Exhibit 3

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ROSE COULTER-OWENS, 

individually, and on behalf of all others 

similarly situated,

Plaintiff,

v.

RODALE INC., a Pennsylvania 

Corporation, 

Defendant.

Case No. 2:14-cv-12688

Honorable Robert H. Cleland

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL 

OF CLASS ACTION SETTLEMENT AGREEMENT, CERTIFYING 

SETTLEMENT CLASS, APPOINTING CLASS REPRESENTATIVE, 

APPOINTING CLASS COUNSEL, AND APPROVING NOTICE PLAN

WHEREAS, a class action is pending before the Court entitled CoulterOwens v. Rodale Inc., No. 1:14-cv-12688; and

WHEREAS, Plaintiff Rose Coulter-Owens and Defendant Rodale Inc. have 

entered into a Class Action Settlement Agreement, which, together with the 

exhibits attached thereto, sets forth the terms and conditions for a proposed 

settlement and dismissal of the Action with prejudice as to Defendant upon the 

terms and conditions set forth therein (the “Settlement Agreement”), and the Court 

having read and considered the Settlement Agreement and exhibits attached to;

This matter coming before the Court upon the agreement of the parties, good 

cause being shown, and the Court being fully advised in the premises,

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IT IS HEREBY ORDERED, DECREED, AND ADJUDGED AS FOLLOWS:

1. Terms and phrases in this Order shall have the same meaning as 

ascribed to them in the Settlement Agreement.

2. The Parties have moved the Court for an order approving the 

settlement of the Action in accordance with the Settlement Agreement, which, 

together with the documents incorporated therein, sets forth the terms and 

conditions for a proposed settlement and dismissal of the Action with prejudice, 

and the Court having read and considered the Settlement Agreement and having 

heard the parties and being fully advised in the premises, hereby preliminarily 

approves the Settlement Agreement in its entirety subject to the Final Approval 

Hearing referred to in paragraph 20 of this Order.

3. This Court finds that it has jurisdiction over the subject matter of this 

action and over all Parties to the Action.

4. The Court finds that, subject to the Final Approval Hearing, the 

Settlement Agreement is fair, reasonable, and adequate, within the range of 

possible approval, and in the best interests of the Settlement Class set forth below. 

The Court further finds that the Settlement Agreement substantially fulfills the 

purposes and objectives of the class action, and provides substantial relief to the 

Settlement Class without the risks, burdens, costs, or delay associated with 

continued litigation, trial, and/or appeal. The Court also finds that the Settlement 

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Agreement (a) is the result of arm’s-length negotiations between experienced class 

action attorneys; (b) is sufficient to warrant notice of the settlement and the Final 

Approval Hearing to be disseminated to the Settlement Class; (c) meets all 

applicable requirements of law, including Federal Rule of Civil Procedure 23 and 

the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715; and (d) is not a 

finding or admission of liability by the Defendant or any other parties. 

Certification of the Settlement Class

5. For purposes of settlement only: (a) Jay Edelson, Ari J. Scharg, and 

Benjamin S. Thomassen of Edelson PC are appointed Class Counsel for the 

Settlement Class; and (b) Rose Coulter-Owens is named Class Representative. The 

Court finds that these attorneys are competent and capable of exercising the 

responsibilities of Class Counsel and that Plaintiff Coulter-Owens will adequately 

protect the interests of the Settlement Class defined below. 

6. For purposes of settlement only, the Court conditionally certifies the 

following Settlement Class as defined in the Settlement Agreement:

All persons with Michigan street addresses who, between July 

1, 2009 and the date of Preliminary Approval, purchased a 

subscription to a Rodale Publication.

7. The Court finds, subject to the Final Approval Hearing referred to in 

Paragraph 20 below, that the Settlement Agreement is fundamentally fair, 

adequate, and reasonable, and, solely within the context of and for the purposes of 

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settlement only, that the Settlement Class satisfies the requirements of Rule 23 of 

the Federal Rules of Civil Procedure, specifically, that: the Settlement Class is so 

numerous that joinder of all members is impracticable; there are questions of fact 

and law common to the Settlement Class (e.g., whether Defendant obtained 

consent before disclosing to third parties Plaintiff’s and the Settlement Class’s

Subscriber Information, whether Defendant’s disclosure of Plaintiff’s and the 

Settlement Class Members’ Magazine Subscriber Information violated the 

Michigan Video Rental Privacy Act, M.C.L. §§ 445.1712, et al. (“VRPA”), and 

whether Plaintiff and the Settlement Class members are entitled to uniform 

statutory damages under the VRPA); the claims of the Class Representative are 

typical of the claims of the members of the Settlement Class; the Class 

Representative and Class Counsel will fairly and adequately protect the interests of 

the members of the Settlement Class; common questions of law or fact 

predominate over questions affecting individual members; and a class action is a 

superior method for fairly and efficiently adjudicating the Action. 

8. Should the Settlement Agreement not receive the Court’s final 

approval, should final approval be reversed on appeal, or should the Settlement 

Agreement otherwise fail to become effective, the Court’s grant of class 

certification shall be vacated, and the Class Representative and the Settlement 

Class would once again bear the burden of establishing the propriety of class 

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certification. In such case, neither the certification of the Settlement Class for 

settlement purposes, nor any other act relating to the negotiation or execution of 

the Settlement Agreement shall be considered as a factor in connection with any 

class certification issue(s).

Notice and Administration

9. The Court approves, as to form, content, and distribution, the Claim 

Form attached to the Settlement Agreement as Exhibit A, the Notice Plan and all 

forms of Notice to the Settlement Class as set forth in the Settlement Agreement 

and Exhibits B, C, and D thereto, and finds that such Notice is the best notice 

practicable under the circumstances, and that the Notice complies fully with the 

requirements of the Federal Rules of Civil Procedure. The Court also finds that the 

Notice constitutes valid, due and sufficient notice to all persons entitled thereto, 

and meets the requirements of Due Process. The Court further finds that the Notice 

is reasonably calculated to, under all circumstances, reasonably apprise members 

of the Settlement Class of the pendency of this action, the terms of the Settlement 

Agreement, and the right to object to the settlement and to exclude themselves 

from the Settlement Class. In addition, the Court finds that no notice other than 

that specifically identified in the Settlement Agreement is necessary in this Action. 

The parties, by agreement, may revise the Notice and Claim Form in ways that are 

not material, or in ways that are appropriate to update those documents for 

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purposes of accuracy or formatting for publication.

10. The Court approves the request for the appointment of Epiq Systems, 

Inc. as Settlement Administrator of the Settlement Agreement.

11. Pursuant to paragraph 4.1 of the Settlement Agreement, the 

Settlement Administrator is directed to publish the Notice and Claim Form on the 

Settlement Website and to send direct notice via U.S. Mail and email in accordance 

with the Notice Plan called for by the Settlement Agreement. The Settlement 

Administrator shall also maintain the Settlement Website to provide full 

information about the Settlement and allow for the filing of claims online. 

Exclusion

12. Members of the Class who wish to receive benefits under the 

Settlement Agreement must complete and submit their Claim Form(s) in 

accordance with the instructions contained therein. All Claim Forms must be 

postmarked or received by the Settlement Administrator within forty-five (45) days 

after the date of the entry of the Final Judgment.

13. Members of the Settlement Class who wish to exclude themselves 

from the Class may do so if, on or before the Objection/Exclusion Deadline of 

_________________ [suggested date of 73 days after entry of this Order] they 

comply with the exclusion procedures set forth in the Settlement Agreement and 

Notice. Any members of the Class so excluded shall neither be bound by the terms 

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of the Settlement Agreement nor entitled to any of its benefits.

14. Any members of the Settlement Class who elect to exclude 

themselves or “opt out” of the Settlement Agreement must file a written request 

with the Settlement Administrator, received or postmarked no later than the 

Objection/Exclusion Deadline. The request for exclusion must comply with the 

exclusion procedures set forth in the Settlement Agreement and Notice and include 

the Settlement Class member’s name and address, the name of the Rodale

publication to which he or she is a subscriber, a signature, the name and number of 

the case, and a statement that he or she wishes to be excluded from the Settlement 

Class for the purposes of this Settlement. So called “mass” or “class” opt-outs shall 

not be allowed.

15. Members of the Settlement Class who opt out of the Settlement 

Agreement will relinquish their rights to benefits under the Settlement Agreement 

and will not release their claims. However, members of the Settlement Class who 

fail to submit a valid and timely request for exclusion shall be bound by all terms 

of the Settlement Agreement and the Final Judgment, regardless of whether they 

have requested exclusion from the Settlement Agreement.

Objections

16. Any members of the Settlement Class who have not timely filed a 

request for exclusion may object to the fairness, reasonableness, or adequacy of the 

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Settlement Agreement or to a Final Judgment being entered dismissing the Action 

with prejudice in accordance with the terms of the Settlement Agreement, or to the 

attorneys’ fees and expense reimbursement sought by Class Counsel in the 

amounts specified in the Notice, or to the award to the Class Representative as set 

forth in the Notice and Settlement Agreement. At least fourteen (14) days prior to 

the Objection/Exclusion Deadline, papers supporting the Fee Award shall be filed 

with the court and posted to the settlement website. Members of the Class may 

object on their own, or may do so through separate counsel at their own expense.

17. To object, members of the Class must sign and file a written objection 

no later than on or before the Objection/Exclusion Deadline of 

______________________ [suggested date of 73 days after entry of this Order]. 

To be valid, the objection must comply with the objection procedures set forth in 

the Settlement Agreement and Notice, and include his or her name and address; an 

explanation of the basis upon which he or she claims to be a Settlement Class 

Member, including the Rodale publication to which he or she is or was a 

subscriber; a signature; all grounds for the objection, including all citations to legal 

authority and evidence supporting the objection; the name and contact information 

of any and all attorneys representing, advising, or in any way assisting him or her 

in connection with the preparation or submission of the objection or who may 

profit from the pursuit of the objection (the “Objecting Attorneys”); and a 

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statement indicating whether he or she intends to appear at the Final Approval 

Hearing (either personally or through counsel who files an appearance with the 

Court in accordance with Eastern District of Michigan Local Rules). If a 

Settlement Class Member or any of the Objecting Attorneys has objected to any 

class action settlement where the objector or the Objecting Attorneys asked for or 

received any payment in exchange for dismissal of the objection, or any related 

appeal, without any modification to the settlement, then the objection must include 

a statement identifying each such case by full case caption. 

18. Members of the Class who fail to file and serve timely written 

objections in compliance with the requirements of this paragraph and the 

Settlement Agreement shall be deemed to have waived any objections and shall be 

foreclosed from making any objections (whether by appeal or otherwise) to the 

Settlement Agreement or to any of the subjects listed in paragraph 20, below.

19. To be valid, objections must be filed with the Court and sent to Class 

Counsel: Ari J. Scharg of Edelson PC, 350 North LaSalle, Suite 1300, Chicago, IL 

60654, and to Defendant’s Counsel: Natalie Spears of Dentons US LLP, 233 South 

Wacker Drive, Suite 5900, Chicago, IL 60606-631. In addition, any objections 

made by a Class member represented by counsel must be filed through the Court’s 

CM/ECF system.

Final Approval Hearing

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20. The Final Approval Hearing shall be held before this Court on 

__________, 2016 at .m [suggested date of 100 days after entry of this 

Order] in Room 712 at the Theodore Levin U.S. Courthouse, 231 W. Lafayette 

Blvd., Detroit, Michigan 48226 to determine (a) whether the proposed settlement 

of the Action on the terms and conditions provided for in the Settlement 

Agreement is fair, reasonable, and adequate and should be given final approval by 

the Court; (b) whether a judgment and order of dismissal with prejudice should be 

entered; (c) whether to approve the payment of attorneys’ fees and expenses to 

Class Counsel; and (d) whether to approve the payment of an incentive award to 

the Class Representative. The Court may adjourn the Final Approval Hearing 

without further notice to members of the Settlement Class.

21. Class Counsel shall file papers in support of their Fee Award and 

Class Representative’s Incentive Award (collectively, the “Fee Petition”) with the 

Court on or before _________ [suggested date of 59 days after entry of this Order,

(i.e., 14 days before the Objection/Exclusion Deadline).]

22. Papers in support of final approval of the Settlement Agreement and 

any supplementation to the Fee Petition shall be filed with the Court on or before 

_________ [suggested date of 14 days before Final Approval hearing.] 

Further Matters

22. All further proceedings in the Action are ordered stayed until Final 

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Judgment or termination of the Settlement Agreement, whichever occurs earlier, 

except for those matters necessary to obtain and/or effectuate final approval of the 

Settlement Agreement. 

23. Members of the Settlement Class shall be bound by all determinations 

and judgments in the Action concerning the Action and/or Settlement Agreement, 

whether favorable or unfavorable.

24. If the Settlement Agreement is not approved by the Court in complete 

accordance with its terms, each party will have the option of having the Action 

revert to its status as if the Settlement Agreement had not been negotiated, made, 

or filed with the Court. In such event, the parties will retain all rights as if the 

Settlement Agreement was never agreed upon.

25. In the event that the Settlement Agreement is terminated pursuant to 

the provisions of the Settlement Agreement or for any reason whatsoever the 

approval of it does not become Final then (i) the Settlement Agreement shall be 

null and void, including any provision related to the award of attorneys’ fees, and 

shall have no further force and effect with respect to any party in this Action, and 

shall not be used in this Action or in any other proceeding for any purpose; (ii) all 

negotiations, proceedings, documents prepared, and statements made in connection 

therewith shall be without prejudice to any person or party hereto, shall not be 

deemed or construed to be an admission by any party of any act, matter, or 

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proposition, and shall not be used in any manner or for any purpose in any 

subsequent proceeding in this Action or in any other action in any court or other 

proceeding, provided, however, that the termination of the Settlement Agreement 

shall not shield from subsequent discovery any factual information provided in 

connection with the negotiation of this Settlement Agreement that would ordinarily 

be discoverable but for the attempted settlement; (iii) other than as expressly 

preserved by the Settlement Agreement in the event of its termination, the 

Settlement Agreement shall have no further force and effect with respect to any 

party and shall not be used in the Action or any other proceeding for any purpose; 

and (iv) any party may elect to move the Court pursuant to the provisions of this 

paragraph, and none of the non-moving parties (or their counsel) shall oppose any 

such motion.

IT IS SO ORDERED, this ______ day of _______________, 2016.

Entered: _________________________________

The Honorable Robert H. Cleland

United States District Judge

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