Williams et al v. Facebook, Inc.

Filing 258

ORDER RE 252 GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT by Chief Judge Richard Seeborg. (rslc2, COURT STAFF) (Filed on 10/20/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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LAWRENCE OLIN, HAROLD NYANJOM,
SHERON SMITH-JACKSON, JANICE
VEGA-LATKER, MARC BOEHM, and
RAVEN WINHAM, individually and on
behalf of all others similarly situated,

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FINAL ORDER AND
JUDGMENT

Plaintiffs,

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Case No. 3:18-cv-01881-RS

v.
FACEBOOK, INC.,
Defendant.

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FINAL ORDER APPROVING CLASS
ACTION SETTLEMENT

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The Court has considered the Class Action Settlement Agreement (“Settlement
Agreement”) between Plaintiffs Lawrence Olin, Harold Nyanjom, Sheron Smith-Jackson, Janice
Vega-Latker, Marc Boehm, and Raven Winham (“Plaintiffs”) and Defendant Facebook, Inc., now
known as Meta Platforms, Inc. (“Defendant” or “Meta”), dated May 13, 2022, the motion for an
order finally approving the Settlement Agreement, the record in this Action, the arguments and
recommendations made by counsel, and the requirements of the law. The Court finds and orders
as follows:
I.

FINAL APPROVAL OF THE SETTLEMENT AGREEMENT
1.

The Settlement Agreement is approved under Rule 23 of the Federal Rules of Civil

Procedure. The Court finds that the Settlement Agreement and the Settlement it incorporates
appear fair, reasonable, and adequate, and its terms are within the range of reasonableness. The
Settlement Agreement was entered into at arm’s-length by experienced counsel after extensive
negotiations spanning months, including with the assistance of a third-party mediator. The Court
finds that the Settlement Agreement is not the result of collusion.
II.

DEFINED TERMS
2.

For the purposes of this Final Approval Order and Final Judgment (“Order”), the

Court adopts all defined terms as set forth in the Settlement Agreement.
III.

NO ADMISSIONS AND NO EVIDENCE
3.

This Order, the Settlement Agreement, the Settlement provided for therein, and

any proceedings taken pursuant thereto, are not, and should not in any event be offered, received,
or construed as evidence of, a presumption, concession, or an admission by any Party or any of
the Released Parties of wrongdoing, to establish a violation of any law or duty, an admission that
any of the practices at issue violate any laws or require any disclosures, any liability or nonliability, the certifiability or non-certifiability of a litigation class in this case, or any
misrepresentation or omission in any statement or written document approved or made by any
Party.

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FINAL ORDER APPROVING CLASS
ACTION SETTLEMENT

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IV.

JURISDICTION
4.

For the purposes of the Settlement of the Action, the Court finds it has subject

matter and personal jurisdiction over the Parties, including all Settlement Class Members, and
venue is proper.
V.

CLASS CERTIFICATION OF RULE 23(B)(2) CLASS FOR SETTLEMENT
PURPOSES ONLY
5.

The Court finds and concludes that, for the purposes of approving this Settlement

only, the proposed Rule 23(b)(2) Settlement Class meets the requirements for certification under
Rule 23 of the Federal Rules of Civil Procedure: (a) the Settlement Class is so numerous that
joinder of all members is impracticable; (b) there are questions of law or fact common to the
Settlement Class; (c) the claims or defenses of the Settlement Class Representatives are typical of
the claims or defenses of the Settlement Class; (d) Settlement Class Representatives and Class
Counsel will fairly and adequately protect the interests of the Settlement Class because Settlement
Class Representatives have no interests antagonistic to the Settlement Class, and have retained
counsel who are experienced and competent to prosecute this matter on behalf of the Settlement
Class; and (e) the Defendant has acted on grounds that apply generally to the Settlement Class, so
that final injunctive relief is appropriate respecting the Settlement Class as a whole.
6.

The Settlement Agreement was reached after extensive investigation and motion

practice in the Action, and was the result of protracted negotiations conducted by the Parties, over
the course of several months, including with the assistance of a neutral mediator. Settlement
Class Representatives and Class Counsel maintain that the Action and the claims asserted therein
are meritorious and that Settlement Class Representatives and the Class would have prevailed at
trial. Defendant denies the material factual allegations and legal claims asserted by Settlement
Class Representatives in this Action, maintains that a class would not be certifiable under any
Rule, and that the Settlement Class Representatives and Class Members would not prevail at trial.
Notwithstanding the foregoing, the Parties have agreed to settle the Action pursuant to the
provisions of the Settlement Agreement, after considering, among other things: (a) the benefits to
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FINAL ORDER APPROVING CLASS
ACTION SETTLEMENT

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the Settlement Class Representatives and the Settlement Class under the terms of the Settlement
Agreement; (b) the uncertainty of being able to prevail at trial; (c) the uncertainty relating to
Defendant’s defenses and the expense of additional motion practice in connection therewith;
(d) obstacles to establishing entitlement to class-wide relief; (e) the attendant risks of litigation,
especially in complex actions such as this, as well as the difficulties and delays inherent in such
litigation and appeals; and (f) the desirability of consummating the Settlement promptly in order
to provide effective relief to the Settlement Class Representatives and the Settlement Class.
7.

The Court accordingly certifies, for settlement purposes only, a class under Rule

23(b)(2), consisting of all persons in the United States who installed the Facebook Messenger and
Facebook Lite apps for Android, and granted Meta permission to access their contacts. Excluded
from the Settlement Class are (i) all Persons who are directors, officers, and agents of Meta or its
subsidiaries and affiliated companies or are designated by Meta as employees of Meta or its
subsidiaries and affiliated companies; and (ii) the Court, the Court’s immediate family, and Court
staff, as well as any appellate court to which this matter is ever assigned, and its immediate family
and staff.
VI.

NOTICE
8.

Notice of the settlement is not required here. See Fed. R. Civ. P. 23(c)(2)(A)

(stating that under Rule 23(b)(2) the court “may direct appropriate notice to the class”) (emphasis
added). The Court finds that notice also is not required because the Settlement Agreement only
releases claims for injunctive and/or declaratory relief and does not release the monetary or
damages claims of the Class, and thus the settlement expressly preserves the individual
rights of class members to pursue monetary claims against the defendant. See, e.g., Stathakos v.
Columbia Sportswear Co., et al., 2018 WL 582564, at *3-4 (N.D. Cal. Jan. 25, 2018); Lilly v.
Jamba Juice Co., 2015 WL 1248027, at *8-9 (N.D. Cal. Mar. 18, 2015); Kim v. Space Pencil,
Inc., 2012 WL 5948951, at *4, 17 (N.D. Cal. Nov. 28, 2012). Nonetheless, pursuant to the
Settlement Agreement, all documents pertaining to the Settlement, preliminary approval, and

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FINAL ORDER APPROVING CLASS
ACTION SETTLEMENT

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final approval (including Plaintiffs’ motion for attorneys’ fees and incentive awards and any
opposition or reply papers thereto), were posted on Class Counsel’s public website.
VII.

CLAIMS COVERED AND RELEASES
9.

This Order constitutes a full, final and binding resolution between the Class

Representatives’ Releasing Parties, on behalf of themselves and the Settlement Class Members,
and the Released Parties. This Release shall be applied to the maximum extent permitted by law.
10.

Upon the Effective Date and by operation of this Order, the Settlement Class

Representatives’ Releasing Parties will fully, finally, and forever release, relinquish, and
discharge any and all Settlement Class Representatives’ Released Claims, including claims for
monetary relief and damages, known and unknown, as well as provide a waiver under California
Civil Code Section 1542. Settlement Class Representatives’ Releasing Parties are forever
enjoined from taking any action seeking any relief against the Released Parties based on any
Settlement Class Representatives’ Released Claims.
11.

Upon the Effective Date and by operation of this Order, the Releasing Parties will

fully, finally, and forever release, relinquish, and discharge the Settlement Class Members’
Released Claims (as well as provide a waiver under California Civil Code Section 1542),
including any and all claims for injunctive and/or declaratory relief of any kind or character, at
law or equity, known or unknown, preliminary or final, under Federal Rule of Civil Procedure
23(b)(2) or any other federal or state law or rule of procedure, from the Releasing Parties’ first
interaction with Meta up until and including the Effective Date, that result from, arise out of, are
based on, or relate in any way to the practices and claims that were alleged in the Action, except
that, notwithstanding the foregoing, the Releasing Parties do not release claims for monetary
relief or damages. The Releasing Parties are forever enjoined from taking any action seeking
injunctive and/or declaratory relief against the Released Parties based on any Settlement Class
Members’ Released Claims.
12.

Upon the Effective Date and by operation of this Order, Meta will fully, finally,

and forever release, relinquish, and discharge any and all Meta’s Released Claims against the
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FINAL ORDER APPROVING CLASS
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Settlement Class Representatives’ Releasing Parties, from the Settlement Class Representatives’
first interaction with Meta up until and including the Effective Date, that result from, arise out of,
are based on, or relate in any way to the practices and claims that were alleged in the Action.
Meta is forever enjoined from taking any action seeking any relief against the Settlement Class
Representatives’ Releasing Parties based on any of Meta’s Released Claims.
13.

The Settlement Agreement and this Order shall be the exclusive remedy for any

and all Released Claims of the Settlement Class Representatives, Settlement Class Members, and
Meta.
VIII. INJUNCTIVE RELIEF
14.

Meta shall delete all Call and Text History Data uploaded from persons in the

United States though the Facebook Messenger or Facebook Lite apps for Android devices that
Meta is not otherwise legally obligated to preserve by jurisdictions outside of the United States
within 45 days of the effective date (which shall be seven (7) days after the final settlement
approval order and final judgment have been entered and become Final). Any data retained
because of continuing legal obligations will be quarantined in access-controlled data warehouse
tables that are segregated from any systems used or accessed in the ordinary course of Meta’s
business, and access to this data is limited to Meta’s Legal team. Any such data will be preserved
and used solely in connection with any legal obligations and not for any business use, and Meta
will delete all such data within 45 days of the expiration of any legal obligation to preserve it.
IX.

ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS
15.

The Court’s decision regarding the payment of attorneys’ fees and expenses to

Class Counsel and incentive awards to the Settlement Class Representatives is addressed in a
separate order.
X.

AUTHORIZATION TO PARTIES TO IMPLEMENT AGREEMENT AND
MODIFICATIONS OF AGREEMENT
16.

By this Order, the Parties are hereby authorized to implement the terms of the

Settlement Agreement. After the date of entry of this Order, the Parties may by written
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FINAL ORDER APPROVING CLASS
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agreement effect such amendments, modifications, or expansions of the Settlement Agreement
and its implementing documents (including all exhibits thereto) without further approval by the
Court if such changes are consistent with terms of this Order and do not materially alter, reduce,
or limit the rights of Settlement Class Members under the Settlement Agreement.
XI.

TERMINATION
17.

In the event that the Settlement Agreement is terminated pursuant to the terms of

the Settlement Agreement, (a) the Settlement Agreement and this Order shall become void, shall
have no further force or effect, and shall not be used in any action or other proceedings for any
purpose other than as may be necessary to enforce the terms of the Settlement Agreement that
survive termination; (b) this matter will revert to the status that existed before execution of the
Settlement Agreement; and (c) no term or draft of the Settlement Agreement or any part of the
Parties’ settlement discussions, negotiations, or documentation (including any briefs filed in
support of preliminary or final approval of the Settlement) shall (i) be admissible into evidence
for any purpose in any action or other proceeding other than as may be necessary to enforce the
terms of the Settlement Agreement that survive termination, (ii) be deemed an admission or
concession by any Party regarding the validity of any Released Claim or the propriety of
certifying any class against Meta, or (iii) be deemed an admission or concession by any Party
regarding the truth or falsity of any facts alleged in the Action or the availability or lack of
availability of any defense to the Released Claims.
XII.

RETENTION OF JURISDICTION
18.

The Court shall retain jurisdiction over any claim relating to the Settlement

Agreement (including all claims for enforcement of the Settlement Agreement and/or all claims
arising out of a breach of the Settlement Agreement) as well as any future claims by any
Settlement Class Member relating in any way to the Released Claims.
XIII. FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE
19.

By operation of this Order, this Action is hereby dismissed with prejudice.

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FINAL ORDER APPROVING CLASS
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DATED: ___October 20, 2023____

_______________________________
Hon. Richard Seeborg
Chief United States District Judge

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FINAL ORDER APPROVING CLASS
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