Case 4:20-cv-04412-JSW Document 51 Filed 07/12/21 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`ALEX PYGIN,
`Plaintiff,
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`v.
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`BOMBAS, LLC, et al.,
`Defendants.
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`Case No. 20-cv-04412-JSW
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`ORDER GRANTING MOTION FOR
`PRELIMINARY APPROVAL OF
`CLASS ACTION SETTLEMENT AND
`SETTING FINAL APPROVAL
`HEARING
`Re: Dkt. No. 48
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`Now before the Court for consideration is the motion for preliminary approval of the class
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`action settlement filed by Plaintiff Alex Pygin, which is not opposed by Defendants Bombas,
`LLC, Shopify (USA), Inc., and Shopify Inc. The Court has considered the parties’ papers,
`including the supplemental brief filed on July 9, 2021, the terms of the proposed Settlement
`Agreement dated May 20, 2021, which is attached as Exhibit 1, to the Joint Declaration of John A.
`Yanchunis and M. Anderson Berry (“Joint Decl.”), relevant legal authority, and the record in this
`case. The Court HEREBY GRANTS the motion, but it shall provide Settlement Class Members
`with a longer period to opt-out or object than that proposed by the parties.1
`1.
`The Court concludes the Settlement Agreement appears to be the result of serious,
`informed, and non-collusive negotiations conducted with the assistance of Martin Quinn, Esq. of
`JAMS during a mediation session conducted on February 12, 2021, through which the parties
`negotiated and finalized the basic terms of the settlement agreement. The Court also concludes
`that the Settlement Agreement is a product of an informal exchange of information and the terms
`do not improperly grant preferential treatment to any individual segment of the Settlement Class
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`Capitalized terms have the meaning set forth in the Settlement Agreement.
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`Northern District of California
`United States District Court
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`Case 4:20-cv-04412-JSW Document 51 Filed 07/12/21 Page 2 of 6
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`and, at this preliminary stage, appears to fall within the range of possible approval as fair,
`reasonable, and adequate.
`2.
`The Court preliminarily concludes that the requirements of Federal Rule of Civil
`Procedure 23(a) are satisfied. The record supports a finding of numerosity because the Settlement
`Class is comprised of approximately 83,000 individuals. (Joint Decl., ¶ 11.) The Court also
`concludes Plaintiff has met his burden, for purposes of settlement, to show there are questions of
`law or fact common to the Settlement Class, that his claims are typical of those of Settlement
`Class Members, and that he and his counsel will fairly and adequately protect the interests of the
`Settlement Class. The Court also preliminarily concludes that Plaintiff has met his burden to
`show, for purposes of settlement, that requirements of Rule 23(b) are satisfied, in that the
`questions of law or fact that are common to the Settlement Class predominate over individual
`questions and that a class action is a superior method for the fair and efficient adjudication of the
`Litigation.
`3.
`Accordingly, the Court preliminarily certifies for purposes of settlement only the
`following class:
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`All individuals residing in the United States who made purchases
`from the Bombas website from November 11, 2016 through
`February 16, 2017.
`4.
`The Court preliminarily appoints Alex Pygin as the Representative Plaintiff for
`purposes of the Settlement Class, and it appoints M. Anderson Berry of Clayeo C. Arnold, A
`Professional Corporation and John A. Yanchunis of Morgan & Morgan Complex Litigation Group
`as Class Counsel.
`5.
`Pursuant to the Settlement Agreement, the Parties have designated Angeion Group
`as the Claims Administrator, and Angeion Group shall perform all the duties of the Claims
`Administrator as set forth in the Settlement Agreement.
`6.
`The Court also concludes that the Class Notice and Notice Program set forth in the
`Settlement Agreement satisfy the requirements of due process and Rule 23 and provide the best
`notice practicable under the circumstances. The Class Notice and Notice Program are reasonably
`calculated to apprise Settlement Class Members of the nature of this Litigation, the Scope of the
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`Northern District of California
`United States District Court
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`Case 4:20-cv-04412-JSW Document 51 Filed 07/12/21 Page 3 of 6
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`Settlement Class, the terms of the Settlement Agreement, the right of Settlement Class Members
`to object to the Settlement Agreement or exclude themselves from the Settlement Class and the
`process for doing so, and of the Final Approval Hearing. Accordingly, the Court approves the
`Class Notice and Notice Program and the Claim Form. The Parties and the Claims Administrator
`are ORDERED to proceed with providing notice to the Settlement Class Members pursuant to the
`terms of the Settlement Agreement and this Order and within the time required by the Settlement
`Agreement.
`7.
`Settlement Class Members who wish to opt-out and exclude themselves from the
`Settlement Class may do so by notifying the Claims Administrator in writing, postmarked no later
`than October 12, 2021. To be valid, each request for exclusion must be made in writing and (a)
`state the Settlement Class Member’s full name, address and telephone number; (b) contain the
`Settlement Class Member’s personal and original signature or the original signature of a person
`authorized by law to act on the Settlement Class Member’s behalf with respect to a claim or right
`such as those asserted in the Litigation, such as a trustee, guardian, or person acting under a power
`of attorney; and (c) state unequivocally the Settlement Class Member’s intent to be excluded from
`the Settlement. If a Settlement Class Member’s Request for Exclusion covers a payment card that
`includes co-signers or co-holders on the same payment card account, the Settlement Class
`Member’s Request for Exclusion shall be deemed to be properly and completed and executed as to
`that payment card only if all co-signers or co-holders elect to and validly opt out in accordance
`with the provisions of this Paragraph. All Requests for Exclusion must be submitted individually
`in connection with a Settlement Class Member, i.e., one request is required for every Settlement
`Class Member seeking exclusion.
`8.
`All Settlement Class Members who do not opt out and exclude themselves shall be
`bound by the terms of the Settlement Agreement upon entry of the Final Approval Order and
`Judgment.
`9.
`Settlement Class Members who wish to object to the Settlement may do so by
`submitting a written objection to the Court in accordance with the procedures outlines in the Class
`Notice, postmarked no later than October 12, 2021. Any Settlement Class Member wishing to
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`United States District Court
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`Case 4:20-cv-04412-JSW Document 51 Filed 07/12/21 Page 4 of 6
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`comment on or object to the Settlement Agreement shall mail the comment or objection and any
`supporting papers either by:
`(a) mailing it to the Class Action Clerk, United States District Court for the Northern
`District of California, Oakland Division, 1301 Clay Street, Oakland, California; OR
`(b) by filing it in person at any location of the United States District Court for the Northern
`District of California.
`All such notices of an intent to object to the Settlement must be written and must include
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`all of the following: (a) the case name and number, Alex Pygin v. Bombas, LLC, et al., No. 4:20-
`cv-04412-JSW; (b) the objector’s full name, address, and telephone number; (c) a statement as to
`whether the objections applies only to the Settlement Class Member, to a specific subset of the
`Settlement Class, or to the entire class; (d) a clear and detailed written statement of the grounds for
`the objection; and (e) the objector’s signature.
`10.
`Any Settlement Class Member who does not submit a timely written objection in
`accordance with these procedures and the procedures detailed in the Class Notice and the
`Settlement Agreement shall be deemed to have waived any objection, shall not be permitted to
`object to the Settlement, and shall be precluded from seeking any review of the Settlement
`Agreement and/or the Final Approval Order and Judgment by appeal or by other means.
`The Court will hold a Final Approval Hearing on November 19, 2021 at 9:00 a.m.
`11.
`in the United States District Court, Northern District of California, Oakland Division, 1301 Clay
`Street, Courtroom 5, Oakland, California. At the Final Approval Hearing, the Court will consider
`whether: (a) the Settlement is fair, reasonable, and adequate, (b) the Settlement Class should be
`finally certified; (c) a final judgment should be entered; (d) to grant Class Counsel’s motion for
`attorneys’ fees and costs; and (e) to grant the service award sought for the Representative Plaintiff.
`The Court reserves the right to continue the date of the Final Approval Hearing without further
`notice to the Settlement Class Members.
`12.
`The following deadlines shall apply, pending further order of this Court:
`Event
`Date or Deadline
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`Bombas to provide Settlement Class Member
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`10 business days after entry of this Order
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`Northern District of California
`United States District Court
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`Case 4:20-cv-04412-JSW Document 51 Filed 07/12/21 Page 5 of 6
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`data to Claims Administrator
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`Notice Program per Settlement Agreement
`Commences
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`Class Counsel to file Motion for Attorneys’
`Fees and Costs
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`Opt-Out and Objection Deadline
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`Motion for Final Approval
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`Replies in Support of Motion for Final
`Approval and Motion for Attorneys’ Fees
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`Within 20 days of Bombas providing Class
`Member Data to the Claims Administrator
`September 7, 2021
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`October 12, 2021
`October 15, 2021
`November 5, 2021
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`November 19, 2021 9:00 a.m.
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`Final Approval Hearing
`13.
`All proceedings and deadlines in this matter, except the deadlines contained herein
`and any deadlines necessary to implement this Order and the Settlement are stayed and suspended
`until further order of this Court.
`14.
`All Settlement Class Members who do not validly opt out and exclude themselves
`are hereby enjoined from pursuing or prosecuting any of the Released Claims as set forth in the
`Settlement Agreement until further order of this Court.
`15.
`In the event that the Settlement Agreement is terminated pursuant to the terms of
`the Settlement Agreement: (a) the Settlement Agreement and this Order shall become void, shall
`have no further force or effect, and shall not be used in the Litigation or any other proceedings for
`any purpose other than as may be necessary to enforce the terms of the Settlement Agreement that
`survive termination; (b) this matter will revert to the status that existed before execution of the
`Settlement Agreement; and (c) no term or draft of the Settlement Agreement or any part of the
`Settling Parties’ settlement discussions, negotiations, or documentation (including any briefs filed
`in support of preliminary or final approval of the Settlement) shall (i) be admissible into evidence
`for any purpose in this Litigation or in any other action or proceeding other than as may be
`necessary to enforce the terms of the Settlement Agreement that survive termination, (ii) be
`deemed an admission or concession by any Settling Party regarding the validity of any of the
`Released Claims or the propriety of certifying any class against any Defendant, or (iii) be deemed
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`Case 4:20-cv-04412-JSW Document 51 Filed 07/12/21 Page 6 of 6
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`an admission or concession by any Settling Party regarding the truth or falsity of any facts alleged
`in the Litigation or the availability or lack of availability of any defense to the Released Claims.
`IT IS SO ORDERED.
`Dated: July 12, 2021
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`______________________________________
`JEFFREY S. WHITE
`United States District Judge
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`United States District Court
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