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., 

 Defendant. 

_________________________________/

Case No. 14-12688

STIPULATED FINAL JUDGMENT 

This Stipulation is entered into by and among Plaintiff Rose Coulter-Owens and 

Defendant Rodale Inc., by and through their respective counsel. 

WHEREAS, Plaintiff Rose Coulter-Owens (“Plaintiff”), individually and as Class 

Representative, and Defendant Rodale Inc. (“Defendant”) entered into a Settlement 

Agreement (Dkt. #51-2), which, together with the exhibits attached thereto, set forth the 

terms and conditions for the settlement and dismissal of the Action with prejudice, (See 

id. § 7.3); and 

WHEREAS, on September 29, 2016, the Court granted Plaintiff’s Motion for Final 

Approval of Class Action Settlement, (Dkt. #54) (“Final Approval Order”); and 

WHEREAS, the Parties now respectfully request that the Court enter a Final 

Judgment in this matter and dismiss the action as set forth in their Class Action 

Settlement Agreement. 

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NOW THEREFORE the Parties stipulate as follows: 

1. The terms and phrases in this Stipulation shall have the same meaning as 

ascribed to them in the Parties’ Class Action Settlement Agreement. 

2. Upon execution and filing of this stipulation, the parties request that the 

Court enter an order: 

a. Finding that the Court has jurisdiction over the subject matter of the 

Action and over all Parties to the Action, including all Settlement Class members. 

b. Finding that the notice provided to the Settlement Class fully 

complied with the requirements of Fed. R. Civ. P. 23 and due process as discussed in 

the Final Approval Order, and that the Defendants properly and timely notified the 

appropriate government officials of the Settlement Agreement pursuant to the Class 

Action Fairness Act of 2005, 28 U.S.C. § 1715, and that more than ninety (90) days 

elapsed between the date of that notice and the Final Approval Order. 

c. Directing the Parties to implement the Settlement Agreement 

according to its terms and provisions and incorporating the Settlement Agreement into 

this Final Judgment in full, such that the Settlement Agreement has the full force of an 

Order of this Court, provided, however, that the terms of the Final Approval Order shall 

supersede those of the Settlement Agreement wherever the two may conflict. 

d. Dismissing the Action, as identified in the Settlement Agreement, 

on the merits and with prejudice. 

e. Finding that except as otherwise set forth in the Court’s order 

granting final approval of the Class Action Settlement Agreement, the Parties shall bear 

their own costs and attorneys’ fees. 

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f. Finding that Plaintiffs and each and every Settlement Class 

Member who did not opt out of the Settlement Class (whether or not such members 

submit claims), including such individuals’ respective present or past heirs, executors, 

estates, administrators, predecessors, successors, assigns, parent companies, 

subsidiaries, associates, affiliates, employers, employees, agents, consultants, 

independent contractors, insurers, directors, managing directors, officers, partners, 

principals, members, attorneys, accountants, financial and other advisors, underwriters, 

shareholders, lenders, auditors, investment advisors, legal representatives, successors 

in interest, assigns and companies, firms, trusts, and corporations shall be deemed to 

have released Defendant, as well as any and all of its respective present or past heirs, 

executors, estates, administrators, predecessors, successors, assigns, parent 

companies, subsidiaries, licensors, licensees, associates, affiliates, employers, 

employees, agents, consultants, independent contractors, insurers, directors, managing 

directors, officers, partners, principals, members, attorneys, accountants, financial and 

other advisors, underwriters, shareholders, lenders, auditors, investment advisors, legal 

representatives, successors in interest, assigns and companies, firms, trusts, and 

corporations from any and all actual, potential, filed, known or unknown, fixed or 

contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, 

liabilities, rights, causes of action, contracts or agreements, extracontractual claims, 

damages, punitive, exemplary or multiplied damages, expenses, costs, attorneys’ fees 

and or obligations (including “Unknown Claims,” as defined in the Settlement 

Agreement), whether in law or in equity, accrued or unaccrued, direct, individual or 

representative, of every nature and description whatsoever, whether based on the 

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VRPA or other federal, state, local, statutory or common law or any other law, rule or 

regulation, against the Released Parties, or any of them, arising out of any facts, 

transactions, events, matters, occurrences, acts, disclosures, statements, 

representations, omissions or failures to act regarding the alleged disclosure of the 

Settlement Class Members’ magazine subscription information, including all claims that 

were brought or could have been brought in the Action. 

g. Finding that the above release of claims and the Settlement 

Agreement will be binding on, and will have res judicata and preclusive effect on, all 

pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff 

and all other Settlement Class Members and Releasing Parties. 

h. Permanently barring and enjoining all Settlement Class Members 

from filing, commencing, prosecuting, intervening in, or participating (as class members 

or otherwise) in any lawsuit or other action in any jurisdiction based on or arising out of 

any of the Released Claims. 

i. Finding that all payments made to Settlement Class Members 

pursuant to the Settlement Agreement that are not cashed within ninety (90) days of 

issuance shall revert to the Michigan Bar Foundation’s Access to Justice Fund, which 

the Court approves as an appropriate cy pres recipient. 

j. Finding that the Parties, without further approval from the Court, are 

hereby permitted to agree to and adopt such amendments, modifications and 

expansions of the Settlement Agreement and its implementing documents (including all 

exhibits to the Settlement Agreement) so long as they are consistent in all material 

respects with this Final Judgment, the Court’s order granting final approval to the Class 

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Action Settlement Agreement, and do not limit the rights of Settlement Class Members. 

k. Without affecting the finality of this Final Judgment for purposes of 

appeal, finding that until the Effective Date, the Court shall retain jurisdiction over all 

matters relating to administration, consummation, enforcement, and interpretation of the 

Settlement Agreement. 

l. Directing entry of this Final Judgment pursuant to Federal Rule of 

Civil Procedure 58 based upon the Court’s finding that there is no just reason for delay 

of enforcement or appeal of this Final Judgment. 

IT IS SO STIPULATED. 

Date: October 25, 2016 Respectfully submitted, 

 /s/ Benjamin S. Thomassen 

 One of Plaintiff’s attorneys 

 

Ari J. Scharg 

ascharg@edelson.com 

Benjamin S. Thomassen 

bthomassen@edelson.com 

EDELSON PC 

350 North LaSalle Street, Suite 1300 

Chicago, Illinois 60654 

Tel: 312.589.6370 

Fax: 312.589.6378 

 

Henry M. Scharg – P28804 

hmsattyatlaw@aol.com 

LAW OFFICE OF HENRY M. SCHARG

718 Ford Building 

Detroit, Michigan 48226 

Tel: 248.596.1111 

Fax: 248.671.0335 

 

Counsel for Plaintiffs and the putative Class 

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Date: October 25, 2016 Respectfully submitted, 

/s/ Anthony T. Eliseuson 

One of Defendant’s attorneys 

Natalie J. Spears 

Anthony T. Eliseuson 

Kristen C. Rodriguez 

DENTONS US LLP 

233 South Wacker Drive 

Suite 7800 

Chicago, IL 60606 

(312) 876-8000 

(312) 876-7934 (fax) 

natalie.spears@dentons.com 

anthony.eliseuson@dentons.com 

kristen.rodriguez@dentons.com 

Peter B. Kupelian (P31812) 

Carol G. Schley (P51301) 

CLARK HILL PLC 

500 Woodward Avenue, Suite 3500 

Detroit, MI 48226 

pkupelian@clarkhill.com 

cschley@clarkhill.com 

 

 S/Robert H. Cleland 

 ROBERT H. CLELAND 

 UNITED STATES DISTRICT JUDGE 

Dated: October 25, 2016 

I hereby certify that a copy of the foregoing document was mailed to counsel of record 

and/or pro se parties on this date, October 25, 2016, by electronic and/or ordinary mail. 

 S/Lisa Wagner 

 Case Manager and Deputy Clerk 

 (313) 234-5522 

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