Groulx v. United Helpers Care, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
DENISE GROULX, individually and
for others similarly situated,
Plaintiff,
vs. 	8:23-CV-561
(MAD/DJS)
UNITED HELPERS CARE, INC.,
Defendant.
____________________________________________
APPEARANCES: 	OF COUNSEL:
JOSEPHSON DUNLAP LLP 	ANDREW DUNLAP, ESQ.
5847 San Felipe Street, Suite 2400 	MICHAEL JOSEPHSON, ESQ.
Houston, Texas 77057 	OLIVIA R. BEALE, ESQ.
Attorneys for Plaintiffs
KELLY LAW TEAM 	DAVID I. IVERSEN, ESQ.
1 East Washington Street, Suite 1520
Phoenix, Arizona 85004
Attorney for Plaintiffs
ANDERSON ALEXANDER, PLLC 	WILLIAM CLIFTON ALEXANDER,
101 North Shoreline Boulevard, Suite 610 	ESQ.
Corpus Christi, Texas 78401 	AUSTIN W. ANDERSON, ESQ.
Attorneys for Plaintiffs 	CARTER T. HASTINGS, ESQ.
LAUREL EMPLOYMENT LAW APC 	WILLIAM M. HOGG, ESQ.
808 Wilshire Boulevard, Suite 200
Santa Monica, California 90401
Attorney for Plaintiffs
BRUCKNER BURCH PLLC 	RICHARD J. BURCH, ESQ.
11 Greenway Plaza, Suite 3025
Houston, Texas 77046
Attorney for Plaintiffs
LEE JACOBS & ASSOCIATES LLC 	LEE N. JACOBS, ESQ.
97 Newkirk Street, Suite 207
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Jersey City, New Jersey 07306
Attorney for Defendant
BARCLAY DAMON LLP 	ROBERT J. THORPE, ESQ.
Barclay Damon Tower 	ROSS M. GREENKY, ESQ.
125 East Jefferson Street
Syracuse, New York 13202
Attorneys for Defendant
Mae A. D'Agostino, U.S. District Judge:
FINAL APPROVAL ORDER AND JUDGMENT GRANTING PLAINTIFFS'
UNOPPOSED MOTION FOR FINAL APPROVAL OF SETTLEMENT
WHEREAS, on November 17, 2025, this Court entered an order granting preliminary
approval (the "Preliminary Approval Order") (Dkt. No. 65) of the Settlement between (a) Denise
Groulx, individually and on behalf of others similarly situated ("Plaintiffs" or the "Rule 23
Settlement Class and FLSA Collective"); and (b) Defendant United Helpers Care, Inc.
("Defendant") (collectively, the "Parties");
WHEREAS, pursuant to the notice requirements set forth in the Settlement and in the
Preliminary Approval Order, Plaintiffs were apprised of the nature and pendency of the action,
the terms of the Settlement, and their rights to object, request exclusion, and/or appear at the Final
Approval Hearing;
WHEREAS, this matter is before the Court on Plaintiffs' unopposed Motion for Final
Approval of Settlement (Dkt. No. 66);
WHEREAS, on March 24, 2026, the Court held a Final Approval Hearing to determine,
inter alia, whether the Settlement's terms are fair, reasonable, and adequate; whether certification
of the Rule 23 Settlement Class and FLSA Collective is proper; and whether the requested
attorneys' fees and expenses are reasonable;
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NOW, THEREFORE, having given an opportunity to be heard to all requesting persons
in accordance with the Preliminary Approval Order; having reviewed all of the submissions
presented with respect to the proposed Settlement; having determined that the Settlement is fair,
adequate, and reasonable; having considered the motion made by class counsel for attorneys' fees
and expenses; and having reviewed the materials in support thereof, and good cause appearing,
for the reasons set forth by the Parties, as well as the reasons articulated by the Court herein and
on the record at the Final Approval Hearing, IT IS HEREBY ORDERED that:
1. 	The Settlement and all of its exhibits (as filed with the Court) are
incorporated in this Final Order and Judgment, including the definitions and terms set
forth in the Settlement.
2. 	The Court GRANTS final approval of the terms and conditions contained in the
Settlement, which are both procedurally and substantively fair. See F ED. R. C IV. P. 23(e); City of
Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974) (listing nine factors to guide courts in
determining fairness of a settlement: "(1) the complexity, expense and likely duration of the
litigation"; "(2) the reaction of the class to the settlement"; "(3) the stage of the proceedings and
the amount of discovery completed"; "(4) the risks of establishing liability"; "(5) the risks of
establishing damages"; "(6) the risks of maintaining the class action through the trial"; "(7) the
ability of the defendants to withstand a greater judgment"; "(8) the range of reasonableness of the
settlement fund in light of the best possible recovery"; and "(9) the range of reasonableness of the
settlement fund to a possible recovery in light of all the attendant risks of litigation") (citations
omitted).
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3. 	The Court ORDERS that certification of the Rule 23 Settlement Class and FLSA
Collective is proper.
4. 	The Court ORDERS the Parties to carry out all of the remaining and applicable
terms of the Settlement.
5. 	The Court APPROVES the attorneys' and Settlement administrator's fees and
costs.
6. 	The Court APPROVES the service award to Plaintiff Groulx.
7. 	The Court DISMISSES this action with prejudice, subject to the terms of the
Settlement.
8. 	Pursuant to the All Writs Act, 28 U.S.C. § 1651, this Court shall retain the
authority to issue any order necessary to protect its jurisdiction from any action, whether in state
or federal court.
9. 	Without affecting the finality of this Final Approval Order and Judgment, the
Court will retain exclusive jurisdiction over the subject matter and the Parties with respect to the
interpretation and implementation of the Settlement for all purposes, including enforcement of its
terms at the request of any party, and resolution of any disputes that may arise relating in any way
to the implementation of the Settlement or the implementation of this Final Approval Order and
Judgment.
IT IS SO ORDERED.
Dated: March 27, 2026
Albany, New York
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