In Re Experian Data Breach Litigation, No. 8:2015cv01592 - Document 329 (C.D. Cal. 2019)
Court Description: FINAL JUDGMENT by Judge Andrew J. Guilford. This Judgment incorporates the definitions in the Settlement Agreement and Release entered in this action ("Settlement," Dkt. 285) and follows the Court's Order granting final approval to that Settlement ("Final Approval Order," Dkt. 322). 6. For the reasons set forth in the Final Approval Order, Class Counsel are awarded attorneys' fees in the amount of $10.5 million, and reimbursement of Litigation Costs in the amount of $152,854.28, such amounts to be paid from out of the Settlement Fund in accordance with the terms of the Settlement. Of the Settlement Fund, $2,500 may be paid to each of the Class Representatives as a Service Award. (See document for further details) (MD JS-6, Case Terminated). (es)
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In Re Experian Data Breach Litigation Doc. 329 1 2 3 JS-6 4 5 6 7 8 9 10 11 12 13 14 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION IN RE EXPERIAN DATA BREACH LITIGATION Case No. 8:15-cv-01592 AG (DFMx) Hon. Andrew J. Guilford FINAL JUDGMENT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 FINAL JUDGMENT Dockets.Justia.com FINAL JUDGMENT 1 2 1. 3 This Judgment incorporates the definitions in the Settlement Agreement 4 and Release entered in this action (“Settlement,” Dkt. 285) and follows the Court’s 5 Order granting final approval to that Settlement (“Final Approval Order,” Dkt. 322). 2. 6 All Parties to this Action, and all Settlement Class Members, are bound 7 by the Settlement and this Judgment. Excluded Persons identified in Exhibit 1 are 8 no longer parties to this Action, are not members of the Settlement Class, and are not 9 bound by the Settlement or this Judgment. 3. 10 Judgment shall be, and hereby is, entered dismissing the Action with 11 prejudice, on the merits, without costs to any party except as provided in the Final 12 Approval Order. 4. 13 The Class Representatives,1 all Settlement Class Members, and each of 14 their respective spouses, children, heirs, associates, co-owners, attorneys, agents, 15 administrators, 16 representatives of any kind, shareholders, partners, directors, employees or affiliates 17 (collectively, “Releasing Parties”), have released the Defendants and each of the 18 Released Parties2 from any and all claims or causes of action of every kind and 19 20 21 22 23 24 25 26 27 28 executors, devisees, predecessors, successors, assignees, Class Representatives include Stephen Allen, Richard Parks, Ryan Hamre, Joshua Gonzales, Gwendolyn Crump, Elleen Brazzle, Melissa Merry, Francisco Ojeda, Nora Bohannon, Gregary and Kashia Johnson, David Ciano, Bradford Daghita, Alison Cochran, Alice Dunscomb, Samantha Manganaris, Veronica Gillotte, David Brown, Stuart Zimmelman, Chris Shearer, Christiaan Mealey, Gregory Hertik, Allan Sommercorn, Kamil Kuklinski, Charles Yoo, Sergey Barbashov, Kathleen Alcorn, Mary Roberts, Tony George, Ryan Heitz, Gerardus Jansen, Lorenzo Jackson, Eban Liebig, Angelia Fennern, Charles Sallade, Cregan Smith, Giovanni Williams, Dipak Bhuta, Joseph Zubrzycki, Lucio Hernandez, Shivan Bassaw, Jennifer Looney, Darius Clark, Hunter Graham, Philip Popiel, John Reiser, Jennifer Brandabur, Perry Heath, David Lumb, Martha Cebrian-Vega, Mark and Daisy Hodson, Amjed Ababseh, Martha Schroeder, Jason Shafer, Nathanial Apan, and Jeffrey Gutschmidt. 2 As defined in the Settlement, “Released Parties” includes Defendants Experian Information Solutions, Inc. and Experian Holdings, Inc., and their respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, 1 2 FINAL JUDGMENT 1 description arising out of or related to the Data Breach, including any causes of action 2 in law, claims in equity, complaints, suits or petitions, and any allegations of 3 wrongdoing, demands for legal, equitable or administrative relief (including, but not 4 limited to, any claims for injunction, rescission, reformation, restitution, 5 disgorgement, constructive trust, declaratory relief, compensatory damages, 6 consequential damages, penalties, exemplary damages, punitive damages, attorneys’ 7 fees, costs, interest or expenses) that the Releasing Parties had or have (including, 8 but not limited to, assigned claims and any and all “Unknown Claims” as defined 9 below) that have been or could have been asserted in the Action or in any other action 10 or proceeding before any court, arbitrator(s), tribunal or administrative body 11 (including, but not limited to, any state, local or federal regulatory body), regardless 12 of whether the claims or causes of action are based on federal, state, or local law, 13 statute, ordinance, regulation, contract, common law, or any other source, and 14 regardless of whether they are known or unknown, foreseen or unforeseen, suspected 15 or unsuspected, or fixed or contingent (“Released Claims”). “Unknown Claims” 16 means claims that could have been raised in the Action and that Plaintiffs, any 17 member of the Settlement Class or any Releasing Party, do not know or suspect to 18 exist, which, if known by him, her or it, might affect his, her or its agreement to 19 release the Released Parties or the Released Claims or might affect his, her or its 20 decision to agree, object or not to object to the Settlement. Upon the Effective Date, 21 Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, 22 and shall have, expressly waived and relinquished, to the fullest extent permitted by 23 law, the provisions, rights and benefits of Section 1542 of the California Civil Code. 24 5. The Class Representatives and all Settlement Class Members are hereby 25 barred and permanently enjoined from instituting, asserting or prosecuting any or all 26 of the Released Claims against any of the Released Parties. 27 28 representatives, insurers, reinsurers, subrogees, and assigns of any of the foregoing, as well as Plaintiffs and Class Counsel. 3 FINAL JUDGMENT 1 6. For the reasons set forth in the Final Approval Order, Class Counsel are 2 awarded attorneys’ fees in the amount of $10.5 million, and reimbursement of 3 Litigation Costs in the amount of $152,854.28, such amounts to be paid from out of 4 the Settlement Fund in accordance with the terms of the Settlement. 5 Settlement Fund, $2,500 may be paid to each of the Class Representatives as a 6 Service Award. 7 7. The Court hereby retains and reserves jurisdiction Of the over: 8 (a) implementation of this Settlement and any distributions from the Settlement 9 Fund; (b) the Action, until the Effective Date and until each and every act agreed to 10 be performed by the Parties shall have been performed pursuant to the terms and 11 conditions of the Settlement Agreement, including the exhibits appended thereto; and 12 (c) all Parties, for the purpose of enforcing and administering the Settlement 13 Agreement and the Settlement. 14 15 16 17 18 19 Date: May 29, 2019 ____________________________________ Andrew J. Guilford United States District Judge 20 21 22 23 24 25 26 27 28 4 FINAL JUDGMENT
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