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. )

FINAL APPROVAL AND DISMISSAL ORDER

This matter coming before the Court on the request of Plaintiffs for final approval of the 

Parties’ Class Action Settlement Agreement (“Settlement Agreement”), and for dismissal, and 

having considered the papers submitted to the Court and proceedings to date, THE COURT 

FINDS AS FOLLOWS:

1. This Court has jurisdiction over the subject matter of the Action, the Named 

Plaintiffs, the members of the Settlement Class, and Defendant;

2. The dissemination of the Notice Packet, as provided for in the Settlement 

Agreement, constituted the best practicable notice under the circumstances to all members of 

the Settlement Class and fully met the requirements of Fed. R. Civ. P. 23, any and all substantive 

and procedural due process rights guaranteed by the United States Constitution and any other 

applicable law;

3. One member of the Settlement Class opted out of the Settlement;

4. No member of the Settlement Class objected to the Settlement;

5. The Court finds the Settlement is fair, reasonable and adequate.

Case: 1:12-cv-04416 Document #: 149 Filed: 09/02/15 Page 1 of 3 PageID #:1623
THEREFORE, IT IS HEREBY ORDERED:

A. That all defined terms contained herein shall have the same meanings as set forth 

in the Parties’ Settlement Agreement;

B. The Court gives final approval of the Settlement as fair, reasonable, and adequate 

to the Named Plaintiffs and to each member of the Settlement Class, and in their best interests, 

and in full compliance with all requirements of due process and federal law. The Settlement is 

finally approved in all respects and its terms and provisions shall be consummated;

C. That, except as to any person who has timely and effectively requested exclusion 

from the Settlement, the Court hereby dismisses with prejudice the Action, all claims contained 

therein, and bars and permanently enjoins all members of the Settlement Class who worked for 

Defendant as tip pool employees in Illinois and who did not opt-out of the Settlement from 

prosecuting any released claims against Defendant;

D. The Court finds that Named Plaintiffs and Class Counsel adequately represented 

the members of the Settlement Class for the purposes of entering into and implementing the 

Settlement;

E. The Court approves the settlement payments to be made to each Claimant; 

F. The Court approves the payment of attorneys’ fees, costs, and expenses to Class 

Counsel (the “Attorneys’ Fees and Costs Award”) in the total amount of $68,125.00. The 

Attorneys’ Fees and Costs Award shall be distributed to Class Counsel in accordance with the 

terms of the Settlement Agreement;

G. The Court approves the Incentive Awards to the Class Representatives as 

compensation for their time in the amount of $5,000 each, distributed in accordance with 

Settlement Agreement;

2

Case: 1:12-cv-04416 Document #: 149 Filed: 09/02/15 Page 2 of 3 PageID #:1623
H. That, except as otherwise provided in the Settlement Agreement or herein, the

settling Parties are to bear their own attorneys’ fees and costs; and

I. The Court dismisses this action in its entirety.

Dated: September 2, 2015

____________________________________

Hon. Edmond E. Chang

United States District Judge

3

Case: 1:12-cv-04416 Document #: 149 Filed: 09/02/15 Page 3 of 3 PageID #:1623