1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTONIO MCKINNEY, et al., Case No. 22-cv-00312-JST
8 Plaintiffs, ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION 9 v. SETTLEMENT AND APPROVING PARTIES’ STIPULATION TO FILE 10 CORSAIR GAMING, INC., AMENDED COMPLAINT Defendant. Re: ECF Nos. 165, 166 11
12 13 Before the Court is Plaintiffs’ renewed motion for class certification and preliminary 14 approval of class action settlement (“Motion”). ECF No. 165. The Court finds this matter suitable 15 for resolution without oral argument, see Fed. R. Civ. P. 78(b); Civil L.R. 7-1(b), and will grant 16 the Motion. 17 Plaintiffs filed the Motion after the Court denied without prejudice Plaintiffs’ initial 18 motion for preliminary approval of class action settlement for two reasons: (1) the Court was 19 “unable to determine whether the proposed settlement falls within the range of reasonableness,” 20 and (2) Plaintiffs did not sufficiently “address the variation between the claims asserted in the 21 [operative] complaint and those settled in the settlement agreement.” ECF No. 162 at 9–12. 22 Having reviewed Plaintiffs’ supplemental briefing regarding the monetary value of the Settlement 23 Agreement (“Settlement” or “Agreement”), ECF No. 165 at 15–19, as well as the Weir 24 declaration, ECF No. 165-1, the Court concludes that the proposed settlement falls within the 25 range of reasonableness. In addition, the parties have agreed to the filing of an amended 26 complaint that includes all settled claims. ECF No. 166. 27 There being no other obvious errors preventing preliminary approval of the settlement, the 1 indicated, capitalized terms shall have the same meaning as ascribed in the Agreement, ECF 2 No. 153-1, as amended by ECF No. 158-1. 3 1. The Court preliminarily certifies the Settlement Class, as defined in Section 1.30 of 4 the Agreement, for the purposes of settlement only. The Settlement Class includes:
5 all individuals in the United States who purchased one or more 6 Products from January 14, 2018 to the date the Court grants Preliminary Approval. Excluded from the Settlement Class are 7 (1) any Judge or Magistrate presiding over this action and members of their families, (2) the defendant, defendant’s subsidiaries, parent 8 companies, successors, predecessors, and any entity in which the defendant or its parents have a controlling interest and their current 9 or former officers, directors, and employees, (3) counsel of record (and their respective law firms) for the Parties; (4) persons who 10 properly execute and file a timely request for exclusion from the class, and (5) the legal representatives, successors or assigns of any 11 such excluded persons. 12 ECF No. 153-1 at 10. “‘Products’ means any Corsair DDR-4 (non-SODIMM/laptop) memory 13 product with a base or default (i.e., JEDEC standard Serial Presence Detect or ‘SPD’) speed over 14 2133 megahertz (MHz) or any Corsair DDR-5 (non-SODIMM/laptop) memory product with a 15 base or default speed over 4800 megahertz.” Id. at 8. The Court finds, for settlement purposes 16 only, that the Settlement Class satisfies the requirements of Rules 23(a) and 23(b)(3) of the 17 Federal Rules of Civil Procedure: (a) the Settlement Class is so numerous that joinder of all 18 members is impracticable; (b) there are questions of law and fact common to the Settlement Class; 19 (c) Plaintiffs’ claims are typical of the claims of the Settlement Class; (d) Plaintiffs and Class 20 Counsel will fairly and adequately protect the interests of the Settlement Class; (e) the questions of 21 law and fact common to the Settlement Class predominate; and (f) a class action is a superior 22 method to adjudicate this dispute. 23 2. The Court preliminarily appoints Plaintiffs Antonio McKinney, Clint Sundeen, and 24 Joseph Alcantara as Class Representatives of the Settlement Class. 25 3. The Court preliminarily appoints Dovel & Luner, LLP and Kneupper Covey, PC as 26 Class Counsel under Rule 23(g). 27 4. The Court approves the parties’ stipulation for Plaintiffs to file a fifth amended 1 shall file the fifth amended complaint within seven days of the date of this order. No responsive 2 pleading is required. 3 5. The Court preliminarily finds that the terms of the Settlement are fair, reasonable, 4 and adequate. The Court finds that each of the factors under Rule 23(e) favor preliminary 5 approval: (a) the Class Representatives and Class Counsel have adequately represented the class; 6 (b) the Settlement was negotiated at arm’s length; (c) the relief provided for the class is adequate, 7 taking into account the applicable factors under Rule 23(e)(2)(C); and (d) the proposal treats class 8 members equitably relative to each other. The Court finds that none of the signs of collusion set 9 forth in In re Bluetooth Headset Products Liability Litigation, 654 F.3d 935, 947 (9th Cir. 2011)— 10 a disproportionate distribution of the settlement fund to counsel, a clear sailing provision, or a 11 reversion provision—is present in the Settlement. 12 6. The Court approves the proposed notice plan, including the form and content of the 13 notice and the method of its dissemination as set forth in the Agreement. The Court finds that the 14 notice plan complies with the requirements of due process and Rule 23, including that it provides 15 for the best notice that is practicable under the circumstances. The Court finds that the notice fully 16 apprises Settlement Class Members of their rights under the Settlement. 17 7. The Court appoints Angeion Group as Settlement Administrator and authorizes the 18 Settlement Administrator to implement the notice plan as set forth in the Agreement. 19 8. The Court approves the proposed claims procedure, including the substance of the 20 claim form, as set forth in the Agreement. 21 9. The Court approves the proposed procedures for objections and requests for 22 exclusion as set forth in the Agreement. 23 10. The Court orders the following schedule:
24 Event Date 25 Plaintiffs to file proof of compliance with No later than 14 days after entry of the order 26 Class Action Fairness Act notice granting Preliminary Approval requirements, 28 U.S.C. § 1715 27 Notice Date, as defined in Section 1.19 of the No later than 30 days after entry of the order 1 Event Date 2 Plaintiffs to file a Motion for Attorneys’ Fees, No later than 35 days before Costs, and Incentive Awards Objection/Exclusion Deadline 3 Objection/Exclusion Deadline 35 days after Notice Date 4 Claims Deadline 60 days after Notice Date 5 Plaintiffs to file a Motion for Final Approval No earlier than 21 days after Claims Deadline 6 of the Settlement and no later than November 13, 2025 7 Final Approval Hearing December 4, 2025 8 9 11. The motion for final approval shall address the final approval guidelines in the 10 Northern District of California’s Procedural Guidance for Class Action Settlements, available at 11 https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the 12 guidelines are presented on the website. 13 12. As reflected in the Guidance, the Court will require a post-distribution accounting 14 within 21 days after the distribution of settlement funds. The Court will typically withhold 15 between 10% and 25% of the attorney’s fees granted at final approval until after the post- 16 distribution accounting has been filed. The final approval motion should specify what percentage 17 class counsel believes it is appropriate to withhold and why. 18 13.
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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTONIO MCKINNEY, et al., Case No. 22-cv-00312-JST
8 Plaintiffs, ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION 9 v. SETTLEMENT AND APPROVING PARTIES’ STIPULATION TO FILE 10 CORSAIR GAMING, INC., AMENDED COMPLAINT Defendant. Re: ECF Nos. 165, 166 11
12 13 Before the Court is Plaintiffs’ renewed motion for class certification and preliminary 14 approval of class action settlement (“Motion”). ECF No. 165. The Court finds this matter suitable 15 for resolution without oral argument, see Fed. R. Civ. P. 78(b); Civil L.R. 7-1(b), and will grant 16 the Motion. 17 Plaintiffs filed the Motion after the Court denied without prejudice Plaintiffs’ initial 18 motion for preliminary approval of class action settlement for two reasons: (1) the Court was 19 “unable to determine whether the proposed settlement falls within the range of reasonableness,” 20 and (2) Plaintiffs did not sufficiently “address the variation between the claims asserted in the 21 [operative] complaint and those settled in the settlement agreement.” ECF No. 162 at 9–12. 22 Having reviewed Plaintiffs’ supplemental briefing regarding the monetary value of the Settlement 23 Agreement (“Settlement” or “Agreement”), ECF No. 165 at 15–19, as well as the Weir 24 declaration, ECF No. 165-1, the Court concludes that the proposed settlement falls within the 25 range of reasonableness. In addition, the parties have agreed to the filing of an amended 26 complaint that includes all settled claims. ECF No. 166. 27 There being no other obvious errors preventing preliminary approval of the settlement, the 1 indicated, capitalized terms shall have the same meaning as ascribed in the Agreement, ECF 2 No. 153-1, as amended by ECF No. 158-1. 3 1. The Court preliminarily certifies the Settlement Class, as defined in Section 1.30 of 4 the Agreement, for the purposes of settlement only. The Settlement Class includes:
5 all individuals in the United States who purchased one or more 6 Products from January 14, 2018 to the date the Court grants Preliminary Approval. Excluded from the Settlement Class are 7 (1) any Judge or Magistrate presiding over this action and members of their families, (2) the defendant, defendant’s subsidiaries, parent 8 companies, successors, predecessors, and any entity in which the defendant or its parents have a controlling interest and their current 9 or former officers, directors, and employees, (3) counsel of record (and their respective law firms) for the Parties; (4) persons who 10 properly execute and file a timely request for exclusion from the class, and (5) the legal representatives, successors or assigns of any 11 such excluded persons. 12 ECF No. 153-1 at 10. “‘Products’ means any Corsair DDR-4 (non-SODIMM/laptop) memory 13 product with a base or default (i.e., JEDEC standard Serial Presence Detect or ‘SPD’) speed over 14 2133 megahertz (MHz) or any Corsair DDR-5 (non-SODIMM/laptop) memory product with a 15 base or default speed over 4800 megahertz.” Id. at 8. The Court finds, for settlement purposes 16 only, that the Settlement Class satisfies the requirements of Rules 23(a) and 23(b)(3) of the 17 Federal Rules of Civil Procedure: (a) the Settlement Class is so numerous that joinder of all 18 members is impracticable; (b) there are questions of law and fact common to the Settlement Class; 19 (c) Plaintiffs’ claims are typical of the claims of the Settlement Class; (d) Plaintiffs and Class 20 Counsel will fairly and adequately protect the interests of the Settlement Class; (e) the questions of 21 law and fact common to the Settlement Class predominate; and (f) a class action is a superior 22 method to adjudicate this dispute. 23 2. The Court preliminarily appoints Plaintiffs Antonio McKinney, Clint Sundeen, and 24 Joseph Alcantara as Class Representatives of the Settlement Class. 25 3. The Court preliminarily appoints Dovel & Luner, LLP and Kneupper Covey, PC as 26 Class Counsel under Rule 23(g). 27 4. The Court approves the parties’ stipulation for Plaintiffs to file a fifth amended 1 shall file the fifth amended complaint within seven days of the date of this order. No responsive 2 pleading is required. 3 5. The Court preliminarily finds that the terms of the Settlement are fair, reasonable, 4 and adequate. The Court finds that each of the factors under Rule 23(e) favor preliminary 5 approval: (a) the Class Representatives and Class Counsel have adequately represented the class; 6 (b) the Settlement was negotiated at arm’s length; (c) the relief provided for the class is adequate, 7 taking into account the applicable factors under Rule 23(e)(2)(C); and (d) the proposal treats class 8 members equitably relative to each other. The Court finds that none of the signs of collusion set 9 forth in In re Bluetooth Headset Products Liability Litigation, 654 F.3d 935, 947 (9th Cir. 2011)— 10 a disproportionate distribution of the settlement fund to counsel, a clear sailing provision, or a 11 reversion provision—is present in the Settlement. 12 6. The Court approves the proposed notice plan, including the form and content of the 13 notice and the method of its dissemination as set forth in the Agreement. The Court finds that the 14 notice plan complies with the requirements of due process and Rule 23, including that it provides 15 for the best notice that is practicable under the circumstances. The Court finds that the notice fully 16 apprises Settlement Class Members of their rights under the Settlement. 17 7. The Court appoints Angeion Group as Settlement Administrator and authorizes the 18 Settlement Administrator to implement the notice plan as set forth in the Agreement. 19 8. The Court approves the proposed claims procedure, including the substance of the 20 claim form, as set forth in the Agreement. 21 9. The Court approves the proposed procedures for objections and requests for 22 exclusion as set forth in the Agreement. 23 10. The Court orders the following schedule:
24 Event Date 25 Plaintiffs to file proof of compliance with No later than 14 days after entry of the order 26 Class Action Fairness Act notice granting Preliminary Approval requirements, 28 U.S.C. § 1715 27 Notice Date, as defined in Section 1.19 of the No later than 30 days after entry of the order 1 Event Date 2 Plaintiffs to file a Motion for Attorneys’ Fees, No later than 35 days before Costs, and Incentive Awards Objection/Exclusion Deadline 3 Objection/Exclusion Deadline 35 days after Notice Date 4 Claims Deadline 60 days after Notice Date 5 Plaintiffs to file a Motion for Final Approval No earlier than 21 days after Claims Deadline 6 of the Settlement and no later than November 13, 2025 7 Final Approval Hearing December 4, 2025 8 9 11. The motion for final approval shall address the final approval guidelines in the 10 Northern District of California’s Procedural Guidance for Class Action Settlements, available at 11 https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the 12 guidelines are presented on the website. 13 12. As reflected in the Guidance, the Court will require a post-distribution accounting 14 within 21 days after the distribution of settlement funds. The Court will typically withhold 15 between 10% and 25% of the attorney’s fees granted at final approval until after the post- 16 distribution accounting has been filed. The final approval motion should specify what percentage 17 class counsel believes it is appropriate to withhold and why. 18 13. The Court sets a Final Approval Hearing on December 4, 2025, at 2:00 p.m., by 19 Zoom video conference.1 The public hearing link is available on the Court’s website, 20 https://cand.uscourts.gov/judges/tigar-jon-s-jst/. The Court may continue or adjourn the Final 21 Approval Hearing without further notice to Settlement Class Members. Class Counsel shall keep 22 the website updated if the Court reschedules the Final Approval Hearing. 23 14. By entering this order, the Court makes no determination on the merits of 24 Plaintiffs’ allegations. Neither the Agreement nor any related documents or communications will 25 be construed or used in any proceeding as an admission or evidence of wrongdoing or liability on 26 the part of Defendant. 27 1 15. If for any reason the Court does not execute and file a final approval order, or if the 2 Effective Date of the Settlement does not occur for any reason, the Parties will be restored to the 3 status quo ante as set forth in the Agreement. In such event, the Settlement Class will be deemed 4 || vacated, and the certification of the Settlement Class for settlement purposes will not be 5 considered or used in connection with any class certification proceedings. 6 16. All proceedings in the Action are stayed except as necessary to implement the 7 Settlement. 8 17. The Court retains jurisdiction over the Action and the Parties for purposes of the 9 Settlement. 10 IT IS SO ORDERED. 11 || Dated: July 2, 2025 . 12 ~ JON S. TIG 13 nited States District Judge
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