Preliminary Approval Order

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ROBERT JAHODA, and APRIL NGUYEN,
individually and on behalf of all others
similarly situated,

Plaintiffs,
v.
REDBOX AUTOMATED RETAIL, LLC,
Defendant.

Case No. 2:14-cv-1278-LPL

Filed Electronically

ORDER GRANTING PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, DIRECTING THE DISSEMINATION OF NOTICE AND SCHEDULING A FINAL SETTLEMENT HEARING (Exhibit A)

The Court has considered the Class Action Settlement Agreement and its exhibits; the Parties’ motion for an order preliminarily approving a class action settlement directing the dissemination of notice and setting a final settlement hearing; and all other papers filed in this action. The matter having been submitted and good cause appearing therefore:

The Court finds as follows:

  1. All defined terms contained herein shall have the same meanings as set forth in the Class Action Settlement Agreement executed by the Settling Parties and filed with this Court (the “Settlement Agreement”);
  2. The Class Representatives and Redbox, through their counsel of record in the Litigation, have reached an agreement to settle all claims in the Litigation;
  3. The proposed Settlement Class is hereby preliminarily certified pursuant to Rule 23(b)(2) for purposes of settlement. The Settlement Class is defined as:

    All Legally Blind1 individuals who have attempted, or will attempt, or have been deterred from attempting to use Redbox Kiosks in all 50 states and the District of Columbia except California.

  4. The Court preliminarily concludes that, for the purposes of approving this Settlement only and for no other purpose and with no other effect on the Litigation, should the proposed Settlement Agreement not ultimately be approved or should the Effective Date not occur, the proposed Settlement Class likely meets the requirements for certification under Rule 23 of the Federal Rules of Civil Procedure: (a) the proposed Class is ascertainable and so numerous that joinder of all members of the class is impracticable; (b) there are questions of law or fact common to the proposed Class, and there is a well-defined community of interest among members of the proposed Class with respect to the subject matter of the Litigation; (c) the claims of the Class Representatives are typical of the claims of the members of the proposed Class; (d) the Class Representatives will fairly and adequately protect the interests of the Members of the Class; (e) the counsel of record for the Class Representatives are qualified to serve as counsel for the Class Representatives in their own capacities as well as their representative capacities and for the Class; and (f) Redbox has acted or refused to act on grounds that apply generally to the Class, so that final injunctive relief is appropriate respecting the Class as a whole;
  5. The Parties also have presented to the Court, for review, a Class Action Settlement Agreement. The Settlement Agreement proposes a Settlement that is within the range of reasonableness and meets the requirements for preliminary approval; and
  6. The Parties have presented to the Court, for review, a plan to provide Notice to the proposed Class of the terms of the Settlement. The Notice will be published consistent with the Settlement Agreement. The Notice proposed by the Settling Parties is reasonable under the circumstances, consistent with Fed. R. Civ. P. 23(e)(1).

Good cause appearing, therefore, IT IS HEREBY ORDERED that:

  1. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Class Action Settlement Agreement is preliminarily approved.
  2. Notice of the proposed Settlement shall be given by issuance of publication Notice consistent with the terms of the Settlement Agreement in the January 2016 issue of the American Council of the Blind’s Braille Forum and in the January 2016 issue of the National Federation of the Blind’s The Braille Monitor. A website link contained in the Notice will direct Class Members to a website maintained by Class Counsel, www.redboxadasettlement.com, which will host additional information regarding the Settlement Agreement.
  3. Any Settlement Class Member may object to the proposed Agreement by filing, within sixty (60) days of the publication Notice to the Settlement Class, written objections with the Clerk of the Court. Only such objecting Settlement Class Members shall have the right, and only if they expressly seek it in their objection, to present objections orally at the Fairness Hearing. Responses by Redbox and Class Counsel to any timely-filed objections shall be made no less than fourteen (14) business days before the Fairness Hearing.
  4. A hearing shall be held before this Court on April 27, 2016 at 10:00 AM in Courtroom 7B to consider whether the Settlement should be given final approval by the Court.
  5. In the event that the Effective Date occurs, all Class Members (including all known and unknown Members) will be deemed to have forever released and discharged the Released Claims. In the event that the Effective Date does not occur for any reason whatsoever, the Settlement Agreement shall be deemed null and void and shall have no effect whatsoever.

DATED: ______________________ ___________________________________
Lisa Pupo Lenihan
United States Magistrate Judge

1) “Legally Blind” individuals include all persons with visual impairments who meet the legal definition of blindness in that they have a visual acuity with correction of less than or equal to 20 x 200 in the better eye, or they have a visual field limitation such that the widest diameter of the visual field, in the better eye, subtends an angle no greater than 20 degrees, as measured with a Goldmann III4e or equivalent size stimulus. Some people who meet this definition have limited vision. Others have no vision.