On April 23, 2024, the Court granted Final Approval to a Settlement in the Litigation between Plaintiffs, on behalf of themselves and the Settlement Class, and Defendant. This approval and the Notice are not an expression of opinion by the Court as to the merits of any of the claims or defenses asserted by any of the parties to the Litigation.
In settlement of all claims alleged in the Litigation, Defendant has agreed to pay One Million Dollars ($1,000,000.00) in cash (“Gross Settlement Fund”). In exchange for this payment and other consideration outlined in the Settlement Agreement, the Settlement Class shall release the Released Claims (as defined in the Settlement Agreement) against the Released Parties (as defined in the Settlement Agreement). The Gross Settlement Fund, less Plaintiffs’ Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, Case Contribution Awards, and any other costs approved by the Court (the “Net Settlement Fund”), will be distributed to final Class Members pursuant to the terms of the Settlement Agreement.
Class Counsel sought an award of Plaintiffs’ Attorneys’ Fees of not more than 40% of the Gross Settlement Fund. Co‑Lead Class Counsel Reagan E. Bradford and Ryan K. Wilson of Bradford & Wilson and Additional Class Counsel Brady L. Smith of Brady Smith Law, PLLC, have been litigating this case without any payment whatsoever, advancing thousands of dollars in expenses. At the Final Fairness Hearing, Plaintiffs’ Counsel also sought reimbursement of the litigation and administration expenses incurred in connection with the prosecution of this Litigation and that will be incurred through final distribution of the Settlement, which is estimated to be approximately $140,000.00. In addition, Plaintiffs sought a case contribution award for their representation of the Class, which total combined amount did not exceed $20,000.00, to compensate Plaintiffs for their time, expense, risk, and burden as serving as Class Representatives.
The Court must approve the Allocation Methodology, which describes how the Settlement Administrator will allocate the Net Settlement Fund. The Net Settlement Fund will be distributed by the Settlement Administrator after the Effective Date of the Settlement. The Effective Date requires the exhaustion of any appeals, which may take a year or more after the entry of Judgment.
The Notice does not and cannot set out all the terms of the Settlement Agreement, which is available for review at the Important Documents page. This website will eventually include the Notice, the Plan of Allocation, and Plaintiffs’ Counsel’s application for Plaintiffs’ Attorneys’ Fees and Litigation Expenses and other costs. You may also receive information about the progress of the Settlement by visiting the Home page, or by contacting the Settlement Administrator.