United States District Court, E.D. Pennsylvania
TASHICA FULTON-GREEN and DANIEL CREVAK, on behalf of themselves and all others similarly situated, Plaintiffs
ACCOLADE, INC., Defendant
E.K. PRATTER, United States District Judge.
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:
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.
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.
Unless otherwise noted, words spelled in this Order with
initial capital letters have the same meaning as set forth in
the Settlement Agreement.
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.
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
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.
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.
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.
Settlement Agreement provides, in part, and subject to a more
detailed description of the settlement terms in that
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
b. Defendant to pay all Notice and Claims Administration
c. Defendant to pay the Court-approved amount for
attorneys' fees, costs, and ...