Order Granting Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement and Providing Notice — In re Wright & Filippis, LLC Data Security Breach Litigation, No. 2:22-cv-12908-SFC (Dkt. 43, E.D. Mich.)

Summary

Judge Sean F. Cox of the U.S. District Court for the Eastern District of Michigan granted preliminary approval on January 4, 2024 to the class action settlement in In re Wright & Filippis, LLC Data Security Breach Litigation, Case No. 2:22-cv-12908-SFC. The order conditionally certifies a settlement class of all natural persons whose Private Information was compromised in the Data Breach and appoints Chiquita Braggs, Scott Hamilton, Diane Huff, Shawn Kolka and Craig Mejia as Class Representatives. The Miller Law Firm P.C. is Chair of Settlement Class Counsel, and Epiq Class Action & Claims Solutions, Inc. is the Claims Administrator. Class members may opt out or object up to sixty (60) days from the Notice Commencement Date and file claims within 90 days after the notice program begins; the Final Approval Hearing is on a date set by the Court.

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Case 2:22-cv-12908-SFC-EAS ECF No. 43, PageID.2555 Filed 01/04/24 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

Case No.: 2:22-cv-12908-SFC
IN RE WRIGHT & FILIPPIS, LLC Hon. Sean F. Cox
DATA SECURITY BREACH
LITIGATION

JURY TRIAL DEMANDED

ORDER GRANTING PLAINTIFFS’ MOTION
FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT AND PROVIDING NOTICE

This case is before the Court on Plaintiffs Chiquita Braggs’s, Scott

Hamilton’s, Diane Huff’s, Shawn Kolka’s, and Craig Mejia’s (collectively,

“Plaintiffs”) Unopposed Motion for Preliminary Approval of the Class Action

Settlement (the “Motion”). The Court, having considered the Motion, the supporting

brief, the Parties’ Settlement Agreement dated October 12, 2023 (the “Settlement

Agreement”), attached hereto as Exhibit 1; the proposed Long Form Notice, Short

Form Notice, and Claim Form (attached as Exhibits A, B, and C, respectively, to the

Settlement Agreement); the pleadings and other papers filed in this Action; and the

statements of counsel and the Parties, and for good cause shown.

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IT IS HEREBY ORDERED as follows:

Preliminary Approval of Settlement Agreement

1. Unless otherwise defined herein, all terms that are capitalized herein

shall have the meanings ascribed to those terms in the Settlement Agreement.

2. This Court has jurisdiction over the Litigation, Plaintiffs, all Settlement

Class Members, Defendant Wright & Filippis, LLC (“W&F” or “Defendant”), and

any party to any agreement that is part of or related to the Settlement.

3. The Court finds that the proposed Settlement set forth in the Settlement

Agreement is sufficiently fair, reasonable and adequate such that it is hereby

preliminary approved and notice of the settlement should be provided to the

Settlement Class Members and that a hearing shall be held as set forth below.

Class Certification

4. Solely for purposes of the Settlement, the Court conditionally certifies

the following class pursuant to Fed. R. Civ. P. 23(a) and (b)(3) (“Settlement Class”):

All natural persons whose Private Information was compromised
in the Data Breach, including all individuals who were sent the
Notice of Data Privacy Incident on or around November 18, 2022.

5. Excluded from the Settlement Class are: (i) Defendant and its

respective officers and directors; (ii) all Settlement Class Members who timely and

validly request exclusion from the Settlement Class; (iii) the Judge assigned to

evaluate the fairness of this settlement; and (iv) any other Person found by a court

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of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding

or abetting the criminal activity occurrence of the Data Incident or who pleads nolo

contendere to any such charge.

6. Subject to final approval of the Settlement, the Court finds and

concludes for settlement purposes only that the prerequisites to a class action, set

forth in Fed. R. Civ. P. 23(a) and (b), are satisfied in that:

a. The Settlement Class is so numerous that joinder of all members is

impracticable;

b. There are questions of law of fact common to the Settlement Class;

c. Plaintiffs and Class Counsel (as defined below) fairly and

adequately represent that Settlement Class;

d. The claims of Plaintiffs are typical of those of Settlement Class

Members;

e. Common issues predominate over any individual issues affecting

the members of the Settlement Class;

f. Plaintiffs fairly and adequately protect and represent the interests

of all members of the Settlement Class, and Plaintiffs’ interests are

aligned with the interests of all other members of the Settlement

Class; and

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g. Settlement of the Litigation on a class-action basis is superior to

other means of resolving this matter.

7. The Court appoints The Miller Law Firm P.C. as Chair of Settlement

Class Counsel and Migliaccio & Rathod LLP, Shub & Johns LLP, and Milberg

Coleman Bryson Phillips Grossman, PLLC as Settlement Class Counsel, having

determined that the requirements of Rule 23(g) of the Federal Rules of Civil

Procedure are fully satisfied by this appointment.

8. The Court hereby appoints Chiquita Braggs, Scott Hamilton, Diane

Huff, Shawn Kolka, and Craig Mejia as the Class Representatives for settlement

purposes only on behalf of the Settlement Class.

Notice to Settlement Class Members

9. Pursuant to Federal Rule of Civil Procedure 23(e), the Court approves

the Long Form Notice and the Short Form Notice (the “Settlement Notices”),

attached as Exhibits A and B, respectively, to the Settlement Agreement and attached

to this Order as Exhibit 1, and finds that the dissemination of the Settlement Notices

substantially in the manner and form set forth in §§ 6.1-6.3 of the Settlement

Agreement attached as Exhibit 1 to this Order complies fully with the requirements

of the Federal Rule of Civil Procedure 23 and due process of law, and is the best

notice practicable under the circumstances.

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10. The Court further approves the Claim Form, substantially similar to

Exhibit C to the Settlement Agreement attached as Exhibit 1 to this Order, which

will be available both on the Settlement Website and by request.

11. The notice procedures described above are hereby found to be the best

means of providing notice under the circumstances and, when completed, shall

constitute due and sufficient notice of the proposed Settlement Agreement and the

Final Approval Hearing to all persons affected by and/or entitled to participate in the

Settlement Agreement, in full compliance with the notice requirements of Rule 23

of the Federal Rules of Civil Procedure and due process of law.

12. The Court hereby orders that, within five (5) days of entry of this Order,

W&F shall provide to the Claims Administrator the contact information of

Settlement Class Members, including names and physical addresses, that is currently

in W&F’s possession.

13. No later than thirty-five (35) days from the date of this Order

preliminarily approving the Settlement (“Notice Commencement Date”), Class

Counsel shall cause the Claims Administrator to send via U.S. mail the Short Form

Notice to each Settlement Class member and shall cause to be published the Long

Form Notice, thereby making it available to the rest of the Settlement Class as stated

in the proposed Notice Plan.

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14. Contemporaneously with seeking Final Approval of the Settlement,

Class Counsel and W&F shall cause to be filed with the Court an appropriate

affidavit or declaration from the Claims Administrator with respect to complying

with the Notice Plan.

15. All costs incurred in disseminating and otherwise in connection with

the Settlement Notices shall be paid from the Settlement Fund.

16. The Settlement Notices and Claim Form satisfy the requirements of due

process and of Rule 23(e) of the Federal Rules of Civil Procedure and thus are

approved for dissemination to the Settlement Class. The Claim Form shall be made

available to the Settlement Class as set forth on the Notice Plan and shall be made

available to any potential Class Member that requests one.

Responses by Settlement Class Members and the
Scheduling of the Final Approval Hearing

17. Settlement Class Members may opt-out or object up to sixty (60) days

from the Notice Commencement Date (the “Opt-Out Deadline”).

18. Any members of the Settlement Class who or that wishes to be excluded

(“opt out”) from the Settlement Class must send a written request to the designated

Post Office Box established by the Claims Administrator postmarked on or before

the Opt-Out Deadline. Members of the Settlement Class may not opt-out of the

Settlement by submitting requests to opt-out as a group or class, but must in each

instance individually and personally sign and submit an opt-out request. All

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Settlement Class Members that opt-out of the Settlement will not be eligible to

receive any benefits under the Settlement, will not be bound by any further orders or

judgments entered for or against the Settlement Class, and will preserve their ability

to independently pursue any claims they may have against W&F.

19. Any member of the Settlement Class who does not properly and timely

opt-out of the Settlement shall, upon entry of the Order and Final Judgment, be

bound by all the terms and provisions of the Settlement Agreement and Release,

whether or not such Settlement Class Member objected to the Settlement and

whether or not such Settlement Class Member received consideration under the

Settlement Agreement.

20. The Court adopts the following schedule for the remaining events in

this case, which ensures that the appropriate state and federal officials are served

with the notification required by the Class Action Fairness Act:

Event Date
W&F provides CAFA Notice required Within 10 days after the filing of this
by 28 U.S.C. § 1715(b) Motion
W&F to provide contact information Within 5 days after entry of
for Settlement Class Members Preliminary Approval Order
Notice Program commences Within 35 days after entry of
Preliminary Approval Order
Notice Program concludes Within 45 days after entry of
Preliminary Approval Order

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Compliance with CAFA Waiting 90 days after the appropriate
Period under 28 U.S.C. § 1715(d): governmental offices are served with
CAFA notice
Postmark deadline for request for 60 days after commencement of Notice
exclusion (opt-out) or objections: Program
Deadline to file Plaintiffs’ Motion for No later than 14 days prior to the
Attorneys’ Fees, Expenses, and Service deadline for request for exclusion (opt-
Awards: out) or objections
Deadline to file Plaintiffs’ Motion for No later than 14 days prior to the Final
Final Approval of the Settlement Fairness Hearing
Agreement
Postmark/Filing deadline for members 90 days after commencement of the
of the Class to file claims Notice Program
Deadline for Plaintiffs to file any No later than 7 days prior to the Final
Response to Objections or Supplement Fairness Hearing
to Motion for Final Approval
Deadline for Claims Administrator to At least 5 days prior to the Final
file or cause to be filed, if necessary, a Fairness Hearing
supplemental declaration with the
Court
Final Approval Hearing To be set by the Court and held at the
United States District Court for the
Eastern District of Michigan, Theodore
Levin U.S. Courthouse, 231 W.
Lafayette Blvd., Detroit, MI 48226 in
Courtroom ___ and/or by virtual
attendance, details of which to be
provided before the Final Approval
Hearing on the Settlement Website.

21. A hearing on the Settlement (the “Final Approval Hearing”) shall be

held before this Court on a date set by the Court.

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22. At the Final Approval Hearing, the Court will consider (a) the fairness,

reasonableness, and adequacy of the proposed class Settlement and whether the

Settlement should be granted final approval by the Court; (b) dismissal with

prejudice of the Litigation; (c) entry of an order including the Release; (d) entry of

the Final Approval Order; and (e) entry of final judgment in this Litigation. Class

Counsel’s application for award of attorney’s fees and costs, and request for the

Court to award a service award to the named Plaintiffs, shall also be heard at the

time of the hearing.

23. The date and time of the Final Approval Hearing shall be subject to

adjournment by the Court without further notice to the members of the Settlement

Class, other than that which may be posted by the Court. Should the Court adjourn

the date for the Final Approval Hearing, that shall not alter the deadlines for mailing

and publication of notice, the Opt-Out deadline, or the deadlines for submissions of

settlement objections, claims, and notices of intention to appear at the Final

Approval Hearing unless those dates are explicitly changed by subsequent Order.

The Court may also decide to hold the hearing via zoom or telephonically.

Instructions on how to appear at the Final Approval Hearing will be posted on the

Settlement Website.

24. Any person or entity who or which does not elect to be excluded from

the Settlement Class may, but need not, enter an appearance through its own

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attorney. Settlement Class Members that do not timely object or opt out and that do

not have an attorney enter an appearance on their behalf will be represented by Class

Counsel.

25. Any person or entity who or which does not elect to be excluded from

the Settlement Class may object to the proposed Settlement. Any Settlement Class

Member may object to, among other things, (a) the proposed Settlement, (b) entry

of Final Approval Order and the judgment approving the Settlement, (c) Class

Counsel’s application for fees and expenses, or (d) the service award request, by

mailing a written objection, with a postmark date no later than the Objection Date,

to Class Counsel and W&F’s counsel. The Settlement Class Member making the

objection (the “Objector”) or his or her counsel may also file an objection with the

Court through the Court’s Electronic Court Filing (“ECF”) system, with service on

Class Counsel and W&F’s Counsel made through the ECF system. For all objections

mailed to Class Counsel and counsel for W&F, Class Counsel will file them with

the Court with the Motion for Final Approval of the Settlement.

26. The Objector’s objection must be either (1) filed with the Court no later

than sixty (60) days after the Notice Commencement Date or (2) mailed to Class

Counsel and W&F’s counsel, with a postmark date of no later than sixty (60) days

after the Notice Commencement Date. To be valid, the objection must include: (i)

the Objector’s full name and address; (ii) the case name and docket number, In Re

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Wright & Filippis, LLC Data Security Breach Litigation, Case No. 2:22-cv-12908-

SFC-EAS (E.D. Mich.); (iii) information identifying the Objector as a Settlement

Class Member, including proof that the Objector is a member of the Settlement Class

(e.g., copy of the Objector’s settlement notice, copy of original notice of the Data

Incident, or a statement explaining why the Objector believes he or she is a

Settlement Class Member); (iv) a written statement of all grounds for the objection,

accompanied by any legal support for the objection the Objector believes applicable;

(v) the identity of any and all counsel representing the Objector in connection with

the objection; (vi) a statement whether the Objector and/or his or her counsel will

appear at the Final Fairness Hearing; and (vii) the Objector’s signature or the

signature of the Objector’s duly authorized attorney or other duly authorized

representative (if any) representing him or her in connection with the objection.

27. Only Settlement Class Members that have filed and served valid and

timely notices of objection shall be entitled to be heard at the Final Approval

Hearing. Any Settlement Class Member who does not timely file and serve an

objection in writing in accordance with the procedure set forth in the Class Notice

and mandated in this Order shall be deemed to have waived any objection to (a) the

Settlement; (b) the Release; (c) entry of Final Approval Order or any judgment; (d)

Class Counsel’s application for fees, costs, and expenses; and/or (e) the service

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award request for the named Plaintiffs, whether by appeal, collateral attack, or

otherwise.

28. Settlement Class Members need not appear at the hearing or take any

other action to indicate their approval of the Settlement.

29. Upon entry of the Order and Final Judgment, all members of the

Settlement Class that have not personally and timely requested to be excluded from

the Settlement Class will be enjoined from proceeding against W&F with respect to

all of the Released Claims.

30. W&F shall cause to be prepared and sent all notices that are required

by the Class Action Fairness Act of 2005 (“CAFA”) as specified in 28 U.S.C. §

1715. The costs associated with providing notice under CAFA shall be paid from the

Settlement Fund.

31. Class Counsel and counsel for W&F shall cooperate promptly and fully

in the preparation of such notices, including providing W&F with any and all

information in its possession necessary for the preparation of these notices. W&F

shall provide, or cause to be provided, courtesy copies of the notices to Class

Counsel for the purpose of implementing the settlement. W&F shall provide notice

to Class Counsel of compliance with the CAFA requirements within ten (10) days

of providing notice to Attorneys General under CAFA.

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Administration of the Settlement

32. The Court hereby appoints the claims administrator proposed by the

parties, Epiq Class Action & Claims Solutions, Inc. (“Claims Administrator”).

Responsibilities of the Claims Administrator shall include: (a) establishing a post

office box for purposes of communicating with Settlement Class Members; (b)

disseminating notice to the Class; (c) developing a website to enable Settlement

Class Members to access documents; (d) accepting and maintaining documents sent

from Settlement Class Members relating to claims administration; and (e)

distributing settlement checks to Settlement Class Members. Pursuant to the

Settlement Agreement, the Claims Administrator and costs of administration shall

be paid from the Settlement Fund.

33. In the event the Settlement Agreement and the proposed Settlement are

terminated in accordance with the applicable provisions of the Settlement

Agreement—the Settlement Agreement, the proposed Settlement, and all related

proceedings shall, except as expressly provided to the contrary in the Settlement

Agreement, become null and void, shall have no further force and effect, and

Settlement Class Members shall retain all of their current rights to assert any and all

claims against W&F and any other Released Entity, and W&F and any other

Released Entities shall retain any and all of their current defenses and arguments

thereto (including but not limited to arguments that the requirements of Fed. R. Civ.

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P. 23(a) and (b)(3) are not satisfied for purposes of continued litigation). The

Litigation shall thereupon revert forthwith to its respective procedural and

substantive status prior to the date of execution of the Settlement Agreement and

shall proceed as if the Settlement Agreement and all other related orders and papers

had not been executed.

34. Neither this Order nor the Settlement Agreement nor any other

settlement-related document nor anything contained herein or therein or

contemplated hereby or thereby nor any proceedings undertaken in accordance with

the terms set forth in the Settlement Agreement or herein or in any other settlement-

related document, shall constitute, be construed as or be deemed to be evidence of

or an admission or concession by W&F as to the validity of any claim that has been

or could have been asserted against it or as to any liability by it as to any matter set

forth in this Order, or as to the propriety of class certification for any purposes other

than for purposes of the current proposed Settlement.

IT IS SO ORDERED.

Dated: January 4, 2024 s/Sean F. Cox
Sean F. Cox
U. S. District Judge

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