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Fulton-Green v. Accolade, Inc.

United States District Court, E.D. Pennsylvania

September 23, 2019

TASHICA FULTON-GREEN and DANIEL CREVAK, on behalf of themselves and all others similarly situated, Plaintiffs
v.
ACCOLADE, INC., Defendant

          ORDER

          GENE E.K. PRATTER, United States District Judge.

         AND NOW, this 23rd day of September, 2019, upon consideration of the Motion for Final Approval of Class Action Settlement (Doc. No. 33), Plaintiffs' Motion for Attorneys' Fees (Doc. No. 32), Plaintiffs' Supplement Declaration of Cameron R. Azari, Esq. (Doc. No. 36), and a Final Approval Hearing held on July 24, 2019, it is ORDERED that the Motion for Final Approval of Class Action Settlement (Doc. No. 33) is GRANTED and Plaintiffs' Motion for Attorneys' Fees (Doc. No. 32) is GRANTED. Furthermore, the Court makes the following findings, as more fully outlined in the accompanying memorandum of law:

         1. The settlement involves allegations in Plaintiffs' First Amended Class Action Complaint that Accolade failed to safeguard and protect the personally-identifiable information of its employees and that this alleged failure caused injuries to Plaintiffs and the Class.

         2. The settlement does not constitute an admission of liability by Accolade, and the Court expressly does not make any finding of liability or wrongdoing by Accolade.

         3. Unless otherwise noted, words spelled in this Order with initial capital letters have the same meaning as set forth in the Settlement Agreement.

         4. On January 23, 2019 the Court entered a Preliminary Approval Order which among other things: (a) provisionally certified a class in this matter, including defining the class, appointed Plaintiffs as Settlement Class Representatives, and appointed Class Counsel; (b) preliminarily approved the Settlement; (c) approved the form and manner of notice to the Settlement Class under the Notice Program set forth in the Settlement Agreement; (d) set deadlines for opt-outs and objections; (e) approved and appointed the Claims Administrator; and (f) set the date for the Final Approval Hearing.

         5. In the Preliminary Approval Order, pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3), for settlement purposes only, the Court certified the Settlement Class, defined as follows:

All current and former Accolade employees whose W-2 data was compromised as a result of the Data Disclosure which occurred on or about January 17, 2017.

         Excluded from the Settlement Class are (i) all Persons who timely and validly request exclusion from the Settlement Class in accordance with the opt-out procedures set forth in the Settlement Agreement; and (ii) any Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Disclosure or who pleads nolo contendere to any such charge.

         6. The Court, having reviewed the terms of the Settlement Agreement submitted by the parties pursuant to Federal Rule of Civil Procedure 23(e)(2), grants final approval of the Settlement Agreement and defines the Settlement Class as defined therein and in the Preliminary Approval Order, and finds that the settlement is fair, reasonable, and adequate and meets the requirements of Federal Rule of Civil Procedure 23.

         7. The Settlement Agreement provides, in part, and subject to a more detailed description of the settlement terms in that Agreement, for:

a. A process for Settlement Class Members to submit claims for compensation as that will be evaluated by a Claims Administrator mutually agreed upon by Class Counsel and Defendant.
b. Defendant to pay all Notice and Claims Administration costs.
c. Defendant to pay the Court-approved amount for attorneys' fees, costs, and ...

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