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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF NEW YORK
`(ROCHESTER DIVISION)
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`MEGAN HOLVE, individually and on behalf
`of all others similarly situated,
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`Plaintiff,
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`– against –
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`Civil Action No. 6:16-cv-06702-FPG
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`MCCORMICK & COMPANY, INC.,
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`Defendant.
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`NOTICE OF MOTION AND UNOPPOSED MOTION FOR
`PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
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`PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 23(e) and
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`Western District of New York Local Rule 7, Plaintiff Megan Holve, (“Plaintiff”), on behalf of
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`herself and all others similarly situated, hereby does move this Court for an order granting
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`preliminary approval of the class action Settlement reached between her and Defendant
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`McCormick & Company, Inc. (“Defendant” or “McCormick”) (collectively, the “Parties”), and to
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`enter the [Proposed] Order Granting Plaintiff’s Unopposed Motion for Preliminary Approval of
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`Class Action Settlement submitted with this notice of motion.
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`Preliminary Approval is warranted because the terms of the proposed Settlement are fair,
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`adequate, and reasonable under the law of the Second Circuit and the Federal Rules of Civil
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`Procedure, and provide substantial relief for the Settlement Class. Given the significant risks
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`inherent in this Action, this common fund settlement in the amount of $3,000,000, consisting of:
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`(a) cash payments to Settlement Class Members and (b) injunctive relief in the form of labeling
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`and advertising changes, is an excellent result for Settlement Class Members.
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`Plaintiff hereby moves, and Defendant does not oppose a request for the Court to (1)
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`preliminarily approve the Class Action Settlement as being within the range of a fair, adequate,
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`and reasonable Settlement; (2) provisionally certify for settlement purposes only the proposed
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`1
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`Case 6:16-cv-06702-FPG-MJP Document 45 Filed 05/07/21 Page 2 of 3
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`Settlement Class pursuant to Fed. R. Civ. P. 23; (3) appoint Plaintiff as Class Representative; (4)
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`approve the Notice Program set forth in the Settlement Agreement and approve the form and
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`content of the Notice, attached to the Settlement Agreement as Exhibit B; (5) approve the opt-out
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`and objection procedures set forth in the Agreement; (6) stay the Action against Defendant pending
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`Final Approval of Settlement; (7) appoint Reese, LLP and Eggnatz Pascucci, P.A. as Class
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`Counsel; and (8) schedule a Final Approval Hearing.
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`This unopposed Motion is based upon this Notice of Motion; the Memorandum of Points
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`and Authorities; the Joint Declaration of Class Counsel; the Declaration of Steven Weisbrot of
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`Angeion Group LLC attached as Exhibit C to the Settlement Agreement; the Settlement
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`Agreement and exhibits submitted therewith; and, all papers and pleadings on file herein.
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`Pursuant to Local Rule 7, Plaintiff states that she does not intend to file a reply in support
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`of this unopposed motion.
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`2
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`Case 6:16-cv-06702-FPG-MJP Document 45 Filed 05/07/21 Page 3 of 3
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`Dated: May 7, 2021
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`Respectfully submitted,
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`By: /s/ Michael R. Reese
`REESE LLP
`Michael R. Reese
`mreese@reesellp.com
`100 West 93rd Street, 16th Floor
`New York, New York 10025
`Telephone: (212) 643-0500
`Facsimile: (212) 253-4272
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`EGGNATZ PASCUCCI, P.A.
`Joshua H. Eggnatz
`jeggnatz@justiceearned.com
`7450 Griffin Road, Suite 230
`Davie, Florida 33314
`Telephone: (954) 889-3359
`Facsimile: (954) 889-5913
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`Counsel to Plaintiff and the putative Class
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`Proposed Co-Lead Class Counsel
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that on May 7, 2021, a true and correct copy of the foregoing was
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`electronically filed with the Clerk of the Court using CM/ECF. Copies of the foregoing document
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`will be served upon interested counsel via transmission of Notices of Electronic Filing generated
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`by CM/ECF.
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`By: /s/ Michael R. Reese
`REESE LLP
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