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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

SIMON PFEIFER, ISABEL BOTELLO, and 

KARI WHALEN, Individually and on Behalf 

of All Others Similarly Situated,

Plaintiffs,

v.

LOYOLA UNIVERSITY OF CHICAGO,

Defendant.

Case No. 20-cv-03116 

Honorable Robert W. Gettleman 

FINAL APPROVAL ORDER

This matter, having come before the Court on the Class Representatives’ Motion for Final 

Approval of the proposed class action settlement with Defendant Loyola University of Chicago 

(“Defendant”), the Court having considered all papers filed and arguments made with respect to 

the settlement, and having provisionally certified the Settlement Class, and the Court, being fully 

advised finds that:

1. On January 23, 2024, the Court held a Final Approval Hearing, at which time the 

Parties were afforded the opportunity to be heard in support of or in opposition to the Settlement.

2. Certification for settlement purposes of the Settlement Class, as defined by the 

Settlement Agreement (ECF No. 68-2 at Exhibit 1) and the Preliminary Approval Order, is 

appropriate pursuant to Rule 23(a), and (b) of the Federal Rules of Civil Procedure.

3. Notice to the Settlement Class required by Fed. R. Civ. P. 23(e) has been provided 

in accordance with the Settlement Agreement and the Preliminary Approval Order. Such Notice 

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has been given in an adequate and sufficient manner, constitutes the best notice practicable under 

the circumstances, and satisfies Fed. R. Civ. P. 23(e) and due process.

4. The Settlement Agreement was arrived at as a result of arms’ length negotiations 

conducted in good faith by counsel for the Parties, and is supported by the Parties.

5. The Settlement, as set forth in the Settlement Agreement, is fair, reasonable, and 

adequate to the members of the Settlement Class, in light of the complexity, expense, and duration 

of litigation, and the risks involved in establishing liability, damages, and in maintaining the class 

action through trial and appeal. 

6. The relief provided in the Settlement constitutes fair value given in exchange for 

the release of claims. 

7. The Parties and each Class Member have irrevocably submitted to the exclusive 

jurisdiction of this Court for any suit, action, proceeding, or dispute arising out of the Settlement 

Agreement.

8. It is in the best interests of the Parties and the Settlement Class Members and 

consistent with principles of judicial economy that any dispute between any Settlement Class 

Member (including any dispute as to whether any person is a Settlement Class Member) and any 

Released Party, which in any way relates to the applicability or scope of the Settlement Agreement 

or the Final Approval Order, should be presented exclusively to this Court for resolution.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

9. This action is a class action against Defendant on behalf of consumers defined as 

follows: 

All students enrolled in any Loyola program who were assessed any tuition or Fees 

for the Spring 2020 semester, with the exception of (i) any person enrolled in 

online-only courses for the Spring 2020 semester, (ii) any person who withdrew 

from Loyola on or before March 17, 2020, (iii) any person who requested to block 

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the release of his/her Directory Information and has not agreed to remove that 

block; (iv) any person who properly executes and files a proper and timely opt-out 

request to be excluded from the Settlement Class; and (v) the legal representatives, 

successors, or assigns of any such excluded person.

10. The Settlement Agreement submitted by the Parties for the Settlement Class is 

finally approved pursuant to Rule 23(e) of the Federal Rules of Civil Procedure as fair, reasonable, 

and adequate and in the best interests of the Settlement Class. The Settlement Agreement shall 

therefore be deemed incorporated herein and the proposed settlement is finally approved and shall 

be consummated in accordance with the terms and provisions thereof, except as amended or 

clarified by any subsequent order issued by this Court.

11. This action is hereby dismissed on the merits, with prejudice and without costs.

12. As agreed by the Parties in the Settlement Agreement, upon the Effective Date, the 

Released Loyola Parties shall be released and discharged in accordance with the Settlement 

Agreement.

13. Each Settlement Class Member is permanently barred and enjoined from 

instituting, maintaining, or prosecuting, either directly or indirectly, any lawsuit that asserts 

Released Claims against the Released Loyola Parties, as those terms are defined in the Settlement 

Agreement, including by participating in any class action or other representative or collective 

proceeding that asserts Released Claims against the Released Loyola Parties.

14. Without affecting the finality of this judgment, the Court hereby reserves and 

retains jurisdiction over this settlement, including the administration and consummation of the 

settlement. In addition, without affecting the finality of this judgment, the Court retains exclusive 

jurisdiction over Defendant and each member of the Settlement Class for any suit, action, 

proceeding or dispute arising out of or relating to this Order, the Settlement Agreement or the 

applicability of the Settlement Agreement. Without limiting the generality of the foregoing, any 

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dispute concerning the Settlement Agreement, including, but not limited to, any suit, action, 

arbitration or other proceeding by a Settlement Class Member in which the provisions of the 

Settlement Agreement are asserted as a defense in whole or in part to any claim or cause of action 

or otherwise raised as an objection, shall constitute a suit, action or proceeding arising out of or 

relating to this Order. Solely for purposes of such suit, action or proceeding, to the fullest extent 

possible under applicable law, the Parties hereto and all members of the Settlement Class are 

hereby deemed to have irrevocably waived and agreed not to assert, by way of motion, as a defense 

or otherwise, any claim or objection that they are not subject to the jurisdiction of this Court, or 

that this Court is, in any way, an improper venue or an inconvenient forum. However, Defendant 

expressly reserves and does not waive any jurisdictional defenses it may have over any claims not 

released by the Settlement Agreement.

15. Upon consideration of Class Counsel’s application for fees and costs, the Court 

awards $467,908.57 as reasonable attorneys’ fees and reimbursement for reasonable Litigation 

Expenses, to be paid from the Settlement Fund.

16. Upon consideration of the application for individual service award, each Class 

Representative is awarded $5,000.00 to be paid from the Settlement Fund, in consideration for the 

service performed for and on behalf of the Settlement Class.

17. The Settlement Administrator is approved for reimbursement of $56,669.35 in its 

out-of-pocket expenses in the administration of the Settlement, to be paid from the Settlement 

Fund.

18. The Parties’ distribution plan of payments to the Settlement Class as outlined in the 

Settlement Agreement, following the above-approved deductions, is approved for implementation. 

Should funds remain after all distributions are made, and the check negotiation period provided 

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for in the Settlement Agreement has passed, the Parties’ chosen cy pres, After School Matters, is 

approved for receiving such balance. 

19. The Court finds, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure,

that there is no just reason for delay, and directs the Clerk to enter final judgment. 

Date: __________________ 

Hon. Robert W. Gettleman

U.S. District Judge 

January 23, 2024

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