The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND PROVISIONAL CLASS CERTIFICATION
On July 23, 2012, this Court heard plaintiff Amelia Foos's motion for preliminary approval of class settlement and provisional class certification under Rule 23 of the Federal Rules of Civil Procedure. This Court reviewed the motion, including the Amended Settlement Agreement and Release ("Settlement Agreement"). Based on this review and the findings below, the Court found good cause to grant the motion.
1. The Settlement Agreement is fair, reasonable, and adequate;
2. The Full Notice, U.S. Mail Notice, Email Notice, Publication Notice and Claim Form (attached to the Settlement Agreement) comply with due process because the notices and forms are reasonably calculated to adequately apprise class members of (i) the pending lawsuit, (ii) the proposed settlement, and (iii) their rights, including the right to either participate in the settlement, exclude themselves from the settlement or object to the settlement;
3. The Class is so numerous that joinder of all Class Members is impracticable;
4. Plaintiff's claims are typical of the Class's claims;
5. There are questions of law and fact common to the Class, which predominate over any questions affecting only individual Class Members; and
6. Class Certification is superior to other available methods for the fair and efficient adjudication of the controversy.
1. Settlement Approval. The Settlement Agreement, including the Full Notice, U.S. Mail Notice, Email Notice, Publication Notice and Claim Form, attached to the Settlement Agreement as Exhibits B-F are preliminarily approved.
2. Provision of Class Notice. Defendant Ann Inc. will notify Class Members of the settlement in the manner specified under Section 3.3 of the Settlement Agreement ("Notice").
3. Claims Administrator. The Garden City Group, Inc. is appointed as the Claims Administrator.
4. Claim for Vouchers. Class Members who want to receive a Voucher under the Settlement Agreement must accurately complete and deliver a Claim Form to the Claims Administrator no later than one hundred and forty (140) calendar days after Notice is ...