The opinion
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
RANDALL HUFFMAN and BRYAN
QUERRY, on behalf of themselves and all
others similarly situated,
Case No. 5:23-cv-132-KDB-SCR
Plaintiffs,
Judge Kenneth D. Bell
v.
Magistrate Judge Susan C. Rodriguez
COMMSCOPE, INC. OF NORTH CAROLINA
and COMMSCOPE HOLDING COMPANY,
INC.;
Defendants.
FINAL APPROVAL ORDER AND JUDGMENT
Before the Court is Plaintiffs’ Unopposed Motion for Final Approval of Class Action
Settlement (“Motion for Final Approval”) (Doc. No. 34). The Motion seeks approval of the
Settlement as fair, reasonable, and adequate. Also before the Court is Plaintiffs’ Motion for
Attorneys’ Fees, Costs, and Expenses to Class Counsel, and Service Awards (“Motion for
Attorneys’ Fees”) (Doc. No. 30). Having reviewed and considered the Settlement Agreement,
Motion for Final Approval, and Motion for Attorneys’ Fees, and having conducted a Final
Fairness Hearing, the Court makes the findings and grants the relief set forth below approving
the Settlement upon the terms and conditions set forth in this Order.
WHEREAS, on March 11, 2024, the Court entered an Order Granting Preliminary
Approval of Class Action Settlement (“Preliminary Approval Order”) (Doc. No. 27) which, among
other things: (a) conditionally certified this matter as a class action, including defining the class
and class claims, (b) appointed Plaintiffs as the Class Representatives and appointed Raina C.
Borrelli of Strauss Borrelli PLLC (formerly Turke & Strauss LLP) as Class Counsel; (c)
preliminarily approved the Settlement Agreement; (d) approved the form and manner of Notice to
the Settlement Class; (d) set deadlines for opt-outs and objections; (e) approved and appointed the
Settlement Administrator; and (f) set the date for the Final Fairness Hearing;
WHEREAS, on April 30, 2024, pursuant to the Notice requirements set forth in the
Settlement Agreement and in the Preliminary Approval Order, the Settlement Class was notified
of the terms of the proposed Settlement Agreement, of the right of Settlement Class Members to
opt-out, and the right of Settlement Class Members to object to the Settlement Agreement and to
be heard at a Final Fairness Hearing;
WHEREAS, on July 23, 2024, the Court held a Final Approval Hearing to determine, inter
alia: (1) whether the terms and conditions of the Settlement Agreement are fair, reasonable, and
adequate for the release of the claims contemplated by the Settlement Agreement; and (2) whether
judgment should be entered dismissing this action with prejudice. Prior to the Final Fairness
Hearing, a declaration of compliance with the provisions of the Settlement Agreement and
Preliminary Approval Order relating to notice was filed with the Court as required by the
Preliminary Approval Order. Therefore, the Court is satisfied that Settlement Class Members were
properly notified of their right to appear at the Final Fairness Hearing in support of or in opposition
to the proposed Settlement Agreement, the award of attorneys’ fees, costs, and expenses to Class
Counsel, and the payment of Service Awards to the Class Representatives;
WHEREAS, the Court not being required to conduct a trial on the merits of the case or
determine with certainty the factual and legal issues in dispute when determining whether to
approve a proposed class action settlement; and
WHEREAS, the Court being required under Federal Rule of Civil Procedure 23(e) to make
the findings and conclusions hereinafter set forth for the limited purpose of determining whether
the settlement should be approved as being fair, reasonable, adequate and in the best interests of
the Settlement Class;
Having given an opportunity to be heard to all requesting persons in accordance with the
Preliminary Approval Order, having heard the presentation of Class Counsel and counsel for
Defendants, having reviewed all of the submissions presented with respect to the proposed
Settlement Agreement, having determined that the Settlement Agreement is fair, adequate, and
reasonable, having considered the application made by Settlement Class Counsel for attorneys’
fees, costs, and expenses, and the application for Service Awards to the Representative Plaintiffs,
and having reviewed the materials in support thereof, and good cause appearing:
IT IS ORDERED that:
1. The Court has jurisdiction over the subject matter of this action and over all claims
raised therein and all Parties thereto, including the Settlement Class.
2. The Settlement involves allegations in Plaintiffs’ Class Action Complaint against
Defendants for failure to implement or maintain adequate data security measures and safeguards
to protect Private Information, which Plaintiffs allege directly and proximately caused injuries to
Plaintiffs and Settlement Class Members.
3. The Settlement does not constitute an admission of liability by Defendants, and the
Court expressly does not make any finding of liability or wrongdoing by Defendants.
4. Unless otherwise indicated, words spelled in this Order and Judgment Granting
Final Approval of Class Action Settlement (“Final Order and Judgment”) with initial capital letters
have the same meaning as set forth in the Settlement Agreement.
5. 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 for purposes of the Settlement Agreement and this Final Order and
Judgment only, the Court hereby finally certifies the following Settlement Class:
All individuals residing in the United States who were sent a notice
by CommScope informing them of the Data Incident CommScope
discovered in March 2023.
Specifically excluded from the Settlement Class are:
(1) the judges presiding over this Action, and members of their
direct families; (2) the Defendants, their subsidiaries, parent
companies, successors, predecessors, and any entity in which the
Defendants or their parents have a controlling interest and their
current or former officers and directors; and (3) Settlement Class
Members who submit a valid Request for Exclusion prior to the Opt-
Out Deadline or who have otherwise been permitted to Opt-Out.
6. The Settlement was entered into in good faith following arm’s length negotiations
and is non-collusive. The Settlement is in the best interests of the Settlement Class and is therefore
approved. The Court finds that the Parties faced significant risks, expenses, delays, and
uncertainties, including as to the outcome, including on appeal, of continued litigation of this
complex matter, which further supports the Court’s finding that the Settlement Agreement is fair,
reasonable, adequate, and in the best interests of the Settlement Class Members. The Court finds
that the uncertainties of continued litigation in both the trial and appellate courts, as well as the
expense associated with it, weigh in favor of approval of the settlement reflected in the Settlement
Agreement.
7. The Settlement Agreement provides, in part, and subject to a more detailed
description of the settlement terms in the Settlement Agreement, for:
a. Claims Administration as outlined in the Settlement Agreement whereby
Settlement Class Members can submit claims that will be evaluated by a
Settlement Administrator.
b. Defendants to pay all costs of Claims Administration from the Settlement
Fund, including the cost of the Settlement Administrator, instituting Notice,
processing and administering claims, and preparing and mailing checks.
c. Defendants to pay, subject to the approval and award of the Court, the
reasonable attorneys’ fees, costs, and expenses of Class Counsel and
Service Awards to the Class Representatives from the Settlement Fund.
The Court readopts and incorporates herein by reference its preliminary conclusions as to the
satisfaction of Federal Rule of Civil Procedure 23(a) and (b)(3) set forth in the Preliminary
Approval Order and notes that because this certification of the Settlement Class is in connection
with the Settlement Agreement rather than litigation, the Court need not address any issues of
manageability that may be presented by certification of the class proposed in the Settlement
Agreement.
8. The terms of the Settlement Agreement are fair, adequate, and reasonable and are
hereby approved, adopted, and incorporated by the Court. Notice of the terms of the Settlement,
the rights of Settlement Class Members under the Settlement, the Final Fairness Hearing,
Plaintiffs’ application for attorneys’ fees, costs, and expenses, and the Service Awards payment to
the Class Representatives have been provided to Settlement Class Members as directed by this
Court’s Orders, and proof of Notice has been filed with the Court.
9. The Court finds that the notice program, set forth in the Settlement Agreement and
effectuated pursuant to the Preliminary Approval Order, was the best notice practicable under the
circumstances, was reasonably calculated to provide and did provide due and sufficient notice to
the Settlement Class of the pendency of the Action, certification of the Settlement Class for
settlement purposes only, the existence and terms of the Settlement Agreement, and their right to
object and to appear at the final approval hearing or to exclude themselves from the Settlement
Agreement, and satisfied the requirements of the Federal Rules of Civil Procedure, the United
States Constitution, and other applicable law.
10. The Court finds that Defendants have fully complied with the notice requirements
of the Class Action Fairness Act of 2005, 28 U.S.C. § 1715.
11. Four (4) potential Settlement Class Members have requested and are permitted to
be excluded from the Settlement. Their names are Lisa G. Shaw, Roberto Carrion, Eric Alston,
and Consuelo Munoz. Those persons are not bound by the Settlement Agreement and this Final
Order and Judgment and shall not be entitled to any of the benefits afforded to the Settlement Class
Members under the Settlement Agreement, as set forth in the Settlement Agreement.
12. Zero objections were filed by Settlement Class Members.
13. All Settlement Class Members who have not objected to the Settlement Agreement
in the manner provided in the Settlement Agreement are deemed to have waived any objections by
appeal, collateral attack, or otherwise.
14. The Court has considered all the documents filed in support of the Settlement, and
has fully considered all matters raised, all exhibits and affidavits filed, all evidence received at the
Final Fairness Hearing, all other papers and documents comprising the record herein, and all oral
arguments presented to the Court.
6
15. The Parties, their respective attorneys, and the Settlement Administrator are hereby
directed to consummate the Settlement in accordance with this Final Order and Judgment and the
terms of the Settlement Agreement.
16. Pursuant to the Settlement Agreement, Defendants, the Settlement Administrator,
and Class Counsel shall implement the Settlement in the manner and timeframe as set forth therein.
17. Within the time period set forth in the Settlement Agreement, the relief provided
for in the Settlement Agreement shall be made available to the various Settlement Class Members
submitting valid Claim Forms, pursuant to the terms and conditions of the Settlement Agreement.
18. Pursuant to and as further described in the Settlement Agreement, Plaintiffs and the
Settlement Class Members release claims as follows:
Upon Final Approval of this Settlement Agreement, Releasors
release, acquit, and forever discharge Defendants and each of its
present and former parents, subsidiaries, divisions, affiliates,
predecessors, successors, and assigns, Board of Trustees, and the
present and former directors, officers, employees, agents, insurers,
shareholders, attorneys, advisors, consultants, representatives,
partners, joint venturers, independent contractors, wholesalers,
resellers, distributors, retailers, and the predecessors, successors,
and assigns of each of them as well as covered entities associated
with the Data Security Incident (“Released Parties”) from all
liabilities, rights, claims, actions, causes of action, demands,
damages, penalties, costs, attorneys’ fees, losses, and remedies,
whether known or unknown, existing or potential, suspected or
unsuspected, liquidated or unliquidated, legal, statutory, or
equitable, that result from, arise out of, are based upon, or relate to
the Data Security Incident, and conduct that was alleged or could
have been alleged in the Litigation, including, without limitation,
any claims, actions, causes of action, demands, damages, penalties,
losses, or remedies relating to, based upon, resulting from, or arising
out of the Data Security Incident (the “Released Claims”), provided
that nothing in this Release is intended to, does or shall be deemed
to release any claims not arising out of, based upon, resulting from,
or related to the Data Security Incident.
Upon the Effective Date, Defendants and their representatives,
officers, agents, directors, principals, affiliates, employees, insurers,
and attorneys shall be deemed to have released, acquitted, and
forever discharged the Settlement Class Representatives and Class
Counsel from any and all claims or causes of action of every kind
and description, including any causes of action in law, claims in
equity, complaints, suits or petitions, and any allegations of
wrongdoing, demands for legal, equitable or administrative relief
(including, but not limited to, any claims for injunction, rescission,
reformation, restitution, disgorgement, constructive trust,
declaratory relief, compensatory damages, consequential damages,
penalties, exemplary damages, punitive damages, attorneys’ fees,
costs, interest or expenses), whether known or unknown, that arise
out of, are based upon, or relate to prosecution of the Action, the
Settlement Agreement, or the Settlement claims process (provided,
however, that this release and discharge shall not include claims
relating to the enforcement of the terms of the Settlement or the
Agreement).
Upon entry of the Final Approval Order, the Settlement Class
Representatives and other Settlement Class Members shall be
enjoined from prosecuting any claim they have released in the
preceding paragraphs in any proceeding against Defendants or based
on any actions taken by any of the Released Parties that are
authorized or required by this Agreement or by the Final Approval
Order. Likewise, Defendants and its representatives, officers,
agents, directors, principals, affiliates, employees, insurers, and
attorneys shall be enjoined from prosecuting any claim they have
released in the preceding paragraphs in any proceeding against
Settlement Class Representatives and Class Counsel or based on any
actions taken by Settlement Class Representatives and Class
Counsel that are authorized or required by this Agreement or by the
Final Approval Order. It is further agreed that the Settlement may
be pleaded as a complete defense to any proceeding subject to this
section.
19. The Court grants final approval to the appointment of Plaintiffs as Class
Representatives. The Court concludes that Class Representatives have fairly and adequately
represented the Settlement Class and will continue to do so.
20. Pursuant to the Settlement Agreement, and in recognition of their efforts on behalf
of the Settlement Class, the Court approves a payment to the Class Representatives in the amount
of $5,000.00 each as Service Awards. Defendants shall make such payment in accordance with the
terms of the Settlement Agreement.
21. The Court grants final approval to the appointment of Raina C. Borrelli of Strauss
Borrelli PLLC as Class Counsel. The Court concludes that Class Counsel has adequately
represented the Settlement Class and will continue to do so.
22. The Court, after careful review of the fee petition filed by Class Counsel, and after
applying the appropriate standards required by relevant case law, hereby grants Class Counsel’s
application for attorneys’ fees in the amount of $146,667.67. Reasonable costs and expenses of
$3,638.40 are also hereby awarded. Payment shall be made pursuant to the terms of the Settlement
Agreement.
23. This Final Order and Judgment and the Settlement Agreement, and all acts,
statements, documents, or proceedings relating to the Settlement Agreement are not, and shall not
be construed as, used as, or deemed to be evidence of, an admission by or against Defendants of
any claim, any fact alleged in the Litigation, any fault, any wrongdoing, any violation of law, or
any liability of any kind on the part of Defendants or of the validity or certifiability for litigation
of any claims that have been, or could have been, asserted in the lawsuit. This Final Order and
Judgment, the Settlement Agreement, and all acts, statements, documents, or proceedings relating
to the Settlement Agreement shall not be offered or received or be admissible in evidence in any
action or proceeding, or be used in any way as an admission or concession or evidence of any
liability or wrongdoing of any nature or that Plaintiffs, any Settlement Class Member, or any other
person has suffered any damage; provided, however, that the Settlement Agreement and this Final
Order and Judgment may be filed in any action by Defendants, Class Counsel, or Settlement Class
Members seeking to enforce the Settlement Agreement or the Final Order and Judgment
(including, but not limited to, enforcing the releases contained herein). The Settlement Agreement
and Final Order and Judgment shall not be construed or admissible as an admission by Defendants
that Plaintiffs’ claims or any similar claims are suitable for class treatment. The Settlement
Agreement’s terms shall be forever binding on, and shall have res judicata and preclusive effect
in, all pending and future lawsuits or other proceedings as to Released Claims and other
prohibitions set forth in this Final Order and Judgment that are maintained by, or on behalf of, any
Settlement Class Member or any other person subject to the provisions of this Final Order and
Judgment.
24. If the Effective Date, as defined in the Settlement Agreement, does not occur for
any reason, this Final Order and Judgment and the Preliminary Approval Order shall be deemed
vacated, and shall have no force and effect whatsoever; the Settlement Agreement shall be
considered null and void; all of the Parties’ obligations under the Settlement Agreement, the
Preliminary Approval Order, and this Final Order and Judgment and the terms and provisions of
the Settlement Agreement shall have no further force and effect with respect to the Parties and
shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment
or order entered by the Court in accordance with the terms of the Settlement Agreement shall be
treated as vacated nunc pro tunc, and the Parties shall be restored to their respective positions in
the Litigation, as if the Parties never entered into the Settlement Agreement (without prejudice to
any of the Parties’ respective positions on the issue of class certification or any other issue). In
such event, the Parties will jointly request that all scheduled Litigation deadlines be reasonably
extended by the Court so as to avoid prejudice to any Party or Party’s counsel. Further, in such
event, Defendants will pay amounts already billed or incurred for costs of notice to the Settlement
Class, and Claims Administration, and will not, at any time, seek recovery of same from any other
Party to the Litigation or from counsel to any other Party to the Litigation.
25. Pursuant to Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 382 (1994)
and the parties’ agreement, this Court shall retain the authority to issue any order necessary to
protect its jurisdiction from any action, whether in state or federal court.
26. Without affecting the finality of this Final Order and Judgment, the Court will retain
jurisdiction over the subject matter and the Parties with respect to the interpretation and
implementation of the Settlement Agreement for all purposes.
27. Except as stated above with respect to potential class members who have opted-
out of the settlement, this Order resolves all claims against all Parties in this action and is a final
order.
28. The matter is hereby dismissed with prejudice and without costs except as provided
in the Settlement Agreement.
SO ORDERED.
Signed: July 24, 2024
Kenneth D. Bell
United States District Judge woe