UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

RAY M. HARRISON, )

Individually and on behalf of others ) Case No. 09-12684

similarly situated )

Plaintiff, )

 ) Hon. John Corbett O’Meara

v. )

 ) 

FIRST INDEPENDENCE BANK, )

 )

Defendant. )

PRELIMINARY APPROVAL ORDER

 This matter coming before the Court on the joint request of the parties for preliminary 

approval of a Class Action Settlement Agreement and Release, and based upon the papers 

submitted to the Court and all of the proceedings had in this matter to date, IT IS HEREBY 

ORDERED: 

 1. Solely for purposes of settlement, the following Settlement Class is certified pursuant to 

Fed. R. Civ. P. 23(b)(3): All persons who, from July 9, 2008 to July 8, 2009, were charged a 

transaction fee for making withdrawal(s) from a personal (not business) account using the following 

automated teller machines operated by First Independence Bank: 

93361104 Greektown Branch - 400 Monroe - Detroit, MI 48226

9336Y002 Fishbones - 23722 Jefferson - St Clair Shrs, MI 48826

9336Y003 Holiday Inn Express - 1020 Washington - Detroit, MI 48226

9336Y007 Pegasus - 558 Monroe - Detroit, MI 48226

9336Y008 Stroh's - 300 Joseph Campau - Hamtramck, Mi 48207

9336Y010 U of D Dental School - 2700 MLK Jr Blvd - Detroit, MI 48208

9336Y011 Marquette Building - 243 W Congress - Detroit, MI 48226

9336Y015 U of D Law School - 651 E Jefferson - Detroit, MI 48207

93362202 Int'l Bldg 400 Monroe - 1St Floor Greektown - Detroit, MI 48226

93362206 Atheneum - 1000 Brush Ave - Detroit, MI 48226

93369001 Detroit Northwest Precinct - 11450 Warwick - Detroit, MI 48228

93362408 Motor City - 2901 Grand River Ave - Detroit, MI 48201

93362409 Motor City - 2901 Grand River Ave - Detroit, MI 48201

93362411 Motor City - 2901 Grand River Ave - Detroit, MI 48201

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93362412 Motor City - 2901 Grand River Ave - Detroit, MI 48201

93362413 Motor City - 2901 Grand River Ave - Detroit, MI 48201

93362414 Motor City - 2901 Grand River Ave - Detroit, MI 48201

 2. Based on the parties’ stipulations, and for settlement purposes only: (a) the class 

defined is sufficiently numerous such that joinder is impracticable; (b) common questions of law and 

fact predominate over any questions affecting only individual Class Members, and include whether or 

not the absence of an externally posted fee notice at the ATMs machine identified above violated 

the requirements of the Electronic Funds Transfer Act, 15 U.S.C. §1693 et seq.; (c) the claim of 

Plaintiff Ray M. Harrison is typical of the Class Members’ claims; (d) Plaintiff Ray M. Harrison is an 

appropriate and adequate representative for the Class and his attorney, Geoffrey Bestor, is hereby 

appointed as Class Counsel; and (e) a class action is the superior method for the fair and efficient 

adjudication of the claims of the Class Members. 

 3. The Court finds that the proposed settlement is within the range of fairness and 

reasonableness and grants preliminary approval to it. In the event that the proposed settlement is 

not finally approved for any reason, Defendant shall, pursuant to the Settlement Agreement, retain 

its right to contest certification of the Class and assert any other defenses that it may wish to raise, 

whether procedural or on the merits. 

 4. The Court approved the proposed forms of notice to the Class, and directs that notice be 

implemented in accordance with paragraph 2.5 of the Settlement Agreement. Class Counsel will file 

an affidavit with the Court, at least 5 business days prior to the Fairness Hearing, attesting that 

notice has been so given. 

 5. The Court finds that the notice proposed in paragraph 2.5 of the Settlement Agreement 

is the only notice to the Class Members that is required and further finds that such notice satisfies 

the requirements of due process and Fed. R. Civ. P. 23. 

 6. Class Members shall have forty five (45) days after today’s date to send in a claim form, 

opt out or object to the proposed Settlement Agreement. 

 7. Any Class Member who wants to receive a monetary portion of the Settlement Fund shall 

file a Claim Form, which will be available for download at www.ATMclasssettlement.com or by 

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contacting the Settlement Administrator or Class Counsel. To be timely, a Claim Form must be 

submitted on-line, or mailed to the Settlement Administrator and postmarked, within 45 days after 

today’s date. 

 8. Any Class Member who desires to exclude himself or herself from the Class shall not be 

bound by the Settlement and shall not be entitled to any of its benefits. To be timely, a request for 

exclusion must be sent to the Settlement Administrator and postmarked within 45 days of today’s 

date. To be effective, the request for exclusion must make clear that exclusion is sought by stating: 

“I WANT TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN RAY M. HARRISON V. 

FIRST INDEPENDENCE BANK.” The request for exclusion must also contain the excluded Class 

Member’s name, address and signature. 

 9. Any Class Member who objects to the Settlement contemplated by the Agreement shall 

have a right to appear and be heard at the Fairness Hearing provided that such Class Member files 

with the Court and delivers to Class Counsel and Defendant’s Counsel a written notice of objection 

together with a statement of reasons for objection, postmarked no later than 14 days before the 

Fairness Hearing. Class Counsel and Defendant’s Counsel may, but need not, respond to the 

objections, if any, by means of a memorandum of law no later than 5 days prior to the Fairness 

Hearing. 

 10. A Fairness Hearing on the fairness and reasonableness of the Settlement Agreement will 

be held before this Court on August 18, 2011 at 2:00 p.m. 

 SO ORDERED. 

Date: June 9, 2011 s/John Corbett O’Meara 

 United States District Judge 

 I hereby certify that a copy of this order was served upon counsel of record on this date, 

June 9, 2011 using the ECF system. 

 s/William Barkholz 

 Case Manager 

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