IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

AMY STARR and ANDREW PHELAN, )

individually and on behalf of a )

class of persons similarly situated, )

) Case No. 12-cv-4416

Plaintiffs, )

) Hon. Edmond E. Chang

v. )

)

CHICAGO CUT STEAKHOUSE, LLC, )

an Illinois limited liability company, )

)

Defendant. )

PLAINTIFFS’ MOTION FOR FINAL APPROVAL

OF THE PARTIES’ CLASS ACTION SETTLEMENT AGREEMENT

Plaintiffs, Amy Starr and Andrew Phelan, individually and on behalf of a certified class 

of persons similarly situated, by their attorneys, respectfully move for the entry of an Order 

granting final approval of the Parties’ Class Action Settlement Agreement (the “Settlement 

Agreement”). In support of their motion, Plaintiffs submit a supporting Memorandum of Law, 

the Declarations of Class Counsel, and the Declaration of Jeff Houdek as principal and 

authorized agent of the Claims Administrator, and state as follows:

1. On May 13, 2015, this Court granted preliminary approval of the One Hundred 

Fifty Thousand Dollars ($150,000.00) settlement of Plaintiffs’ class action claims (the 

“Settlement”). (Dkt. No. 135).

2. Final approval is appropriate where the court determines that a settlement is fair, 

adequate, and reasonable. Synfuel Techs., Inc. v. DHL Express (USA), Inc., 463 F.3d 646, 652 

(7th Cir. 2005). 

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3. The Settlement in this case was achieved in good faith and through arms-length 

negotiations, and is not the product of fraud or collusion.

4. The Settlement offers substantial monetary relief to the Class Members.

5. The Settlement is overwhelmingly supported by class members. Only one of the 

554 Class Members submitted a request for exclusion, and none objected to the Settlement. 

These facts show strong support for the Settlement.

6. Plaintiff has provided the Class Members with adequate notice of the terms and 

conditions of the Settlement in a manner intended to maximize their due process rights.

7. Additionally, experienced Class Counsel have extensively analyzed the claims 

and issues herein, and certify that the Settlement is fair, reasonable, and adequate, and in the best 

interest of the Class Members. Thus, the Court should grant final approval of the Settlement, 

find the Settlement fair, reasonable, adequate, and in the best interests of the Class Members, 

approve Class Counsel’s request for an award of attorneys’ fees and costs, approve the Incentive 

Payments to the Class Representatives, and enter the Parties’ proposed final approval order 

dismissing this action and barring any further released claims by Class Members who worked for 

Defendant and who did not opt-out of the Settlement.

WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter the 

proposed Final Approval and Dismissal Order attached as Exhibit 1 to Plaintiff’s Memorandum 

of Law.

Respectfully submitted,

AMY STARR and ANDREW PHELAN, 

individually and on behalf of a certified class of 

persons similarly situated,

Case: 1:12-cv-04416 Document #: 136 Filed: 08/12/15 Page 2 of 3 PageID #:1490
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/s/ James X. Bormes

One of Plaintiffs’ Attorneys

James X. Bormes Peter E. Converse

Catherine P. Sons Converse Law Offices, LLC

Law Office of James X. Bormes, P.C. 175 West Jackson Boulevard

8 South Michigan Avenue Suite 1600

Suite 2600 Chicago, Illinois 60604

Chicago, Illinois 60603 (312) 540-7514

(312) 201-0575

Case: 1:12-cv-04416 Document #: 136 Filed: 08/12/15 Page 3 of 3 PageID #:1491