ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AND NOTICE TO SETTLEMENT CLASS MEMBERS

AMANDA ARNOLD SANSONE, Magistrate Judge.

The parties' request preliminary approval of the class action settlement entered in this action. (Doc. 92). After review and consideration of the Settlement Agreement, and having been fully advised in the premises, it is ORDERED as follows:

1. The Unopposed Motion for Preliminary Approval of Class Action Settlement and Notice to the Class (Doc. 92) is GRANTED.

2. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the settlement of this action, as embodied in the terms of the Settlement Agreement attached to the motion, is hereby preliminarily approved as a fair, reasonable, and adequate settlement of this case in the best interests of the Settlement Class in light of the factual, legal, practical, and procedural considerations raised by this case. The Settlement Agreement is incorporated by reference into this Order (with capitalized terms as set forth in the Settlement Agreement) and is hereby preliminarily adopted as an Order of this court.

3. Pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure, by stipulation of the parties, and for the purpose of settlement, the court hereby certifies the following class (the "Settlement Class"):

Excluded from the Settlement Class are Zurich American Insurance Company ("Zurich") and European Tile and Floors, Inc. ("European Tile"), any parent, subsidiary, affiliate or controlled person of Zurich or European Tile, the officers, directors, agents, servants or employees of Zurich or European Tile, and the judges and staff of the United States District Court for the Middle District of Florida. The parties expressly agreed to this Settlement Class definition for settlement purposes.

4. The court finds that certification for purposes of settlement is appropriate because (a) the class is so numerous that joinder of all members is impractical; (b) there are questions of law and fact common to the class and they predominate over any questions affecting only individual class members; (c) Robert A. Dalzell Inc.'s ("Dalzell") claims are typical of the claims of the class; (d) Dalzell and its attorneys will fairly and adequately protect the interests of the class; and (e) a class action is the superior means of resolving this controversy.

5. The court appoints Robert A. Dalzell, Inc. as the representative of the Settlement Class pursuant to Rule 23(a), and appoints Dalzell's attorneys (Phillip A. Bock of Bock, Hatch, Lewis & Oppenheim LLC, Ryan M. Kelly of Anderson + Wanca, and Michael C. Addison of Addison Law Office, P.A.) as Settlement Class Counsel pursuant to Rule 23(g).

6. By this order, the court hereby orders that Class Counsel retain a third party Claims Administrator to administer the settlement by providing notice to class members, maintaining the Settlement Website, assisting class members in completing and submitting forms, receiving claim forms submitted by class members and issuing checks to persons who submit an approved, valid and timely Proof of Claim.

7. The court finds that the Settlement Agreement's plan for class notice is the best notice practicable under the circumstances and satisfies the requirements of due process and Rule 23(e)(1) of the Federal Rules of Civil Procedure. That plan is approved and adopted. This court further finds that the Class Notice (attached to the Settlement Agreement as Exhibit 2), and the Claim Form included as part of the Class Notice, comply with Rule 23(e)(1) of the Federal Rules of Civil Procedure, are appropriate as part of the notice plan, and are approved and adopted. The court orders that the parties provide the notice to the Class as proposed by February 12, 2018.

8. The court sets deadlines and dates for the acts and events set forth in the Settlement Agreement and directs the parties to incorporate the deadlines and dates in the Class Notice:

ORDERED.