107542 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

Stanford Glaberson, et. al, 

 Plaintiffs, 

 v. 

Comcast Corporation, et al. 

 Defendants. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

Civ. No. 03-6604 (JP) 

The Honorable John R. Padova 

PLAINTIFF’S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 

 Pursuant to Rules 23(e) and 54 of the Federal Rules of Civil Procedure, Plaintiff Stanford 

Glaberson moves the Court for the entry of Final Judgment: (a) finally approving the proposed 

settlement of this action set forth in the Class Action Settlement Agreement (the “Settlement”) 

(ECF No. 608-2) and (b) dismissing this case with prejudice against Defendants according to the 

terms of the Settlement. 

 This Motion, supported by Plaintiff’s Memorandum in Support of Final Approval of 

Class Action Settlement, the Declaration of Katherine Kinsella Regarding Implementation of 

Class Notice Plan, the Declaration of Joel Botzet Regarding Notification and Administration 

Services and the Declaration of Christine McGinty, and further based on all papers and records 

filed in this matter, is made on the following grounds: 

 1. As set forth in the Court’s December 12, 2014 Order-Memorandum, ECF No. 614 

(“Preliminary Approval Order”), the Philadelphia Settlement Class, as defined in the Settlement 

Agreement, meets the requirements of Rule 23(a) and Rule 23(b)(3). 

 2. The Settlement is entitled to an initial presumption of fairness because the 

settlement negotiations were undertaken at arm’s-length by experienced counsel who entered 

into the negotiations following extensive discovery into the facts of the case and no member of 

Case 2:03-cv-06604-JP Document 621 Filed 05/11/15 Page 1 of 4
2 

the Settlement Class has objected to date. In re Cendant Corp. Litig., 264 F.3d 201, 232 n.18 (3d 

Cir. 2001); In re Warfarin Sodium Antitrust Litig., 391 F.3d 516, 535 (3d Cir. 2004). 

 3. The Settlement is fair, reasonable and adequate, and the nine Girsh factors and 

relevant Prudential factors strongly support approval. Girsh v. Jepson, 521 F.2d 153, 156-157 

(3d Cir. 1975); In re Prudential Ins. Co. Am. Sales Practice Litig. Agent Actions, 148 F.3d 283, 

323 (3d Cir. 1998). Among other things, the Settlement is fair, reasonable and adequate given the 

complexity, expense, and likely duration of the litigation, the stage of the proceedings, and the 

costs and risks involved in the litigation. Class Members’ reaction to date has been positive. 

 4. Pursuant to the multi-faceted notice plan set forth in the Court’s Preliminary 

Approval Order, which the Court found to be fair and reasonable and to comply with due process 

and Rule 23(c), the Settlement Class has been notified of the Settlement. 

 5. Pursuant to LR 7.1(b), the parties have conferred and Comcast’s counsel has 

advised Plaintiff’s counsel that Comcast does not contest this motion but intends to submit a 

brief response. 

 WHEREFORE, based on the foregoing, and for the reasons set forth in the accompanying 

memorandum and declarations, we respectfully urge the Court to grant Plaintiff’s Motion and 

enter the agreed upon proposed Final Judgment (attached to the Settlement Agreement as Exhibit 

H (ECF No. 608-2)). 

Dated: May 11, 2015 Respectfully submitted, 

s/ David Woodward 

Samuel D. Heins 

Vincent J Esades 

David Woodward 

Jessica N. Servais 

HEINS MILLS & OLSON, P.L.C. 

310 Clifton Avenue 

Case 2:03-cv-06604-JP Document 621 Filed 05/11/15 Page 2 of 4
3 

Minneapolis, Minnesota 55403 

Telephone: 612-338-4605 

Facsimile: 612-338-4692 

sheins@heinsmills.com 

vesades@heinsmills.com 

dwoodward@heinsmills.com 

jservais@heinsmills.com 

Barry Barnett 

LeElle Krompass 

SUSMAN GODFREY L.L.P. 

901 Main Street, Suite 5100 

Dallas, Texas 75202-3775 

Telephone: 214-754-1900 

Facsimile: 214-754-1933 

bbarnett@susmangodfrey.com 

lkrompass@susmangodfrey.com 

Joseph Goldberg 

FREEDMAN BOYD HOLLANDER

GOLDBERG URIAS & WARD, P.A. 

20 First Plaza, Suite 700 

Albuquerque, New Mexico 87102 

Telephone: 505-842-9960 

Facsimile: 505-842-0761 

jg@fbdlaw.com 

Attorneys for Plaintiff Stanford 

Glaberson and the Settlement Class 

 

Case 2:03-cv-06604-JP Document 621 Filed 05/11/15 Page 3 of 4
4 

CERTIFICATE OF CONFERENCE 

 Alycia Regan Benenati, counsel for Comcast, has advised that Comcast does not contest 

this motion but intends to submit a brief response. 

 

 s/ David Woodward

 David Woodward 

CERTIFICATE OF SERVICE 

 The undersigned attorney certifies that on this day, May 11, 2015, he caused to be served 

copies of the foregoing Motion; Plaintiff’s Memorandum in Support of Motion for Final 

Approval of Class Action Settlement, Declaration of Katherine Kinsella Regarding 

Implementation of Class Notice Plan, Declaration of Joel Botzet Regarding Notification and 

Administration Services and Declaration of Christine McGinty on the following counsel by the 

Court’s ECF system. 

Sheron Korpus 

KASOWITZ, BENSON, TORRES & 

FRIEDMAN LLP 

1633 Broadway 

New York, NY 10019 

N. Norman Goldberger 

BALLARD SPAHR ANDREWS & 

INGERSOLL LLP 

1735 Market Street, 51st Floor 

Philadelphia, PA 19103 

 Christopher Hockett 

DAVIS, POLK & WARDWELL 

1600 El Camino Real 

Menlo Park, CA 94025 

Dana M. Seshens 

DAVIS, POLK & WARDWELL 

450 Lexington Avenue 

New York, NY 10017 

 

 s/ David Woodward

Case 2:03-cv-06604-JP Document 621 Filed 05/11/15 Page 4 of 4