DECREED that:

         1. Any terms and phrases in this Order shall have the same meaning as in the Class Action Settlement Agreement (Doc. 78-1, the “Settlement Agreement”).

         2. This Court has jurisdiction over the subject matter of this action and over all Parties to the Action, including all Settlement Class Members.

         3. The Settlement Class is bound by this Order and Judgment 4. For purposes of the Settlement and this Final Judgment and Order of Dismissal with Prejudice, the Settlement Class means all persons in the United States who paid to HealthPort Technologies, LLC and/or CIOX Health, LLC, at any time on or after December 6, 2010, one of the following fees as a result of obtaining electronic medical records in electronic form from a healthcare facility or physician practice located in the State of Illinois: (a) the full Paper Copy Price rather than the discounted Electronic Record Price; and/or (b) an Electronic Delivery Fee.

         5. The court finds that the Settlement Class meets the requirements of Federal Rules of Civil Procedure 23(a) and (b)(2).

         6. The prerequisites for certification of the Settlement Class under Rules 23(a) and (b)(2) of the Federal Rules of Civil Procedure have been satisfied in that: (a) the number members of the Settlement Class is so numerous that joinder of all members thereof is impracticable; (b) there are questions of law and fact common to the Settlement Class; (c) the claims of the class representatives are typical of the claims of the Settlement Class they seek to represent; (d) the class representatives have and will fairly and adequately represent the interests of the Settlement Class; and (e) the Defendants have acted or refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory relief with respect to the class as a whole.

         7. The Court affirms certification of the Settlement Class.

         8. Due to the broad, automatic, and uniform benefit of the injunctive relief in this action, it will inure to benefit all members of the Settlement Class in equal measure. Accordingly, no notice is required or necessary as: absent Settlement Class Members retain their rights to sue for monetary relief; the Settlement extends near complete injunctive relief to the Class; there is no evidence of collusion amongst the parties; the Settlement negotiations were conducted at arms' length; and the cost of notice itself would actually jeopardize the Settlement Agreement. The Court, in its discretion, declines to order notice in this action as it is not required in order to satisfy the requirements of federal due process of law.

         9. The Settlement, as set forth in the Settlement Agreement, is in all respects fair, reasonable, adequate and in the best interests of the Settlement Class, and it is approved. The Parties to the Settlement Agreement shall effectuate the Settlement Agreement according to its terms. The Settlement Agreement and every term and provision thereof shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an Order of this Court.

         10. This Order and Judgment, and the Settlement Agreement, shall not be construed as, or used as an admission or concession on the part of Defendants with respect to any claim of any fault or wrongdoing or liability or damage whatsoever.

         11. The Court approves the payment to Class Counsel of $290, 000.00 in attorneys' fees, inclusive of any and all costs, pursuant to the terms set forth in the Settlement Agreement.

         12. The award of attorneys' fees to Class Counsel shall be allocated among Plaintiffs' counsel in a fashion that, in the opinion of Class Counsel, fairly compensates counsel for their respective contributions in the prosecution of the Action. The Court has considered this award of attorneys' fees and reimbursement of expenses separately from the merits of the settlement and the Court has considered and finds as follows:

a. The Settlement has provided significant relief to the Settlement Class and provided such injunctive relief ...

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