Heather Hillbom, individually and on behalf of all others similarly situated v....
Heather Hillbom, individually and on behalf of all others similarly situated v....
Trial Court Opinion
1 Abbas Kazerounian, Esq. (admitted pro hac vice) 2 Mona Amini, Esq. Nevada Bar No. 15381 3 Gustavo Ponce, Esq. Nevada Bar No. 15084 4 KAZEROUNI LAW GROUP, APC 6940 S. Cimarron Road, Suite 210 5 Las Vegas, Nevada 89113 Telephone: (800) 400-6808 6 Facsimile: (800) 520-5523 [email protected] 7 [email protected] 8 Attorneys for Plaintiff and the Settlement Class 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 HEATHER HILLBOM, individually and on Case No.: 2:24-cv-00664-JAD-EJY behalf of all others similarly situated, 13 Plaintiff, ORDER GRANTING FINAL APPROVAL 14 OF CLASS ACTION SETTLEMENT AND vs. AWARD OF ATTORNEYS’ FEES, 15 COSTS, AND SERVICE AWARD and CLOSING CASE 16 R1 RCM INC. and DIGNITY HEALTH d/b/a DIGNITY HEALTH - ST. ROSE DOMINICAN 17 HOSPITAL, ROSE DE LIMA CAMPUS, 18 Defendants. 19 20 21 Before the Court is Plaintiff Heather Hillbom’s (“Plaintiff” or “Class Representative”) Motion 22 for Final Approval of Class Action Settlement (the “Final Approval Motion”) and Motion for Class 23 Counsel’s Fee Award and Costs, and Service Award to the Class Representative. Having reviewed 24 and considered the Settlement Agreement, motion papers, and having conducted a Final Approval 25 Hearing, the Court makes the findings and grants the relief set forth below approving the Settlement 26 upon the terms and conditions set forth in this Order. 27 WHEREAS, on July 14, 2025, the Court entered an Order Granting Preliminary Approval of 1 (a) conditionally certified this matter as a class action, including defining the class and class claims, 2 (b) appointed Plaintiff as the Class Representative and Abbas Kazerounian, Mona Amini, and 3 Gustavo Ponce of Kazerouni Law Group, APC as Class Counsel, (c) preliminarily approved the 4 Settlement Agreement; (d) approved the form and manner of Notice to the Settlement Class; (d) set 5 deadlines for requests for exclusion and objections; (e) approved and appointed Simpluris, Inc. as the 6 Settlement Administrator; and (f) set the date for the Final Approval Hearing; 7 WHEREAS, on July 31, 2025, pursuant to the Notice requirements set forth in the Settlement 8 Agreement and in the Preliminary Approval Order, the Settlement Class was notified of the terms of 9 the proposed Settlement Agreement, of the right of Settlement Class Members to submit a Claim, to 10 request exclusion from or object to the Settlement Agreement, and to be heard at a Final Approval 11 Hearing; 12 WHEREAS, on November 14, 2025, the Court held a Final Approval Hearing to determine, 13 inter alia: (1) whether the terms and conditions of the Settlement Agreement are fair, reasonable, and 14 adequate for the release of the claims contemplated by the Settlement Agreement; and (2) whether 15 judgment should be entered dismissing this action with prejudice. Therefore, the Court is satisfied 16 that Settlement Class Members were properly notified of their right to appear at the Final Approval 17 Hearing in support of or in opposition to the proposed Settlement Agreement, the Fee Award and 18 Costs to Class Counsel, and the payment of a Service Award to the Class Representative; 19 WHEREAS, the Court not being required to conduct a trial on the merits of the case or 20 determine with certainty the factual and legal issues in dispute when determining whether to approve 21 a proposed class action settlement; 22 WHEREAS, the Court being required under Federal Rule of Civil Procedure 23(e) to make 23 the findings and conclusions hereinafter set forth for the limited purpose of determining whether the 24 settlement should be approved as being fair, reasonable, adequate and in the best interests of the 25 Settlement Class; and 26 WHEREAS, having given an opportunity to be heard to all requesting persons in accordance 27 with the Preliminary Approval Order, having heard the presentation of Class Counsel and Defendants’ 1 Agreement, having determined that the Settlement Agreement is fair, reasonable, and adequate, 2 having considered the application made by Settlement Class Counsel for Fee Award and Costs, and 3 the application for a Service Award to the Class Representative Plaintiff, and having reviewed the 4 materials in support thereof, and good cause appearing therefor, 5 IT IS ORDERED that: 6 1. The Court has jurisdiction over the subject matter of this Action and over all claims 7 raised therein and all Parties thereto, including the Settlement Class. 8 2. The Settlement involves allegations in Plaintiff’s Class Action Complaint against 9 Defendants for failure to implement or maintain adequate data security measures and safeguards to 10 protect PII and PHI, which Plaintiff alleges directly and proximately caused injuries to Plaintiff and 11 Settlement Class Members. 12 3. The Settlement does not constitute an admission of liability by Defendants, and the 13 Court expressly does not make any finding of liability or wrongdoing by Defendants. 14 4. In this Order Granting Final Approval of Class Action Settlement (“Final Approval 15 Order”), unless otherwise indicated, initialisms (e.g., PII) and words or phrases spelled with initial 16 capital letters have the same meaning as set forth in the Settlement Agreement. 17 5. The Court, having reviewed the terms of the Settlement Agreement submitted by the 18 Parties pursuant to Federal Rule of Civil Procedure 23(e)(2), grants final approval of the Settlement 19 Agreement and, for purposes of the Settlement Agreement and this Final Approval Order only, hereby 20 finally certifies the following Settlement Class: 21 All individuals whose PII and/or PHI was potentially impacted in the 22 Data Incident who were sent notice of the Data Incident by Defendants. 23 Specifically excluded from the Settlement Class are Defendants, the Released Parties, and their 24 officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion 25 from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) 26 any other person found by a court of competent jurisdiction to be guilty under criminal law of 27 initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who 1 6. The Settlement was entered into in good faith following arm’s length negotiations and 2 is non-collusive. The Settlement is in the best interests of the Settlement Class and is therefore 3 approved. The Court finds that the Parties faced significant risks, expenses, delays, and uncertainties, 4 including as to the outcome, including on appeal, of continued litigation of this complex matter, which 5 further supports the Court’s finding that the Settlement Agreement is fair, reasonable, adequate, and 6 in the best interests of the Settlement Class Members. The Court finds that the uncertainties of 7 continued litigation in both the trial and appellate courts, as well as the expense associated with it, 8 weigh in favor of approval of the settlement reflected in the Settlement Agreement. 9 7. The Settlement Agreement provides, in part, and subject to a more detailed description 10 of the settlement terms in the Settlement Agreement, for: 11 a. Settlement Administration as outlined in the Settlement Agreement, whereby 12 Settlement Class Members can submit claims that will be evaluated by a 13 Settlement Administrator. 14 b. All costs of Settlement Administration to be paid from the Settlement Fund, 15 including the cost of the Settlement Administrator, instituting Notice, 16 processing and administering claims, and preparing and mailing checks. 17 c. Subject to the approval and award of the Court, a Fee Award and Costs to Class 18 Counsel and a Service Award to the Class Representative to be paid from the 19 Settlement Fund. 20 8. The Court readopts and incorporates herein by reference its preliminary conclusions 21 as to the satisfaction of Federal Rule of Civil Procedure 23(a) and (b)(3) set forth in the Preliminary 22 Approval Order and notes that because this certification of the Settlement Class is in connection with 23 the Settlement Agreement rather than litigation, the Court need not address any issues of 24 manageability that may be presented by certification of the class proposed in the Settlement 25 Agreement. 26 9. The terms of the Settlement Agreement are fair, adequate, and reasonable and are 27 hereby approved, adopted, and incorporated by the Court. Notice of the terms of the Settlement, the 1 Counsel’s application for Fee Award and Costs, and the Service Award payment to the Class 2 Representative have been provided to Settlement Class Members as directed by this Court’s orders, 3 and proof of Notice has been filed with the Court. 4 10. The Court finds that the Notice Program, set forth in the Settlement Agreement and 5 effectuated pursuant to the Preliminary Approval Order, provided the best notice practicable under 6 the circumstances, was reasonably calculated to provide and did provide due and sufficient notice to 7 the Settlement Class of the pendency of the Action, certification of the Settlement Class for settlement 8 purposes only, the existence and terms of the Settlement Agreement, and their right to object and to 9 appear at the Final Approval Hearing or to exclude themselves from the Settlement Agreement, and 10 satisfied the requirements of the Federal Rules of Civil Procedure, the United States Constitution, and 11 other applicable law. 12 11. The Court finds that Defendants have fully complied with the notice requirements of 13 the Class Action Fairness Act of 2005,
28 U.S.C. § 1715. 14 12. As of the Request for Exclusion Deadline, one Settlement Class Member has requested 15 to be excluded from the Settlement. The individual identified in Exhibit A attached hereto and 16 incorporated by this reference, who has submitted timely and valid Request for Exclusion, is not 17 releasing any claims, and is not bound by the terms of the Settlement Agreement or this Final 18 Approval Order. The individual identified in Exhibit A will not share in the benefits of the Settlement, 19 and this Order does not affect their legal rights to pursue any claims they may have against Defendants 20 or the Released Parties. 21 13. All Settlement Class Members who have not objected to the Settlement Agreement in 22 the manner provided in the Settlement Agreement are deemed to have waived any objections by 23 appeal, collateral attack, or otherwise. 24 14. The Court has considered all the documents filed in support of the Settlement 25 and has fully considered any matters raised, any exhibits and affidavits filed, the arguments of 26 counsel at the Final Approval Hearing, and any other papers and documents comprising the 27 record herein. 1 15. The Parties, their respective attorneys, and the Settlement Administrator are hereby 2 directed to implement the Settlement in accordance with this Final Approval Order and the terms of 3 the Settlement Agreement. 4 16. Pursuant to and as further described in the Settlement Agreement, upon final approval 5 of this Settlement Agreement, the Releasing Parties release all the Released Claims, including 6 Unknown Claims, against the Released Parties. 7 17. The Court grants final approval to the appointment of Plaintiff as Class Representative. 8 The Court concludes that the Class Representative has fairly and adequately represented the 9 Settlement Class and will continue to do so. 10 18. Pursuant to the Settlement Agreement, and in recognition of her efforts on behalf of 11 the Settlement Class, the Court approves a payment of a Service Award in the amount of $2,500 to 12 the Class Representative. Such Service Award payment will be made from the Settlement Fund in 13 accordance with the terms of the Settlement Agreement. 14 19. The Court grants final approval to the appointment of Abbas Kazerounian, Mona 15 Amini, and Gustavo Ponce of Kazerouni Law Group, APC as Class Counsel. The Court concludes 16 that Class Counsel has adequately represented the Settlement Class and will continue to do so. 17 20. The Court, after careful review of the fee petition filed by Class Counsel, and after 18 applying the appropriate standards required by relevant case law, hereby grants Class Counsel’s Fee 19 Award and Costs, awarding Class Counsel reasonable attorneys’ fees in the amount of $225,000.00 20 and $11,674.14 in costs and expenses of litigation. Payment of the Fee Award and Costs shall be 21 made from the Settlement Fund pursuant to the terms of the Settlement Agreement. 22 21. This Final Approval Order and the Settlement Agreement, and all acts, statements, 23 documents, or proceedings relating to the Settlement Agreement are not, and shall not be construed 24 as, used as, or deemed to be evidence of, an admission by or against Defendants of any claim, any 25 fact alleged in the Action, any fault, any wrongdoing, any violation of law, or any liability of any kind 26 on the part of Defendants or of the validity or certifiability for litigation of any claims that have been, 27 or could have been, asserted in the lawsuit. This Final Approval Order, the Settlement Agreement, 1 offered or received or be admissible in evidence in any action or proceeding, or be used in any way 2 as an admission or concession or evidence of any liability or wrongdoing of any nature or that 3 Plaintiff, any Settlement Class Member, or any other person has suffered any damage; provided, 4 however, that the Settlement Agreement and this Final Approval Order may be filed in any action by 5 Defendants, Class Counsel, or Settlement Class Members seeking to enforce the Settlement 6 Agreement or the Final Approval Order (including, but not limited to, enforcing the releases contained 7 herein). The Settlement Agreement and Final Approval Order shall not be construed or admissible as 8 an admission by Defendants that Plaintiff’s claims or any similar claims are suitable for class 9 treatment. The Settlement Agreement’s terms shall be forever binding on, and shall have res judicata 10 and preclusive effect in, all pending and future lawsuits or other proceedings as to Released Claims, 11 Released Parties, and other prohibitions set forth in this Final Approval Order that are maintained by, 12 or on behalf of, any Settlement Class Member or any other person subject to the provisions of this 13 Final Approval Order. 14 22. If the Effective Date, as defined in the Settlement Agreement, does not occur for any 15 reason, this Final Approval Order and the Preliminary Approval Order shall be deemed vacated, and 16 shall have no force and effect whatsoever; the Settlement Agreement shall be considered null and 17 void; all of the Parties’ obligations under the Settlement Agreement, the Preliminary Approval Order, 18 this Final Approval Order, and the terms and provisions of the Settlement Agreement shall have no 19 further force and effect with respect to the Parties and shall not be used in the Action or in any other 20 proceeding for any purpose, and any judgment or order entered by the Court in accordance with the 21 terms of the Settlement Agreement shall be treated as vacated nunc pro tunc, and the Parties shall be 22 restored to their respective positions in the Action, as if the Parties never entered into the Settlement 23 Agreement (without prejudice to any of the Parties’ respective positions on the issue of class 24 certification or any other issue). In such event, the Parties will jointly request that all scheduled 25 deadlines in the Action be reasonably extended by the Court so as to avoid prejudice to any Party or 26 Party’s counsel. Further, in such event, Defendants will pay Administrative Expenses already billed 27 or incurred, and will not, at any time, seek recovery of same from any other Party to the Action or 1 23. Pursuant to Kokkonen v. Guardian Life Ins. Co. of Am.,
511 U.S. 375, 382, 1148S. Ct. 2 || 1673, 1677,
128 L. Ed. 2d 391(1994) and the Settlement Agreement, this Court shall retain the 3 || authority to issue any order necessary to protect its jurisdiction from any action, whether in state or 4 || federal court. 5 24. Without affecting the finality of this Order, the Court will retain jurisdiction over the 6 || subject matter and the Parties with respect to the interpretation and implementation of the Settlement 7 Agreement for all purposes. 8 25. This Order resolves all claims against all Parties in this Action and is a final order. 9 || The Action is hereby dismissed with prejudice and without costs except as otherwise provided in this 10 || Final Approval Order and the Settlement Agreement. The Clerk of Court is directed to CLOSE 11 || THIS CASE. 12 13 | SO ORDERED on this 14th day of November, 2025. 4 mmr, 15 UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28
1 EXHIBIT A 2 3 The individual listed below is excluded from the Settlement pursuant to the 4 Settlement Class Member’s valid and timely Request for Exclusion: 5 6 1. LORA D. SILVER 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Reference
- Full Case Name
- Heather Hillbom, individually and on behalf of all others similarly situated v. R1 RCM INC. and DIGNITY HEALTH d/b/a
- Status
- Unknown