IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

KIMBERLY GREEN, CHERYL KILFOIL, 

HEATHER SINCLAIR, LISA DONOVAN, and 

MOLLY RAMIREZ, individually and on behalf 

of others similarly situated, 

Plaintiffs, 

v. 

RELIANCE STANDARD LIFE INSURANCE 

COMPANY, 

Defendant. 

 

No. 20-cv-03878 

Judge John F. Kness 

ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION FOR FINAL APPROVAL 

OF CLASS AND COLLECTIVE ACTION SETTLEMENT 

On October 14, 2021, the Court held a final fairness hearing and heard Plaintiffs’ 

unopposed motion for final approval of a class action. The Court has read and considered the 

Unopposed Motion for Final Approval of Class and Collective Action Settlement and Plaintiffs’ 

Petition for an Award of Attorney’s Fees and Litigation Expenses, and other related material 

submitted by Plaintiffs, has heard the Parties’ presentation at hearing on final approval, and is 

otherwise fully informed in the premises: 

 IT IS HEREBY ORDERED: 

1. Unless otherwise defined herein, all terms in this Order (the “Final Approval 

Order”) will have the same meaning as defined in the Collective and Class Action Settlement 

Agreement (“Settlement Agreement”). 

2. This Court has jurisdiction over the subject matter of this action and over all Parties 

to this action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1367, including all Settlement Class 

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Members, preliminarily certified by Order dated June 14, 2021 (ECF No. 43), and defined in the 

Settlement Agreement as: 

FLSA Settlement Class – All Named and Opt-in Plaintiffs and all persons identified in 

the mediation data produced by Defendant on January 15, 2021, who worked for Reliance 

Standard Life Insurance Company as a salaried, exempt STD Claims Examiner II and/or a 

salaried, exempt LTD Claims Examiner I, between November 9, 2017 and February 10, 

2021. 

Maine Settlement Class - All Named and Opt-in Plaintiffs who worked for Defendant in 

Maine and all persons identified in the mediation data produced by Defendant on January 

15, 2021, who worked for Reliance Standard Life Insurance Company in Maine as a 

salaried, exempt STD Claims Examiner II and/or a salaried, exempt LTD Claims Examiner 

I between July 1, 2014 and February 10, 2021. 

3. Pursuant to Rule 23, the Court confirms as final its certification of the Maine 

Settlement Class for settlement purposes based on the findings in the Preliminary Approval Order 

and in the absence of any objections from Settlement Class Members to such certification. 

4. Two Maine Settlement Class Members timely requested exclusion from the 

Settlement: Jonathan Bassett and Caryn Remick are excluded from the Maine Settlement Class. 

5. Pursuant to Rule 23(e)(2), this Court hereby grants the Motion for Final Approval 

of Class and Collective Action Settlement and finally approves the Settlement Agreement as set 

forth therein. The Court finds that the Settlement memorialized in the Settlement Agreement, and 

filed with the Court, is fair, reasonable, and adequate, and in the best interests of the Settlement 

Class Members. The Court finds that: (a) the Class Representatives and Class Counsel, who have 

significant experience representing parties in complex wage and hour class actions, have 

adequately represented the Settlement Class Members; (b) the Settlement was reached pursuant to 

arm’s-length negotiations between the parties with the assistance of a mediator; (c); the parties 

have shown that the Gross Settlement Amount of $925,000.00 set forth in the Settlement 

Agreement is adequate when considering (i) the costs, risks, and delay of trial and appeal, (ii) the 

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method for distributing relief to the Settlement Class Members, including the method for 

processing the Settlement Class Members’ claims, was effective, with there being no objections to 

the Settlement from any of the Settlement Class Members (iii) the attorneys’ fees awarded to Class 

Counsel, including the timing of payment, are fair (iv) the terms of the Settlement Agreement have 

been properly identified; (d) and the Settlement treats all Settlement Class Members equitably 

relative to each other. 

6. Pursuant to 29 U.S.C. § 216(b), the Court approves the FLSA Settlement and 

certifies the collective class under the FLSA. The Court further finds that with regard to the Fair 

Labor Standards Act (“FLSA”) claims in the case, the proposed settlement is a fair and reasonable 

resolution of a bona fide dispute. In particular, the Court finds the proposed settlement fair and 

reasonable in light of the complexity, expense, and likely duration of continued litigation; the stage 

of the proceedings; the risks of establishing liability and/or damages; the risks of maintaining the 

Action through the trial; the reasonableness of the settlement fund in light of the best possible 

recovery; and the reasonableness of the settlement fund in light of all the risks of litigation. 

7. All FLSA Settlement Class Members’ Settlement Checks shall contain a limited 

endorsement on the back of the check as provided in the Settlement Agreement. A FLSA 

Settlement Class Member’s endorsement on the Settlement Check will act as a properly filed 

Consent to join the FLSA claims in this lawsuit and an agreement to be bound by the Settlement. 

8. The Court approves the release of claims set forth in Section III.2 of the Settlement 

Agreement. The Release for Maine Settlement Class Members shall not apply to the two Maine 

Settlement Class Members who timely requested exclusion from the Settlement. 

9. The Court confirms as final the appointment of Douglas M. Werman and Maureen 

A. Salas of Werman Salas P.C., Jack Siegel of Siegel Law Group PLLC, and Travis Hedgpeth of 

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the Hedgpeth Law Firm, PC as class counsel for the Class Members pursuant to Federal Rule of 

Civil Procedure 23. 

10. The Court finds that the Notice of Settlement that was distributed to Settlement 

Class Members pursuant to the Preliminary Approval Order constituted the best notice practicable 

under the circumstances, was accomplished in all material respects, and fully met the requirements 

of Rule 23, the Fair Labor Standards Act, and due process. 

11. The Court finds that Class Members’ reaction to the settlement was positive. No 

Class Member objected to the Settlement. 

12. The Court finds that the proposed plan of allocation is rationally related to the 

relative strengths and weaknesses of the respective claims asserted. The mechanisms and 

procedures set forth in the Agreement by which payments are to be calculated and made to Maine 

Settlement Class Members who did not timely opt out and to all FLSA Class Members are fair, 

reasonable and adequate, and the Settlement Administrator shall issue Settlement Checks to Class 

Members consistent with allocation described in Section III.8 of the Settlement Agreement. 

13. The Parties are directed to perform the obligations set forth in the Settlement 

Agreement, and the Court expressly adopts and incorporates herein all the terms of the Settlement 

Agreement (ECF No. 38-1). 

14. Class Counsel’s request for attorneys’ fees in the amount of $323,750.00 and for 

litigation expenses in the amount of $10,695.14 is approved. 

15. The Court approves and find reasonable the following Service Awards: $5,000.00 

to each Class Representative and $1,000 to each Opt-in Plaintiff. These awards are in addition to 

the payments each individual will receive as his or her ratable share of the Net Settlement Amount 

as Settlement Class Members. 

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16. The Court approves and find reasonable the payment of the Settlement 

Administrator’s fees in the amount of $9,421 from the Gross Settlement Amount. 

17. Pursuant to Section III.7 of the Settlement Agreement, Defendant is hereby ordered 

to deposit the Gross Settlement Amount into the Qualified Settlement Fund established by the 

Settlement Administrator by no later than 38 days after entry of this Order. Defendant shall deposit 

the employer’s share of applicable payroll taxes into the Qualified Settlement Fund at the same 

time it deposits the Gross Settlement Amount into the Qualified Settlement Fund. 

18. This Action is dismissed without prejudice. The dismissal without prejudice will 

convert to a dismissal with prejudice sixty days after Defendant has fully funded the Qualified 

Settlement Fund with the Gross Settlement Amount and the employer share of payroll taxes. 

19. The Court hereby enters Judgment approving the terms of the Settlement 

Agreement. This Order shall constitute a final judgment for purposes of Fed. R. Civ. P. 58. 

20. The Court retains jurisdiction over the Action for the purpose of interpreting, 

implementing, and enforcing the terms of the Settlement Agreement. 

SO ORDERED in No. 20-cv-03878. 

Date: October 14, 2021 

 JOHN F. KNESS 

 United States District Judge 

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