GENE E.K. PRATTER, District Judge.
1. The 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.
2. The 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.
3. Unless otherwise noted, words spelled in this Order with initial capital letters have the same meaning as set forth in the Settlement Agreement.
4. On 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.
5. In 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 follows:
Excluded 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.
6. 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 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.
7. The Settlement Agreement provides, in part, and subject to a more detailed description of the settlement terms in that Agreement, for:
8. The terms of the Settlement Agreement are fair, reasonable, and adequate and are hereby approved, adopted, and incorporated by the Court. The Parties, their respective attorneys, and the Claims Administrator are hereby directed to consummate the Settlement in accordance with this Order and the terms of the Settlement Agreement.
9. Notice of the Final Approval Hearing, the proposed application for attorneys' fees, costs, and expenses, and the proposed Service Award payments to the Plaintiffs have been provided to Settlement Class Members as directed by this Court's Orders, and an affidavit or declaration of the Settlement Administrator's compliance with the Notice Program proof of Notice has been filed with the Court.
10. The Court finds that such Notice as therein ordered, constitutes the best possible notice practicable under the circumstances and constitutes valid, due, and sufficient notice to all Settlement Class Members in compliance with the requirements of Federal Rule of Civil Procedure 23(c)(2)(B).
11. As of the final date of the Opt-Out Period (May 23, 2019), 0 potential Settlement Class Members have submitted a valid Opt-Out Request to be excluded from the Settlement.
12. 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 Approval Hearing, all other papers and documents comprising the record herein, and all oral arguments presented to the Court.
13. Pursuant to the Settlement Agreement, Accolade, the Claims Administrator, and the Claims Referee shall implement the Settlement in the manner and time frame as set forth therein.
14. Pursuant to the Settlement Agreement, Plaintiffs and the Settlement Class Members release claims against Accolade and all Released Persons, as defined in the Settlement Agreement, as follows:
Released Claims shall not include the right of any Settlement Class Member or any of the Released Persons to enforce the terms of the Settlement contained in this Settlement Agreement.
15. The matter is hereby dismissed with prejudice and without costs except that the Court reserves jurisdiction over the consummation and enforcement of the Settlement.
16. In accordance with Fed. R. Civ. P. 23, this Final Order and Judgment resolves all claims against all parties in this action is a final order. There is no just reason to delay the entry of final judgment in this matter and the Clerk is directed to file this Order as the final judgment in this matter.
17. Plaintiffs filed an uncontested Motion for Attorneys' Fees (Doc. No. 32) requesting that this Court award Class Counsel $300,000 in attorneys' fees; $5,000 for the reimbursement of reasonable costs and expenses; and service awards of $1,000 for both class representatives. The Court finds Plaintiffs' requests reasonable and awards: