United States District Court, S.D. Illinois
STEFANIE GENTLES, RICHARD MESSERLY, GREGG BROWN, and DAVID BAIR, individually and on behalf of all others similarly situated, Plaintiffs,
HEALTHPORT TECHNOLOGIES, LLC, and CIOX HEALTH, LLC, Defendants.
FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND FINAL
JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE
R. HERNDON UNITED STATES DISTRICT COURT JUDGE.
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:
terms and phrases in this Order shall have the same meaning
as in the Class Action Settlement Agreement (Doc. 78-1, the
Court has jurisdiction over the subject matter of this action
and over all Parties to the Action, including all Settlement
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.
court finds that the Settlement Class meets the requirements
of Federal Rules of Civil Procedure 23(a) and (b)(2).
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.
Court affirms certification of the Settlement Class.
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.
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.
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.
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.
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
a. The Settlement has provided significant relief to the
Settlement Class and provided such injunctive relief ...