IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

OCIE BANKS, ROBERT WILK, and JETTIE )

BIGGS, individually and on behalf of all )

others similarly situated, ) No. 12 CV 3730

)

Plaintiffs, )

)

) Magistrate Judge Finnegan

v. )

)

GCA SERVICES GROUP, INC, )

)

Defendant. )

ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AND DISMISSING

CLAIMS WITH PREJUDICE

Plaintiffs Ocie Banks, Robert Wilk, and Jettie Biggs and Defendant GCA Services Group,

Inc. (“GCA”) have reached a proposed Settlement Agreement resolving all claims in this lawsuit.

The Plaintiffs have filed an unopposed motion for final approval of the proposed Settlement

Agreement, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure. Having reviewed the

Plaintiffs’ motion and having held a public hearing on the fairness of the Settlement Agreement, with

counsel for all parties present, the Court orders as follows: 

1. Pursuant to the Court’s July 2, 2013 Order, the Court defines the Not Eligible

Settlement Class as follows: 

All individuals who satisfy all of the following criteria: (1) GCA designated the

individual as “Not Eligible” for hire based on a consumer report in an e-mail

communication sent to a hiring manager between May 15, 2010 and March 1, 2012,

(2) GCA never mailed the individual a copy his or her consumer report between May

15, 2010 and March 1, 2012, and (3) the individual never worked for GCA after

being designated “Not Eligible” for hire. Also included in the Not Eligible Class are

individuals who GCA fired between May 15, 2010 and March 1, 2012 and whose

termination code was “Failed Background Check” and who were not mailed a copy

of his or her consumer report prior to termination. Not Eligible Class Members are

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named in Exhibit C to the parties’ Settlement Agreement.

2. Pursuant to the Court’s July 2, 2013 Order, the Court defines the Adverse

Action Letter Settlement Class as follows: 

All individuals to whom GCA mailed the form letter attached hereto as Exhibit A (or

a substantially similar letter) between May 15, 2010 and March 1, 2012 and who

were not working for GCA thirty days after the letter was mailed. Adverse Action

Letter Class Members are named in Exhibit B to the parties’ Agreement.

3. The Court finds that Simpluris, Inc. (“Simpluris”), the appointed Settlement

Administrator, has met all requirements the Court set forth in its Order Granting Preliminary

Approval of the Settlement. The Court finds that the direct-mail notice program used in this case

satisfies Rule 23(e) of the Federal Rules of Civil Procedure and the Due Process Clause of the United

States Constitution.

4. The Court finds that Defendant has met all the requirements of the Class Action

Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1715.

5. The Court has determined the terms of the settlement to be a fair, reasonable, and

adequate resolution of this matter.

6. The Court hereby dismisses this case with prejudice against Defendant. All Class

Members herein release and discharge Defendant and the other Released Parties identified in the

Parties’ Settlement Agreement from any and all Fair Credit Reporting Act claims arising out of the

Class Members’ employment or application for employment at or through any of the Defendant’s

offices and occurring between May 15, 2010 and March 1, 2012.

7. By consent of the parties, and without affecting the finality of this order, this Court

herebyretains continuing jurisdiction over the implementation of this Settlement Agreement and any

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award or distribution of the Qualified Settlement Fund (“QSF”), including interest earned thereon

for 21 days.

8. The Court directs payment to Ocie Banks, Robert Wilk, and Jettie Biggs a sum of

$2,000.00 per person over and above the amount that they are entitled to by virtue of their status as

a Class Member. This payment shall occur no later than fourteen days after entry of this Order.

9. The Court directs payment to Class Counsel a total sum of $175,000.00, which

amounts to 17.5% of the common fund created by the Settlement Agreement. The Court finds that

this award of attorneys’ fees, costs, and expenses fairly represents the market rate of Plaintiffs’

attorneys services, had their fee been negotiated with the purported class at the outset of the

litigation. This payment shall occur no later than fourteen days after the entry of this Order.

10. The Court directs payment of $45,000.00 to Simpluris for work performed as

Settlement Administrator. This payment shall occur no later than fourteen days after the entry of this

Order.

11. The Court directs Simpluris to issue checks to Class Members, as provided in the

Settlement Agreement, to all Class Members who returned valid and timely claim forms. This

payment shall occur no later than fourteen days after the entry of this Order.

12. The Court also directs Simpluris to issue a settlement check to each of the seventeen

class members who returned a claim form postmarked between September 11, 2013 and October 9,

2013. 

13. The settlement checks paid to the seventeen class members who returned claim forms

postmarked between September 11, 2013 and October 9, 2013 shall be in the same amounts as the

checks issued to class members who filed claim forms between July 10, 2013 and September 10,

2013. 

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14. To ensure that no class member’s award will be reduced by permitting untimely

claims, all settlement checks paid to class members who returned claim forms postmarked between

September 11, 2013 and October 9, 2013 shall be paid out of funds that otherwise would have been

designated for the Cy Pres recipient, Chicago Food Depository. 

15. Except for the seventeen class members who returned claim forms postmarked

between September 11, 2013 and October 9, 2013 set forth above, anyadditional class members who

submit untimely claim forms will be ineligible to receive a payment from the settlement fund.

ENTERED:

_______________________________________

Magistrate Judge Sheila Finnegan

Dated: October 17, 2013

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