United States District Court, S.D. Alabama, Southern Division
FINAL JUDGMENT AND ORDER APPROVING CLASS
WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE.
matter comes before the Court on plaintiff's Unopposed
Motion for Final Approval of Class Action Settlement and
Entry of Final Judgment (doc. 55) and plaintiff's Motion
for Award of Attorneys' Fees, Expenses and Incentive
Payments for Class Representatives (doc. 54). For the reasons
set forth herein, both Motions are granted.
September 29, 2017, the undersigned entered an Order (doc.
50) granting preliminary approval (the “Preliminary
Approval Order”) of the settlement reached between
plaintiff, Family Medicine Pharmacy LLC (“Family
Medicine”), on its own behalf and on behalf of the
settlement class, and defendant, Impax Laboratories, Inc.
This settlement is memorialized in a 41-page Settlement
Agreement and Release attached as Exhibit 1 to
plaintiff's Memorandum in Support of Motion for
Preliminary Approval of Class Action Settlement (doc. 49).
Capitalized terms used herein shall have the same meanings
ascribed to them in the Settlement Agreement.
March 6, 2018, the Court held a fairness hearing. Counsel for
all parties attended and participated in the hearing. Members
of the Settlement Class were given appropriate notice of the
Fairness Hearing and were invited to attend in order to
assert any objections to the terms of the Settlement
Agreement or plaintiff's requests for approval/award of
attorney's fees, class representative incentive payment
and reimbursement of expenses. Pursuant to the Preliminary
Approval Order and Rule 23(e), Fed.R.Civ.P., an opportunity
to be heard was given to all such class members at the
Fairness Hearing; however, no persons other than the parties
and their counsel appeared at the Fairness Hearing, requested
leave of court to address any aspect of the proposed
settlement, or filed any notice, request or motion prior to
the Fairness Hearing seeking an opportunity to be heard or
articulating any objections to the settlement, the requested
attorney's fee award, incentive payments or expense
Court having considered the Settlement Agreement,
plaintiff's Memorandum Brief of Points and Authorities
(doc. 56), the Motions and exhibits thereto, the Preliminary
Approval Order, and the arguments and evidence presented at
the Fairness Hearing, it is hereby ORDERED
Court has jurisdiction over Plaintiff, Defendant, members of
the Settlement Class, the Escrow Account, and the claims
asserted in this action.
Settlement Agreement was entered into in good faith following
arm's length negotiations, including a mediation session
before an experienced mediator.
Pursuant to Rule 23(e), Fed.R.Civ.P., this Court grants
final approval of the Settlement Agreement,
including but not limited to the Releases set forth therein,
and finds that the Settlement Agreement is in all respects
fair, adequate and reasonable, is not the product of
collusion between the parties, and is in the best interests
of the Settlement Class, for the reasons set forth
below. All members of the Settlement Class that
have not opted out are bound by this Final Judgment and
class that was conditionally certified in the Preliminary
Approval Order is now finally certified,
solely for purposes of this Settlement, pursuant to Rule
23(a) and 23(b)(3) of the Federal Rules of Civil Procedure,
All individuals and/or entities who or which received one
or more unsolicited advertisements via facsimile from
Defendant between December 1, 2013 and the date of entry of
the Preliminary Approval Order, which was September 29, 2017.
Court finds that certification of the Settlement Class solely
for purposes of this settlement is appropriate for the
reasons set forth in detail in the Preliminary Approval
Order, including the following: (a) the Settlement Class is
so numerous that joinder of all members is impracticable; (b)
there are questions of law and fact common to the Settlement
Class that predominate over those questions affecting only
individual Settlement Class Members; (c) Family
Medicine's claims are typical of the claims of the
Settlement Class; (d) Family Medicine has fairly and
adequately protected, and will fairly and adequately protect,
the interests of the Settlement Class; (e) McFerrin Law Firm
LLC and Zarzaur Mujumdar & Debrosse are adequate
Settlement Class counsel; and (f) a class action is superior
to other available methods for fairly and efficiently
adjudicating the controversy.
Family Medicine is designated as Class
Representative of the Settlement Class.
James H. McFerrin of McFerrin Law Firm LLC in Birmingham,
Alabama, and Diandra S. Debrosse Zimmermann of Zarzaur
Mujumdar & Debrosse in Birmingham, ...