Romero et al v. CenturyLink, Inc. et al

Filing 56

PRELIMINARY APPROVAL ORDER. Granting (466) Motion for Approval of Settlement in case 0:17-md-02795-MJD-KMM. Final Approval Hearing will be scheduled 8/27/2020 at 10:30 AM in Courtroom 13E.(Written Opinion) Signed by Judge Michael J. Davis on 1/24/2020. Associated Cases: 0:17-md-02795-MJD-KMM et al.(GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

IN RE: CENTURYLINK SALES
PRACTICES AND SECURITIES
LITIGATION

MDL No. 17-2795 (MJD/KMM)

PRELIMINARY APPROVAL ORDER
This Document Relates to:
17-2832, 17-4613, 17-4614, 17-4615,
17-4616, 17-4617, 17-4618, 17-4619,
17-4622, 17-4943, 17-4944, 17-4945,
17-4947, 17-5046, 18-1562, 18-1572,
18-1565, 18-1573,

On January 22, 2020, this Court heard Plaintiffs’ Motion for Preliminary Approval
of Class Action Settlement and Provisional Class Certification. 1 This Court reviewed the
Motion, including the Settlement Agreement and Release (“Settlement Agreement”).
Based on this review and the findings below, the Court found good cause to grant the
motion.
FINDINGS:
1.

The Court hereby preliminarily approves the Settlement Agreement and the

terms and conditions of settlement set forth therein, subject to further consideration at the
Final Approval Hearing.
2.

The Court has conducted a preliminary assessment of the fairness,

reasonableness, and adequacy of the Settlement Agreement, and hereby finds that the
settlement falls within the range of reasonableness meriting possible final approval. The

1

Capitalized terms in this Order, unless otherwise defined, have the same definitions as
those terms in the Settlement Agreement.
1

Court therefore preliminarily approves the proposed settlement as set forth in the
Settlement Agreement.
2.

The Long-Form Notice, Email Notice, Bill Notice, Postcard Notice,

Publication Notice, and Claim Form (all attached to the Settlement Agreement), and their
manner of transmission, comply with Rule 23 and due process because the notices and
forms are reasonably calculated to adequately apprise class members of (i) the pending
lawsuit, (ii) the proposed settlement, and (iii) their rights, including the right to either
participate in the settlement, exclude themselves from the settlement, or object to the
settlement.
3.

For settlement purposes only, the Court concludes the following:
a.

The Settlement Class is so numerous that joinder of all Class Members

is impracticable;
b.

There are questions of law and fact common to the Settlement Class,

which predominate over any questions affecting only individual Settlement Class
Members.
c.

The Settlement Class Representatives’ claims are typical of the

Settlement Class’s claims;
d.

The Settlement Class Representative and their counsel will fairly and

adequately protect the interests of the Settlement Class; and
e.

Class certification is superior to other available methods for the fair

and efficient adjudication of the controversy.
4.

CenturyLink, Inc. (“CenturyLink”) filed a copy of the notice it gave on
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October 24, 2019 pursuant to 28 U.S.C. § 1715(b) and the notice complies with the
requirements of 28 U.S.C. § 1715(b).
IT IS ORDERED THAT:
1.

Settlement Approval. The Settlement Agreement, including the Long-

Form Notice, Email Notice, Bill Notice, Postcard Notice, Publication Notice, and Claim
Form, attached to the Settlement Agreement as Exhibits 2-7 are preliminarily approved.
2.

Appointment of the Settlement Administrator and the Provision of Class

Notice. Rust Consulting, Inc. is appointed as the Settlement Administrator. CenturyLink
and the Settlement Administrator, will notify Class Members of the settlement in the
manner specified under Section 4 of the Settlement Agreement.
3.

Claim for a Settlement Award. Class Members who want to receive an

award under the Settlement Agreement must accurately complete and deliver a Claim Form
to the Settlement Administrator no later than one hundred and fifty-one (151) calendar days
after the entry of this Order.
4.

Objection to Settlement. Any Class Member who has not submitted a

timely written exclusion request pursuant to Paragraph 6 below and who wishes to object
to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed
Settlement, must deliver written objections to the Settlement Administrator no later one
hundred and fifty-one (151) calendar days after the entry of this Order. Objections must
be in writing and: (a) clearly identify the case name and number; (b) include the full name
and either the unique identification number for the Settlement Class Member assigned by
the Settlement Administrator, or the Settlement Class Member’s current or past account
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number with CenturyLink; (c) address, telephone number, and email address (optional) of
the objecting Settlement Class Member; (d) include the full name, address, telephone
number, and email address of the objector’s counsel, and the state bar(s) to which counsel
is admitted (if the objector is represented by counsel) and list of all other class actions the
objecting class member or his or her counsel has been involved in presenting objections
over the past five year period (whether or not the counsel appeared in the matter); (e)
provide a detailed explanation stating the specific reasons for the objection, including any
legal and factual support and any evidence in support of the objection; and (f) be verified
by an accompanying declaration submitted under penalty of perjury or a sworn affidavit
regarding the facts supporting the objector’s status as a member of the Settlement Class,
such as account number(s). Objections must be personally signed in ink by the objecting
Settlement Class member to be valid. Any Class Member who files and serves a written
objection, as described in this paragraph, has the option to appear at the Final Approval
Hearing, either in person or through personal counsel to object to the fairness,
reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or
to any award of class representative service awards or of attorneys’ fees and costs.
However, Settlement Class Members (with or without their attorneys) intending to make
an appearance at the Final Approval Hearing must include on a timely and valid objection
a statement substantially similar to “Notice of Intention to Appear.” Only Settlement Class
Members who submit timely objections including Notices of Intention to Appear may
speak at the Final Approval Hearing. If a Settlement Class Member makes an objection
through an attorney, the Settlement Class Member will be responsible for his or her
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personal attorney’s fees and costs. The objection will not be valid if it only objects to the
lawsuit’s appropriateness or its merits.
5.

Failure to Object to Settlement. Settlement Class Members who fail to

object to the Settlement Agreement in the manner specified above will: (1) be deemed to
have waived their right to object to the Settlement Agreement; (2) be foreclosed from
objecting (whether by a subsequent objection, intervention, appeal, or any other process)
to the Settlement Agreement; and (3) not be entitled to speak at the Final Approval Hearing.
6.

Requesting Exclusion. Settlement Class Members may elect to not be part

of the Class and to not be bound by this Settlement Agreement. To make this election,
Class Members must send a written notification to the Settlement Administrator that (a)
clearly identifies the case name and number; (b) includes the full name and either the
unique identification number for the Settlement Class Member assigned by the Settlement
Administrator, or the Settlement Class Member’s account number with CenturyLink; (c)
includes the address, telephone number (optional), and email address (optional) of the
Settlement Class Member seeking exclusion; (d) is signed by the Settlement Class
Member; and (e) contains a statement that the requestor does not wish to participate in the
Settlement. A request for exclusion must be submitted no later than one hundred and fiftyone (151) calendar days after entry of this Order. Settlement Class Members who are
opting out must each separately and individually comply with the requirements of this
paragraph.
7.

Provisional Class Certification. The Settlement Class is provisionally

certified as a class of all persons or entities in the United States who are identified by
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CenturyLink as a residential or small business customer and who, during the Class Period,
had an account for local or long distance telephone, internet, or television services with
one or more of the Operating Companies. Excluded from the class are the Court, the
officers and directors of CenturyLink, Inc. or any of the Operating Companies, and persons
who timely and validly request exclusion from the Settlement Class. The Class Period is
January 1, 2014 to date of entry of this Order.
8.

Conditional Appointment of Class Representative and Class Counsel.

Settlement Class Representatives are conditionally certified as the class representatives to
implement the Parties’ settlement in accordance with the Settlement Agreement. The law
firms of Zimmerman Reed LLP, O’Mara Law Group, and Geragos & Geragos APC are
conditionally appointed as Settlement Class Counsel. Settlement Class Representatives
and Settlement Class Counsel must fairly and adequately protect the Settlement Class’s
interests.
9.

Stay of Other Proceedings. The Court hereby orders that any actions or

proceedings in any court in the United States involving any Released Claims asserted by
any Releasing Parties, except any matters necessary to implement, advance, or further the
approval of the Settlement Agreement, are stayed pending the Final Approval Hearing and
issuance of any Final Order and Judgment.
10.

Injunction against Releasing Parties’ Pursuit of Released Claims.

Pending the Final Approval Hearing and issuance of the Final Approval Order and Final
Judgment, Releasing Parties are hereby enjoined from filing, commencing, prosecuting,
maintaining, intervening in, participating in (as class members or otherwise), or receiving
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any benefits from any class action or other lawsuit, arbitration, or administrative,
regulatory, or other proceeding in any jurisdiction based on or relating to the Released
Claims. The Court finds that issuance of this preliminary injunction is necessary and
appropriate in aid of the Court’s jurisdiction over this action. The Court finds no bond is
necessary for issuance of this injunction.
11.

Termination. If the Settlement Agreement terminates for any reason, the

following will occur: (a) provisional class certification will be automatically vacated;
(b) Settlement Class Representatives and Settlement Class Counsel will stop functioning
as class representatives and class counsel, except to the extent previously appointed by the
Court; and (c) this Action will revert to its previous status in all respects as it existed
immediately before the Parties executed the Settlement Agreement, other than as to
payments made to, or owed for work already incurred by, the Settlement Administrator.
Neither the Settlement nor this Order will waive or otherwise impact the Parties’ rights or
arguments.
12.

No Admissions. Nothing in this Order is, or may be construed as, an

admission or concession on any point of fact or law by or against any Party.
13.

Stay of Dates and Deadlines. All discovery and pretrial proceedings and

deadlines in this Action are stayed and suspended until further notice from the Court,
except for such actions as are necessary to implement the Settlement Agreement and this
Order.
14.

CAFA Notice. The Court finds that CenturyLink has complied with 28

U.S.C. § 1715(b).
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15.

Modifications. Counsel for the Parties are hereby authorized to utilize all

reasonable procedures in connection with the administration of the settlement which are
not materially inconsistent with either this Order or the terms of the Agreement. The
Parties may further modify the Settlement Agreement prior to the Final Approval Hearing
so long as such modifications do not materially change the terms of the settlement provided
therein. The Court may approve the Settlement Agreement with such modifications as may
be agreed to by the Parties, if appropriate, without further notice to Settlement Class
Members.
16.

Final Approval Hearing. On August 27, 2020, at 10:30 a.m., this Court

will hold a Fairness Hearing to determine whether the Settlement Agreement should be
finally approved as fair, reasonable, and adequate. Plaintiffs’ motion in support of final
approval of the settlement shall be filed on or before fourteen (14) calendar days before the
Final Approval Hearing. This Court may order the Fairness Hearing to be postponed,
adjourned, or continued. If that occurs, the updated hearing date shall be posted on the
Settlement Website but other than the website posting the Parties will not be required to
provide any additional notice to Settlement Class Members.
17.

Summary Timeline.

The Agreement and this Order provide for the

following timeline dates and deadlines related to the provision of notice and the Final
Approval Hearing:

8

Action
Last day for
CenturyLink
to provide the
Settlement
Administrator
the Class
Member list
Last day for
the Settlement
Administrator
to publish the
Settlement
Website and
begin
operating a
toll-free
telephone line,
and email
address and
P.O. Box to
accept
inquiries from
Settlement
Class
Members
Last day for
the Settlement
Administrator
to begin
Publication
Notice Plain

Timing
21 days
after entry
of this
Order

Citation
Settlement
Agreement
(S.A.) ¶ 4.1

45 days
after entry
of this
Order

S.A. ¶ 4.2

45 days
after entry
of this
Order

S.A. ¶ 4.5

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Action
Settlement
Administrator
provides Email
Notice to
Settlement
Class
Members that
are former
CenturyLink
customers
Settlement
Administrator
provides
Postcard
Notice to
Settlement
Class
Members that
are former
CenturyLink
customers
CenturyLink
starts
providing Bill
Notice to
Settlement
Class
Members that
are current
CenturyLink
customers
Last day for
Settlement
Class Counsel
to file motion
in support of
Fees, Cost and
Expense
Award

Timing
45 days
after entry
of this
Order

Citation
S.A. ¶ 4.4.2

45 days
after entry
of this
Order

S.A. ¶ 4.4.3

First
billing
cycle that
starts more
than 45
days after
entry of
this Order

S.A. ¶¶ 4.3.1
& 4.3.2

130 days
after entry
of this
Order

S.A. ¶ 7.2.1

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Action
Last day for
Settlement
Class
Members to
file Claim
Forms, object,
or request
exclusion from
the class
Last day for
Settlement
Administrator
and
CenturyLink
to provide
Settlement
Class Counsel
declarations
regarding
proof of notice
Last day for
Settlement
Class Counsel
to file brief in
support of
Final Approval

Timing
151
calendar
days after
the entry
of this
Order

Citation
S.A. ¶ 1.36

14 days
before
Final
Approval
Hearing

S.A. ¶ 7.2.2

14 days
before
Final
Approval
Hearing

Preliminary
Approval
Order ¶ 16

IT IS SO ORDERED.
Dated: January 24, 2020

s/ Michael J. Davis
Michael J. Davis
United States District Court Judge

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