Blackwell v. Kraemer North America, LLC

Filing 67

ORDER granting 56 Motion for Approval of Settlement; granting 64 Motion for Approval of Settlement. (Written Opinion) Signed by Judge Katherine M. Menendez on 8/30/2024. (BJP)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Robert Blackwell, on behalf of himself and
all others similarly situated,

No. 23-cv-1851 (KMM/LIB)

Plaintiff,
v.
Kraemer North America, LLC,
Defendant.

FINAL APPROVAL ORDER
WHEREAS, a class action is pending in this Court entitled Blackwell v. Kraemer
North America, LLC 0:23-cv-1851-KMM-LIB (the “Action”);
WHEREAS, Plaintiff ROBERT BLACKWELL, individually and on behalf of all
others similarly situated (collectively “Plaintiffs”) and Defendant KRAEMER NORTH
AMERICA, LLC (“Kraemer” or “Defendant”) have entered into a Settlement Agreement
(the “Settlement Agreement”) that settles the above-captioned litigation and provides for a
complete dismissal with prejudice of the claims asserted against Defendant in the abovecaptioned action (the “Action”) on the terms and conditions set forth in the Settlement
Agreement, subject to the approval of the Court;
WHEREAS, unless otherwise defined in this Judgment, the capitalized terms
herein shall have the same meaning as they have in the Settlement Agreement;

WHEREAS, by Order dated May 7, 2024 (“Preliminary Approval Order”), this
Court: (a) preliminarily approved the Settlement; (b) certified the Settlement Class solely
for purposes of effectuating the Settlement; (c) appointed Plaintiff as Class Representative;
(d) appointed Class Counsel as counsel for the Settlement Class; (e) appointed Simpluris,
Inc. as Settlement Administrator (f) ordered that notice of the proposed settlement be
provided to potential Settlement Class Members; (g) provided Settlement Class Members
with the opportunity either to exclude themselves from the Settlement Class or to object to
the proposed Settlement; and (h) scheduled a hearing regarding final approval of the
Settlement;
WHEREAS, due and adequate notice has been given to the Settlement Class;
WHEREAS, no Class Members submitted objections;
WHEREAS, one Class Member submitted a Request for Exclusion;
WHEREAS, the Court conducted a hearing on August 12, 2024 (the “Final
Approval Hearing”) to consider, among other things, (a) the Objection(s) to the Settlement;
(b) whether the terms and conditions of the Settlement were fair, reasonable and adequate
to the Settlement Class, and should therefore be approved; (c) whether Class Counsel’s
motion for Fee Award and Costs should be granted; (d) whether Class Representatives’
motion for Service Award Payment(s) should be granted; and (e) whether a judgment
should be entered dismissing the Action with prejudice as against Defendant; and
WHEREFORE, the Court having reviewed and considered the Settlement
Agreement, all papers filed and proceedings had herein connection with the Settlement, all

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oral and written comments received regarding the Settlement, and the record in the Action,
and good cause appearing therefor;

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1.

Jurisdiction: This Court has jurisdiction over the subject matter of the

Action, and all matters relating to the Settlement, as well as personal jurisdiction over all
of the Parties and each of the Settlement Class Members.
2.

Incorporation of Settlement Documents: This Judgment incorporates and

makes a part hereof: (a) the Settlement Agreement filed with the Court on April 26, 2024;
and (b) the Notice documents filed with the Court on April 26, 2024.
3.

Class Certification for Settlement Purposes: The Court hereby affirms its

determinations in the Preliminary Approval Order certifying, for the purposes of the
Settlement only, the Action as a class action pursuant to Rule 23 of the Federal Rules of
Civil Procedure on behalf of the Settlement Class consisting of all individuals who were
sent notification by Defendant that their personal information was or may have been
compromised in the Data Incident. Excluded from the Settlement Class are: (1) the judges
presiding over this Action, and members of their direct families; (2) Defendant, its
subsidiaries, parent companies, successors, predecessors, and any entity in which
Defendant or its parents have a controlling interest and their current or former officers,
directors, and employees; and (3) Settlement Class Members who submit a valid a Request
for Exclusion prior to the Opt-Out Deadline.

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4.

Adequacy of Representation: Pursuant to Rule 23 of the Federal Rules of

Civil Procedure, and for the purposes of the Settlement only, the Court hereby affirms its
determinations in the Preliminary Approval Order certifying Plaintiffs and Class
Representatives for the Settlement Class and appointing Class Counsel to serve as counsel
for the Settlement Class.

Plaintiffs and Class Counsel have fairly and adequately

represented the Settlement Class both in terms of litigating the Action and for purposes of
entering into and implementing the Settlement and have satisfied the requirements of
Federal Rules of Civil Procedure 23(a)(4) and 23(g), respectively.
5.

Notice: The Court finds that the dissemination of the Notice: (a) was

implemented in accordance with the Preliminary Approval Order; (b) constituted the best
notice practicable under the circumstances; (c) constituted notice that was reasonably
calculated, under the circumstances, to apprise Settlement Class Members of (i) the
pendency of the Action, (ii) the effect of the proposed Settlement (including the releases to
be provided thereunder), (iii) Class Counsel’s motion for a Fee Award and Costs, (iv) Class
Representatives’ motion for a Service Award Payment(s), (v) their right to object to any
aspect of the Settlement, Class Counsel’s motion for a Fee Award and Costs, and/or Class
Representatives’ motion for a Service Award Payment(s), (vi) their right to exclude
themselves from the Settlement Class, and (vii) their right to appear at the Final Approval
Hearing; (d) constituted due, adequate and sufficient notice to all persons and entities
entitled to receive notice of the proposed Settlement; and (e) satisfied the requirements of
Rule 23 of the Federal Rules of Civil Procedure, the United States Constitution (including
the Due Process Clause), and all other applicable law and rules.
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6.

Objection: No objections were received.

7.

Final Settlement Approval and Dismissal of Claims: Pursuant to, and in

accordance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby fully
and finally approves the Settlement set forth in the Settlement Agreement in all respects
(including, without limitation: the amount of the Settlement Fund; the Releases provided
for in the Settlement Agreement; and the dismissal with prejudice of the claims asserted
against Defendant in the Action), and finds that the Settlement is, in all respects, fair,
reasonable and adequate to the Settlement Class. The Parties are directed to implement,
perform and consummate the Settlement in accordance with the terms and provisions
contained in the Settlement Agreement.
8.

Upon the Effective Date, the Action shall be, and hereby is dismissed with

prejudice in its entirety as to the Defendant, with each party to bear their own costs and
attorneys’ fees, except as provided in the Settlement Agreement, and all of the claims of
the Settlement Class Members shall be, and hereby are, dismissed and released pursuant to
the Settlement Agreement.
9.

Binding Effect: The terms of the Settlement Agreement and this Judgment

shall be forever binding on Defendant, Plaintiffs, and all other Settlement Class Members
(regardless of whether or not any individual Settlement Class Member submitted a Claim
Form or seeks or obtains a distribution or benefits from the Net Settlement Fund), as well
as their respective successors and assigns.
10.

Releases: The releases set forth in the Settlement Agreement are expressly

incorporated herein in all respects. The releases are effective as of the Effective Date.
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Accordingly, this Court orders that, upon the Effective Date, and in consideration of the
Settlement benefits described in the Settlement Agreement, each Releasing Party shall be
deemed to have released, acquitted, and forever discharged Defendant and each of the
Released Parties from any and all Released Claims.
11.

Notwithstanding Paragraph 10 above, nothing in this Judgment shall bar any

action by any of the Parties to enforce or effectuate the terms of the Settlement Agreement
or this Judgment.
12.

Rule 11 Findings: The Court is unaware of any noncompliance with the

requirements of Rule 11 of the Federal Rules of Civil Procedure by the Parties and their
respective counsel in connection with the institution, prosecution, defense and settlement
of the Action.
13.

No Admissions: This Judgment and Order, and the Settlement Agreement,

and all papers related thereto, are not, and shall not be construed to be, an admission by the
Defendant of any liability, claim or wrongdoing in this Action or in any other proceeding.
14.

Retention of Jurisdiction: Without affecting the finality of this Judgment

in any way, this Court retains continuing and exclusive jurisdiction over: (a) the Parties for
purposes of the administration, interpretation, implementation and enforcement of the
Settlement; (b) the disposition of the Settlement Fund; (c) Class Counsel’s motion for a
Fee Award and Costs; (d) Class Representatives’ motion for a Service Award Payment(s);
and (e) the Settlement Class Members for all matters relating to the Action.
15.

A separate order shall be entered regarding Class Counsel’s motion for a Fee

Award and Costs and Class Representatives’ motion for a Service Award Payment(s).
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Such orders shall in no way affect or delay the finality of this Judgment and shall not affect
or delay the Effective Date of the Settlement.
16.

Modification of the Agreement of Settlement: Without further approval

from the Court, Plaintiffs and Defendant are hereby authorized to agree to and adopt such
amendments or modifications of the Settlement Agreement or any exhibits attached thereto
to effectuate the Settlement that: (a) are not materially inconsistent with this Judgment; and
(b) do not materially limit the rights of Settlement Class Members in connection with the
Settlement. Without further order of the Court, Plaintiffs and Defendant may agree to
reasonable extensions of time to carry out any provisions of the Settlement.
17.

Termination of Settlement: If the Settlement is terminated as provided in

the Settlement Agreement or the Effective Date of the Settlement otherwise fails to occur,
this Judgment shall be vacated, rendered null and void and be of no further force and effect,
except as otherwise provided by the Settlement Agreement, and this Judgment shall be
without prejudice to the rights of Plaintiffs, the other Settlement Class Members and
Defendant, and the Parties shall revert to their respective positions in the Action, as
provided in the Settlement Agreement.
18.

Entry of Judgment: There is no just reason for delay of entry of this

Judgment as a final judgment in this Action. Accordingly, the Clerk of the Court is
expressly directed to immediately enter this final Judgment in the Action.
Let Judgment be entered accordingly.
Date: August 30, 2024

s/Katherine Menendez
Katherine Menendez
United States District Judge
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EXHIBIT A
Opt-Out List
FirstName
Robert
Tyler
Aaron D
Nathan
Nickolas

LastName
Lager IV
Meis
Magnuson
Flogel
Flogel

Address
7123 Imperial Rd
6350 Hilda Ave N
1951 Whispering LN SE
60 Oakridge Dr
7924 Coyote Ct

City
Royalton
New Germany
Eyota
Newport
Dubuque

State
Minnesota
Minnesota
Minnesota
Minnesota
Iowa

Zip
56373-3833
55367-9715
55934-3609
55055-1700
52003-9502

Country
USA
USA
USA
USA
USA