United States District Court, M.D. Alabama, Southern Division
JULIE S. McGEE; ADAM PARKE MICHAEL HALL; as the named Executor of the Estate of Sandra Ha and JACK WHITTLE, individually and on behalf of all others similarly situated, Plaintiffs,
TRIAD OF ALABAMA, LLC, d/b/a FLOWERS HOSPITAL, Defendant.
ORDER AND FINAL JUDGMENT
KEITH WATKINS CHIEF UNITED STATES DISTRICT JUDGE
Julie S. McGee, Adam Parker, Michael Hall, and Jack Whittle
(the Representative Plaintiffs) filed a Second Amended Class
Action Complaint against Defendant Triad of Alabama, LLC
d/b/a Flowers Hospital in 2014. (Doc. # 25.) On July 18,
2018, the parties entered into a Settlement Agreement. (Doc.
December 17, 2018, the court held a fairness hearing to
determine the answers to six questions. First, are the terms
and conditions of the Settlement Agreement fair, reasonable,
and adequate for the settlement of all claims pending in this
action? Second, should the court approve the Settlement
Agreement? Third, should the court enter judgment dismissing
the Released Claims with prejudice in favor of Defendant and
against all persons or entities who are Settlement Class
Members? Fourth, should the court approve the plan of
distribution proposed in the Settlement Agreement as a fair
and reasonable method to allocate the Settlement proceeds
among the Settlement Class Members? Fifth, what is a
reasonable award of attorneys' fees and expenses to Class
Counsel? And sixth, how much should be awarded as Class
Class Members and Defendant were represented by counsel at
the fairness hearing. No objectors appeared before, during,
or after the hearing. Notice of the hearing, substantially in
the form approved by the court, was mailed to all Settlement
Class Members at the addresses in Defendant's records.
(Doc. # 131-1.)
the court are the Representative Plaintiffs' Motion for
Final Approval of Proposed Settlement, Final Certification of
the Class, an Incentive Award to the Class Representatives
and an Award of Attorneys' Fees and Expenses (Doc. # 130)
and Class Counsel's Petition for Award of Attorneys'
Fees and Expenses Related to Class Settlement and an
Incentive Award to the Class Representatives (Doc. # 127).
The parties consent to the entry of this Order. Based on the
submissions of the parties and the arguments of counsel, it
is ORDERED that:
court has jurisdiction over the subject matter of the action,
the Representative Plaintiffs, all Settlement Class Members,
and Defendant. The court adopts as its findings of fact all
stipulated and uncontradicted facts submitted by the parties
about this proposed class settlement, both in writing and in
court at the fairness hearing.
Under Federal Rule of Civil Procedure 23, the court confirms
the certification of this action as a class action on behalf
of the following Class:
All non-hospital patients of Flowers Hospital, as defined on
page four of the certification order, whose personal
identifying information or protected health information was
stolen or may have been stolen from Flowers Hospital by
Kamarian Millender and/or his accomplice(s). Excluded from
the class are the (i) owners, officers, directors, employees,
agents and/or representatives of Defendant and its parent
entities, subsidiaries, affiliates, successors, and/or
assigns, and (ii) the court, court personnel, and members of
their immediate families.
excluded from the Class are any individuals who previously
requested exclusion from the Class.
court finds that the 2018 amendments to Federal Rule of Civil
Procedure 23 do not apply here. Those amendments apply to
cases filed before December 2018 only if it is “just
and practicable” to do so. H.R. Doc. No. 115-119, at 2
(2018). Applying the amendments to this action is not
practicable because all proceedings about class certification
(other than final approval) took place under the prior rule.
That said, the court finds that the Settlement Agreement, the
parties' submissions, and the arguments made at the
fairness hearing satisfy the amended requirements for
approval of the Settlement Agreement.
September 20, 2018, the Settlement Administrator mailed
notices of the proposed settlement (the Notice) by
First-Class mail to the Settlement Class Members as shown on
the records maintained by Defendant. (Doc. # 131-1.) The
Notice fully complied with Federal Rule of Civil Procedure
23, due process, and all other applicable laws. By December
14, 2018, 61 of approximately 1, 196 Settlement Class Members
had returned claim forms. No objections to the proposed
Settlement Agreement were filed.
Settlement Class Members who could be identified with
reasonable effort were given due and adequate notice of the
proceedings, of the pendency of this action as a class
action, and of the proposed Settlement Agreement. The form
and method of notifying the Settlement Class Members of the
proceedings, of the pendency of this action as a class
action, and of the terms and conditions of the proposed
Settlement Agreement satisfied Federal Rule of Civil
Procedure 23, due process, and any other applicable law,
constituted the best notice practicable under the
circumstances, and provided due and sufficient notice to all
persons and entities entitled to notice.
Because the Settlement Class Members received due and
adequate notice of the proceedings, as well as a full
opportunity to participate in the fairness hearing, it is
determined that they are bound by this Order and Final
Settlement Agreement and the terms of the Settlement as
described in the Settlement Agreement and the Notice are
approved as fair, reasonable, and adequate. The Settlement
Class Members and the Settling Parties are directed to
consummate the Settlement Agreement in accordance its terms
and conditions. The benefits provided to any one Class
Representative or Class Member are fair and equitable
relative to the other Class Representatives and Class
Second Amended Class Action Complaint is dismissed without
costs, except as provided in the ...