1

UNOPPOUNITED 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 

PLAINTIFFS’ UNOPPOSED MOTION TO PRELIMINARILY

APPROVE CLASS ACTION SETTLEMENT; CERTIFY THE 

SETTLEMENT CLASS; APPOINT CLASS REPRESENTATIVES, 

CLASS COUNSEL, AND SETTLEMENT ADMINISTRATOR; APPROVE PROPOSED 

CLASS NOTICE AND SCHEDULE FINAL APPROVAL HEARING

Plaintiffs Simon Pfeifer, Isabel Botello, and Kari Whalen (collectively, “Plaintiffs”), by 

and through their undersigned counsel, respectfully move this Court for an Order under Federal 

Rule of Civil Procedure 23: (1) preliminarily approving the proposed class action Settlement on 

behalf of the Settlement Class Members according to the terms of the Settlement Agreement and 

Release between Plaintiffs and Defendant Loyola University of Chicago (“Loyola,” the 

“University” or “Defendant”), a copy of which is attached as Exhibit 1 to the Declaration of Ellen 

T. Noteware in Support of Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement 

which is filed herewith; (2) authorizing the transmission of notice of the proposed Settlement to 

the proposed Class of Loyola students enrolled during the Spring 2020 semester (See id. at Exhibits 

A and C; (3) provisionally certifying, for purposes of the Settlement only, the following Settlement 

Class:

Case: 1:20-cv-03116 Document #: 68 Filed: 08/01/23 Page 1 of 4 PageID #:4541
2

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 

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;

(4) preliminarily appointing Plaintiffs Simon Pfeifer, Isabel Botello, and Kari Whalen as 

Settlement Class Representatives; (5) preliminarily appointing the law firms of Berger Montague 

PC and Fegan Scott LLC as Class Counsel to act on behalf of the Settlement Class with respect to 

the Settlement; (6) approving the Parties’ proposed Settlement procedure, including approving the 

Parties’ selection of KCC Class Action Services LLC as Settlement Administrator and approving 

the Parties’ proposed schedule; ( (7) entering the proposed Order Preliminarily Approving the 

Proposed Settlement and Provisionally Certifying the Proposed Settlement Class, attached as 

Exhibit B to the Settlement Agreement, which is attached as Exhibit 1 to the Declaration of Ellen 

T. Noteware; and (7) scheduling a Final Approval Hearing of the proposed class action Settlement.

Dated: August 1, 2023 Respectfully submitted,

/s/Ellen T. Noteware

Ellen T. Noteware

BERGER MONTAGUE PC

1818 Market Street, Suite 3600

Philadelphia, PA 19103

Tel: (215) 875-3000

Email: enoteware@bm.net

Elizabeth A. Fegan

Fegan Scott LLC

150 S. Wacker Dr., 24th Floor

Chicago, IL 60606

Tel: (312) 741-1019

Email: beth@feganscott.com

Case: 1:20-cv-03116 Document #: 68 Filed: 08/01/23 Page 2 of 4 PageID #:4542
3

E. Michelle Drake

BERGER MONTAGUE PC

1229 Tyler Street NE, Suite 205

Minneapolis, MN 55413

Tel: (612) 594-5999

Email: emdrake@bm.net

Attorneys for Plaintiffs and the Class

Case: 1:20-cv-03116 Document #: 68 Filed: 08/01/23 Page 3 of 4 PageID #:4543
4

CERTIFICATE OF SERVICE

I, Ellen T. Noteware, an attorney, affirm that the foregoing Plaintiffs’ Motion for 

Preliminary Approval of Class Action Settlement was filed on August 1, 2023 on ECF, which 

automatically served all counsel of record.

Dated: August 1, 2023

/s/Ellen T. Noteware

Ellen T. Noteware

Case: 1:20-cv-03116 Document #: 68 Filed: 08/01/23 Page 4 of 4 PageID #:4544