UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

BARBARA FORMAN, Individually and On Behalf of 

All Others Similarly Situated,

Plaintiff,

v.

MERIDIAN BIOSCIENCE, INC., JOHN A. 

KRAEUTLER, and MELISSA A. LUEKE

Defendants.

 Case No. 1:17-cv-00774-SJD

CLASS ACTION

Judge: Hon. Susan J. Dlott

LEAD PLAINTIFF’S MOTION FOR AN ORDER GRANTING PRELIMINARY

APPROVAL OF CLASS ACTION SETTLEMENT AND

DIRECTING DISSEMINATION OF NOTICE TO THE CLASS

Case: 1:17-cv-00774-SJD Doc #: 52 Filed: 09/05/19 Page: 1 of 4 PAGEID #: 521
PLEASE TAKE NOTICE that Court-appointed Lead Plaintiff Barbara Forman 

(“Plaintiff”), on behalf of herself and all other members of the proposed settlement class, through 

Court-approved Lead Counsel Levi & Korsinsky, LLP, hereby moves this Court for an order, 

pursuant to Federal Rules of Civil Procedure 23(a), (b)(3), and (e): (a) preliminarily certifying the 

Settlement Class for settlement purposes only; (b) preliminarily approving the Plan of Allocation 

as fair, reasonable and adequate; (c) approving the form and method of giving notice to the 

Settlement Class, as provided in the Stipulation; and (d) scheduling a Final Approval Hearing to 

determine whether the proposed Settlement, the Plan of Allocation, and Plaintiff’s Counsel’s 

request for attorneys’ fees and reimbursement of expenses should be finally approved as fair, 

reasonable and adequate. Defendants do not oppose the relief requested in this motion.1

This motion is based on the accompanying Memorandum of Law in Support of Lead

Plaintiff’s Unopposed Motion for an Order Granting Preliminary Approval of Class Action 

Settlement and Directing Dissemination of Notice to the Class and the Declaration of Shannon L. 

Hopkins, dated September 5, 2019, with annexed exhibits, filed herewith.

A [PROPOSED] Order Granting Preliminary Approval of Settlement and Directing 

Dissemination of Notice to Settlement Class is also submitted herewith.

Dated: September 5, 2019 Respectfully submitted,

/s/Shannon L. Hopkins

LEVI & KORSINSKY, LLP

Shannon L. Hopkins (admitted pro hac vice)

Sebastian Tornatore (admitted pro hac vice)

1111 Summer street, Suite 403

Stamford, CT 06905

Tel.: (203) 992-4523

Fax: (212) 363-7171

 

1 At this is Lead Plaintiff’s Motion, the statements, arguments, and characterizations contained 

herein are those of Lead Plaintiff only. Defendants do not oppose preliminary approval of the 

Settlement or preliminary certification of the Class for settlement purposes only.

Case: 1:17-cv-00774-SJD Doc #: 52 Filed: 09/05/19 Page: 2 of 4 PAGEID #: 522
Email: shopkins@zlk.com

Email: stornatore@zlk.com

James R. Cummins (0000861)

CUMMINS LAW LLC

312 Walnut Street, Suite 1530

Cincinnati, Ohio 45202

Tel.: (513) 721-9000

Fax: (513) 721-9001

Email: jcummins@cumminslaw.us

Counsel for Plaintiff Barbara Forman

Case: 1:17-cv-00774-SJD Doc #: 52 Filed: 09/05/19 Page: 3 of 4 PAGEID #: 523
CERTIFICATE OF SERVICE

I certify that on September 5, 2019, I filed Plaintiff’s MOTION FOR AN ORDER 

GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND 

DIRECTING DISSEMINATION OF NOTICE TO THE CLASS with the Clerk of Court using 

the CM/ECF system, which will send notice to all counsel of record.

/s/Shannon L. Hopkins

Shannon L. Hopkins

Case: 1:17-cv-00774-SJD Doc #: 52 Filed: 09/05/19 Page: 4 of 4 PAGEID #: 524