AVERETT et al v. METALWORKING LUBRICANTS CO.
| TEAH AVERETT, CINDY MALLESS, EUGENE PARSLEY, REBECCA PARSLEY and CRYSTAL WHALEN |
| METALWORKING LUBRICANTS CO. |
| 1:2015cv01509 |
| September 25, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Torts to Land |
| Plaintiff |
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Filing
93
ORDER - Plaintiffs Teah Averett, Cindy Malless, Eugene Parsley, Rebecca Parsley, and Crystal Whalen, on behalf of themselves and all others similarly situated, assert public nuisance, private nuisance, negligence, and gross negligence claims again st Defendant Metalworking Lubricants Co. ("Metalworking") related to the alleged emission of noxious odors from Metalworking's Indianapolis facility. Plaintiffs rent or own property near Metalworking's facility, and brought thi s case as a putative class action on behalf of "[a]ll owner/occupants and renters of residential property residing within one and one-half (1.5) miles of the facility's property boundary." [Filing No. 8 at 7.] In sum, the Court OV ERRULES Ms. Van Pelt's Objection to the class action settlement, and GRANTS Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement, Certification of Settlement Class, and Appointment of Class Representatives and Class Counsel, [Filing No. 89 ], and Unopposed Motion for Award of Attorneys' Fees, Reimbursement of Litigation Costs, and Service Awards for the Class Representatives, [Filing No. 90 ], to the extent that the Court: FINALLY APPROVES the Settlem ent Agreement; FINALLY CERTIFIES the class defined above; APPOINTS the Named Plaintiffs as class representatives; APPOINTS Liddle & Dubin, P.C. and Yosha, Cook and Tisch as class counsel; and AWARDS $223,145.29 in attorneys' fees and � 36;63,802.13 in costs, and a service award of $2,000 for each Named Plaintiff, all to be paid from the$750,000 settlement fund. This matter is DISMISSED WITH PREJUDICE and without fees, costs or disbursements to any party, except as prov ided in the Settlement Agreement and this Order as to Plaintiffs' counsel's fees and costs and the service awards to the Named Plaintiffs. Final judgment shall enter accordingly. (See Order). Copy to Kristine Van Pelt via US Mail. Signed by Judge Jane Magnus-Stinson on 9/27/2017. (APD)
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Filing
75
ORDER - For the foregoing reasons, the Court GRANTS IN PART Metalworking's Motion for Partial Summary Judgment, 60 , to the extent that Ms. Averett and Ms. Malless may not seek damages related to their claims which were incurred before they rec eived discharges in their bankruptcy proceedings. Ms. Averett and Ms. Malless will remain parties to this action, but may only proceed with their claims on this limited basis. No partial judgment shall enter. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 2/3/2017. (JRB)
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