Buffington v. The Progressive Corporation et al

Filing 156

ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT: Based on the Settlement Agreement, all of the files, records, and proceedings in this case, statements by counsel, and it appearing to the Court that a hearing should be held to determine whet her the Settlement Agreement should be finally approved as fair, reasonable, and adequate, the Court ORDERS as follows: 1. The Settlement Agreement (including Exhibits) is incorporated by reference in this Order, and all terms defined in the Settl ement Agreement will have the same meanings in this Order. 2. This Court has subject-matter jurisdiction over this Action and personal jurisdiction over all Parties to this Action, including the Plaintiff, all Settlement Class Members, and Progressi ve, as further set forth. 9. For purposes of determining whether the terms of the Settlement Agreement should be finally approved as fair, reasonable, and adequate-subject to Progressive retaining its rights to assert, if this Settlement Agreemen t is not ultimately approved, that this Court's previous Class Certification Order was incorrectly decided-the Court preliminarily certifies the following class for settlement purposes only, as further set forth. 10. Those excluded from the S ettlement Class are set forth in paragraphs 1-5 of Section XII in the Agreement. 11. Plaintiff Steven Buffington is appointed as representative of the Settlement Class ("Settlement Class Representative"), and the following attorneys are appointed as counsel for the Settlement Class ("Settlement Class Counsel"), as further set forth. 24. In sum, upon preliminary review, the Court finds that given the relief secured, the robust notice plan, and the simple claims submission process, it will likely be able to approve the terms of the Settlement Agreement as fair, reasonable, and adequate. As such, the terms of the proposed Settlement Agreement warrant providing notice to potential Settlement Class Members and the opport unity to request exclusion or object to the terms and scheduling a Fairness Hearing to determine whether to grant final approval, as further set forth. The Court will hold a Fairness Hearing, not sooner than ninety (90) days after entry of this Order , on August 6, 2024, at 10:00a.m. in Courtroom 620 locatedat The Honorable Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., White Plains, NY 10601-4150, during which the Court will consider whether the Proposed Settlement should be approved as fair, reasonable, and adequate, and whether the Court should enter a Final Order and Judgment approving the Settlement Agreement and dismissing this Action with prejudice and on the merits. The Court will also consid er the amount of any Attorneys' Fees Award and Expense Award and whether to make and the amount of any Service Award to Plaintiff. Class Counsel is directed to file any application for attorneys' fees, costs, and a service award no later th an fourteen (14) days prior to the deadline to file objections, as further set forth. Deadline for Class Counsel to file their application for attorneys' fees, costs, and expenses 7/2/2024. Deadline for Class Counsel to file their Motion for Final Approval of the Settlement 7/2/2024. 38. Upon a showing of good cause, the Court may extend any of the above deadlines without further notice to the Settlement Class. 39. All other proceedings in the Action are stayed until further order o f the Court, except that the Parties may conduct limited proceedings as necessary to implement or effectuate the Settlement Agreement. 40. Class Counsel and Progressive's Counsel are hereby authorized to utilize all reasonable procedures in co nnection with the administration of the Settlement Agreement which are not materially inconsistent with either this Order or the Settlement Agreement. IT IS SO ORDERED. (Motions due by 7/2/2024. Fairness Hearing set for 8/6/2024 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 3/27/2024) (mml)