Opinion
1:20-cv-03208 (JMF)
03-29-2022
IN RE COLUMBIA UNIVERSITY TUITION REFUND ACTION
[PROPOSED] FINAL JUDGMENT
Jesse M. Furman United states District Judge
WHEREAS, the Parties to the above-captioned putative class action (the “Action”) entered into a Stipulation of Settlement dated as of November 23, 2021 (the “Settlement”);
WHEREAS, on December 3, 2021, the Court entered an Order Preliminarily Approving Settlement, Provisionally Certifying the Settlement Class, and Appointing Class Counsel and Class Representatives for the Settlement Class (“Preliminary Approval Order”), which, inter alia: (i) preliminarily approved the Settlement; (ii) preliminarily determined that, for purposes of the Settlement only, the Action should proceed as a class action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, on behalf of the Settlement Class comprising:
All students enrolled in Columbia's Programs who were assessed Spring 2020 Fees, with the exception of: (i) any person who withdrew from Columbia on or before March 13, 2020; (ii) any person enrolled solely in a program for the Spring 2020 semester that was always and originally delivered as an online program; (iii) any person who properly executes and files a timely opt-out request to be excluded from the Settlement Class; and (iv) the legal representatives, successors or assigns of any such excluded personwhere “Columbia's Programs” and “Spring 2020 Fees” have the meanings specified in Paragraph 1 of the Settlement; (iii) preliminarily appointed Student A, Chris Riotta, Lisa Guerra and Alexandra Taylor-Gutt as Settlement Class Representatives; (iv) preliminarily appointed Gainey McKenna & Egleston and Anastopoulo Law Firm, LLC as Class Counsel; (v) approved the forms and manner of notice of the Settlement to Potential Settlement Class Members; (vi) directed that 1 appropriate notice of the Settlement be given to the Potential Settlement Class; and (vii) set a hearing date to consider final approval of the Settlement;
WHEREAS, notice of the Settlement was provided to Potential Settlement Class Members in accordance with the Court's Preliminary Approval Order;
WHEREAS, on March 24, 2022, at 3:30 p.m., at the United States District Court for the Southern District of New York, 40 Foley Square, New York, New York 10007, the Honorable Jesse M. Furman held a hearing to determine whether the Settlement was fair, reasonable, and adequate to the Settlement Class (“Fairness Hearing”);
WHEREAS, at the Fairness Hearing held on March 24, 2022, no opposition to the Settlement was expressed by any Party or any member of the Settlement Class; and
WHEREAS, based on the foregoing, having considered the papers filed and proceedings held in connection with the Settlement and all other files, records, and proceedings in the Action, and being otherwise fully advised, THE COURT HEREBY FINDS AND CONCLUDES that:
A. This Court has jurisdiction over the subject matter of the Action, and all matters relating to the Settlement, as well as personal jurisdiction over all the Parties and all the Settlement Class Members for purposes of the Settlement.
B. This Order incorporates the definitions in the Settlement and all terms used in the Order have the same meanings as set forth in the Settlement, unless otherwise defined herein.
C. The Short Form Notice and Long Form Notice (“the Notices”) provided to the Potential Settlement Class in accordance with the Preliminary Approval Order constituted the best notice practicable under the circumstances of this Action and constituted due and sufficient notice of the proceedings and matters set forth therein, including of the Settlement, to all persons entitled 2 to notice. The Notices fully satisfied the requirements of due process, Rule 23 of the Federal Rules of Civil Procedure, and all other applicable laws and rules.
D. The notice provisions of the Class Action Fairness Act, 28 U.S.C. § 1715, have been satisfied.
E. For purposes of the Settlement only, the Action may proceed as a class action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure.
F. Class Counsel and the Settlement Class Representatives have fairly and adequately represented the Settlement Class, both with respect to litigation of the Action and for purposes of entering into and implementing the Settlement. Class Counsel and the Settlement Class Representatives have satisfied the requirements of Rules 23(a)(4) and 23(g) of the Federal Rules of Civil Procedure.
G. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court grants final approval of the Settlement, as: (i) it is in all respects fair, reasonable, and adequate to the Settlement Class; (ii) it was the product of informed, arm's-length negotiations among competent, able counsel; (iii) it was based on a record that is sufficiently developed to have enabled the Settlement Class Representatives and Columbia to adequately evaluate their positions; (iv) the relief provided to the Settlement Class is adequate, taking into account the costs, risks, and delay of continued litigation and the effectiveness of the plan of allocation as outlined in the Settlement; (v) the Settlement treats Settlement Class Members equitably relative to one another; and (vi) the Settlement was positively received by the Settlement Class.
H. The persons who have timely and validly requested exclusion from the Settlement Class, if any, are identified in Exhibit 1 attached hereto (“Excluded Persons”).
I. The Settlement Class Representatives and the Settlement Class Members, and all 3 and each of them, are hereby bound by the terms of the Settlement.
NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that:
1. The Settlement is fair, reasonable, and adequate to the Settlement Class. Accordingly, the Court authorizes and directs implementation of all terms and provisions of the Settlement.
2. All Parties to this Action, and all Settlement Class Members, are bound by the Settlement and this Final Judgment. Excluded Persons identified in Exhibit 1 are no longer parties to this Action and are not bound by the Settlement.
3. Final Judgment shall be, and hereby is, entered dismissing the Action with prejudice, and without taxation or costs in favor of or against any Party.
4. The Settlement Class Representatives, Class Counsel, and all other Settlement Class Members, and each of their respective present and former heirs, family members, guardians, executors, administrators, employees, agents, representatives, attorneys, outside counsel, predecessors, successors, assigns, and any person who has made payments to Columbia on their behalf (hereinafter “Releasing Settlement Class Parties”), are hereby conclusively deemed to have fully, finally, and forever compromised, settled, released, resolved, relinquished, waived and discharged Columbia and all of its present, future, and former parent, subsidiary, and affiliated corporations and entities, the predecessors and successors in interest of any of them, and each of the foregoing's respective present, future, and former officers, directors, trustees, academic affiliates, employees, faculty members, students, agents, representatives, attorneys, outside counsel, predecessors, successors, and assigns (hereinafter “Released Columbia Parties”), from any and all suits, claims, controversies, rights, agreements, promises, debts, liabilities, accounts, 4 reckonings, demands, damages, judgments, obligations, covenants, contracts, costs (including, without limitation, attorneys' fees and costs), losses, expenses, actions or causes of action of every nature, character, and description, in law or in equity, that any Releasing Party ever had, or has, or may have in the future, upon or by reason of any matter, cause, or thing whatever from the beginning of the world to the Effective Date of the Settlement, arising out of, concerning, or relating in any way to Columbia's transition to remote education with respect to the COVID-19 pandemic beginning in March 2020, or the implementation or administration of such remote education, including but not limited to all claims that were brought or could have been brought in the Action (hereinafter “Released Claims”).
5. The Releasing Settlement Class Parties are hereby barred and permanently enjoined from instituting, asserting or prosecuting any or all of the Released Claims against any of the Released Columbia Parties.
6. Columbia and all of its present and former parent, subsidiary, and affiliated corporations and entities, the predecessors and successors in interest of any of them, and each of the foregoing's respective present and former predecessors, successors, and assigns (hereinafter “Releasing Columbia Parties”), are hereby conclusively deemed to have fully, finally, and forever compromised, settled, released, resolved, relinquished, waived, and discharged the Settlement Class Representatives, Class Counsel, and all other Settlement Class Members, and each of their respective present, future, and former heirs, family members, guardians, executors, administrators, employees, agents, representatives, attorneys, outside counsel, predecessors, successors, assigns, and any person who has made payments to Columbia on their behalf (hereinafter “Released Settlement Class Parties”), from all Released Claims.
7. The Releasing Columbia Parties are hereby barred and permanently enjoined from 5 instituting, asserting, or prosecuting any or all of the Released Claims against any of the Released Settlement Class Parties.
8. The manner of distribution of the Net Settlement Fund as described in the Settlement and in the Notices to Potential Settlement Class Members is hereby approved, subject to modification by further order of this Court, which may, at the discretion of the Court, be entered without further notice to the Settlement Class. Any order or proceedings relating to the manner of distribution of the Net Settlement Fund, so long as they are not materially inconsistent with this Final Judgment, shall not operate to terminate or cancel the Settlement or affect the finality of this Final Judgment approving the Settlement.
9. The Court hereby decrees that neither the Settlement nor this Final Judgment nor the fact of the Settlement is an admission or concession by Columbia of any fault, wrongdoing, or liability whatsoever. This Final Judgment is not a finding of the validity or invalidity of any of the claims asserted or defenses raised in the Action. Nothing relating to the Settlement shall be offered or received in evidence as an admission, concession, presumption, or inference against Columbia or the Released Columbia Parties in any proceeding, other than such proceedings as may be necessary to consummate or enforce the Settlement.
10. Class Counsel are awarded attorneys' fees in the amount of $4,166,666.67, and reimbursement of litigation expenses in the amount of $1,987.08, such amounts to be paid from out of the Settlement Fund in accordance with the terms of the Settlement. In addition, $55,000 in Administrative Expenses are to be paid out of the Settlement Fund to Simpluris, Inc., to perform its responsibilities as the Settlement Administrator, in accordance with the terms of the Settlement.
11. Settlement Class Representatives are each awarded a case contribution award in the amount of $25,000.00, such amounts to be paid from out of the Settlement Fund in accordance 6 with the terms of the Settlement.
12. Without affecting the finality of this Final Judgment in any way, the Court retains and reserves jurisdiction over: (a) implementation of this Settlement and any distributions from the Settlement Fund; (b) the Action, until each and every act agreed to be performed by the Parties shall have been performed pursuant to the terms and conditions of the Settlement and any further orders of the Court; and (c) the Parties, for the purpose of enforcing and administering the Settlement.
13. There is no just reason to delay the entry of this Final Judgment as a final judgment in this Action. Accordingly, the Clerk of the Court is expressly directed to immediately enter this Final Judgment in this Action and to close the case.
14. In the event that this Final Judgment does not become Final in accordance with Paragraph 1(k) of the Settlement, then this Final Judgment shall be rendered null and void to the extent provided by and in accordance with the Settlement, and this Order shall be vacated. In such event, all orders entered and releases delivered in connection with the Settlement shall be null and void, except those necessary to effect termination of the Settlement. In such event, the Action shall return to its status immediately prior to execution of the Settlement.
LET JUDGMENT BE ENTERED ACCORDINGLY. 7
Exhibit 1 - List of Excluded Persons
First Name
Last Name
Sergio
Acuna
Md Rasel
Ahmed
Aigerim
Akhmetova
Lucia
Alenar Iglesias
Waleed
Alqahtani
Solomon
Amadiume
Holly
Andrews
Henry
Anker
Jordan
Anstatt
Catalina
Antonio Granados
Daniel
Arias
Devin
Armstrong
Henry
Arroyo
Tarek
Aryani
Munir
Atalla
Roni
Aviv
Anastasia
Ayazi De Marchi
Harry
Bartle
Patrick
Bayly
Andrew
Bell
Cody
Beltis
Omer
Ben-David
Archibald
Benhamou
Anika
Benkov
Jacob
Berman
Caroline
Blair
Katherine
Blair
Christopher
Blanco
Minka
Bleakley
Paula
Bourgie
Eric
Brittain
Lindsey
Brittain
Claire
Brooks
Jonathan
Brown
Glenn
Brown
Ronald
Brown
Aliza
Brugger
Daniel
Byers
Rosana
Caban
Julian
Callaghan
Peter
Campbell
8
Ivana
Carman
Lunise
Cerin
Kaela
Chambers
Chiyang
Chang
Rali
Chaouni
Sushant
Chaudhary
Leila
Chediak
Susan
Chen
Szu-Wei
Chen
Wen Yuan
Chen
Ningxin
Chen
Po-Yu
Chen
Junyi
Chen
Jong Hwan
Choi
Tae Jung
Choi
Stephanie
Choriatis
Kevin
Claiborne
Spencer
Clawson
Patrick
Clement
Noga
Cohen
Avishag
Cohen Rodrigues
Joanna
Cortez
Lauren
Covey
Ryan
Craver
Marta
Cruanas Compes
Kristin
Curtis
Ian
Decker
Angeline
Dimambro
Major
Dorfman
Danielle
Douge
Ana
Dow Silva
Michael
Dukas
Benjamin
Eckersley
Jade
Edwards
Kathy
Esquenazi
Molly
Evans
Stephanie
Falkeis
Brittany
Fauconnet
Monica
Felix
Caitlin
Ferrell
Stephanie
Fine
Lauren
Fondren
Allison
Fontaine-Capel
Peter
Forbes
Jasmin
Freitas Tenucci
Paul
Gambourg
Esteban
Garcia Vernaza
Chenxi
Ge
Scott
Gerlomes
Lauren
Goetzman
Baris
Gokturk
Andrew
Golden
Mitchell
Gomes
Felipe
Gomez Mitsui
Justin
Goncalves
Fernando
Gonzalez Ortiz
Wesley
Goodrich
Danielle
Gottesman
Jorge
Granados Ross
Kenneth
Green
April
Griffin
Elizabeth
Grupp
Shanming
Guo
Joan
Hacker
Gina
Hackett
Eden
Hadad
Kevin
Haefelin
Emma
Hall-Martin
Camille
Hamadet
Chad
Hamilton
Joshua
Harris
Jennifer
Hassin
Mathilde
Hauducoeur
Juan David
Hernandez Diaz
Erin
Holland
Dong-Ren
Hong
Hsiao-Wen
Hsu
Tony
Huang
Jacob
Huebner
Megan
Huggins
Adam
Jackson
Neda
Jebelli
Priscilla
Jeong
Yi Fan
Jiang
Yue
Jiang
Shan
Jiang
Tianyi
Jiang
Jon
Jones
Robert
Jones
Omar
Kakar
Minkyu
Kang
Agnes
Karlsson
Joshua
Kellerman
Shannon
Kelley
Robert
Kerr
Katie
Kim
Jungyoon
Kim
9
Ji-Heuk
Kim
Max
Kimble
Kristin
Kohlmeyer
Clarece
Koury
Abhishek
Kumar
Melik
Kuru
Timothy
Kwasny
John
La Costa
Kinder
Labatt
Louis
Lagayette
Juan Paulo
Laserna
Rider
Laskin
Wai
Lau
Sarah
Lee
Yukyoung
Lee
Ryan
Levitt
Yiyi
Li
Lu
Li
Bicheng
Liang
Joseph
Liatela
Ke
Liu
Rodney
Llaverias
Jingwen
Long
Xiaomeng
Lu
Yuanjiong
Lu
Natalia
Luque
Paula
Lycan
Mackenzie
Lyle
Cara
Lynch
Mona
Maahn
Nina
Mahesh
Maria
Majluf Baeza
Keli
Maksud
Varun
Malik
Erica
Mao
Benjamin
Martin
Bruno
Mattos Rubeiz
Sean
Mcauliffe
Max
Mcgillivray
Hazel
Mckibbin
Raphaela
Melsohn
James
Mercer
Ethan
Mermelstein
Grace
Merriman
Kathryn
Miller
Aiman
Mimiko
Ida
Modaghegh Yazdi
Farah
Mohammad
Dennis
Morganti
Eric
Morton
Hallel
Mujingila Diakalenga
Selman
Nacar
Cameron
Nelson
Eric
Nelson
Jesahel
Newton-Bernal
Patrick
Nichols
Alvaro
Nunez Secchi
Olive
Nwosu
Nicholas
Nyhof
Keika
Okamoto
Olafur
Olason
Sonia
Oleniak
Adewale
Olukayode
Rebecca
Oneill
Gleb
Osatinski
Cecilia
Otero
Renee
Paiement
Diana
Palermo
Adelaide
Pallincourt
Sushama
Parmar
Moara
Passoni
Olivia
Peralta
Harrison
Perkins
Ana
Perromat
Adriana
Pettinga
Grace
Philips
William
Pinke
Tomas
Pinzon Lucena
Bradley
Pitts
Julia
Pontes
Yixuan
Qi
Erin
Ramirez
Antonio
Rattes De Farias
Ava
Ravich
Denisse
Reyes
Marion
Rich
Melanie
Rish
John
Rivas
Victoria
Rivera
James
Rodrigues
Xiaoyue
Ruan
Nader
Salem
Prashanth
Sampathkumaran
Chloe
Sarbib
Abigail
Schwarz
Yixuan
Shao
Rahul
Sharma
Vivienne
Shaw
Kio
Shijiki
Vishnu
Sinha
Daniel
Slottje
Warren
Smith
Tyler
St Pierre
10
Alexis
Stodghill
Andrea
Studinger
Dhruv
Sud
Stipan
Tadic
Margaret
Talbot-Minkin
Wan Xin
Tang
Kiyomi
Taylor
Dhane
Taylor
Erica
Tennyson
Natalie
Teter
Jaclyn
Todd
Donovan
Tolledo
Werner
Traut
Cooper
Troxell
Connie
Tsang
Khari
Turner
William
Turner
Barbara
Twist
Kari
Ulfsson
Gabriele
Urbonaite
Meera
Vaidya
Felix
Van Kann
Natchanon
Vana
Ricardo
Varona
Raelis
Vasquez
Brian
Velsor
Xiaolong
Wang
Jing
Wang
Rachel
Ward
Rachel
Webb
Saladin
White
Meredith
Wilson
Hongwei
Wu
Markus
Wulf
Yueyi
Hangcheng
Xu
Hyun
Yang
Anthony
Yang
Chien-Ni
Yang
Yachi
Yang
Zebang
Yang
Alexander
Yarber
Christina
Yoon
Ye
Yuan
Bofan
Zhang
Bohan
Zhang
Yihao
Zheng