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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`NEVILLE MCFARLANE, DEANNA
`COTTRELL, EDWARD HELLYER, CARRIE
`MASON-DRAFFEN, HASEEB RAJA, RONNIE
`GILL, JOHN FRONTERA, SHARIQ
`MEHFOOZ, and STEVEN PANICCIA,
`individually and on behalf of all others similarly
`situated,
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`ALTICE USA, INC., a New York Corporation,
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`Plaintiffs,
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`v.
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`Defendant.
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`Lead Case No: 20-CV-1297-JMF
`(consolidated with 20-CV-1410-JMF)
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`DEFENDANT ALTICE USA, INC.’S RESPONSE TO PLAINTIFFS’ SUPPLEMENTAL
`MEMORANDUM IN SUPPORT OF PRELIMINARY APPROVAL OF SETTLEMENT
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`On May 3, 2022, this Court ordered Plaintiffs to address whether this Court’s decision in
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`McFarlane v. Altice USA, Inc., 524 F. Supp. 3d 264, 270-73 (S.D.N.Y. 2021), ECF No. 58, at 5-
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`9, that Plaintiffs have Article III standing, and the Second Circuit’s “largely consistent” reasoning
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`in McMorris v. Carlos Lopez & Assocs., LLC, 995 F.3d 295 (2d Cir. 2021), “remain good law
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`following the Supreme Court’s decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021).”
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`ECF No. 90. Plaintiffs filed a supplemental memorandum arguing that those decisions are
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`unaffected by TransUnion. See ECF No. 91. In compliance with the Court’s Order, Defendant
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`Altice USA, Inc. (“Altice”) files this Response.
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`Altice has long disputed Plaintiffs’ standing. See, e.g., ECF Nos. 39, 46, 54. As Plaintiffs
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`have noted, Altice would “continue to contest Plaintiffs’ . . . standing” absent settlement,
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`particularly given the manner and degree of evidence required to demonstrate standing at the
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`Case 1:20-cv-01297-JMF Document 92 Filed 05/19/22 Page 2 of 3
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`successive stages of the litigation. ECF No. 88, at 15. If the Court nonetheless finds that Plaintiffs
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`still have standing, Altice is prepared to continue to support the settlement, which it believes is
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`fair, reasonable, and provides adequate relief for the class.
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`Dated: May 19, 2022
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`Respectfully submitted,
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`AKIN GUMP STRAUSS HAUER & FELD LLP
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`/s/ Stephen M. Baldini
`Stephen M. Baldini
`Stephanie Lindemuth
`One Bryant Park
`New York, NY 10036
`Telephone: (212) 872-1062
`Fax: (212) 872-1002
`Email: sbaldini@akingump.com
`slindemuth@akingump.com
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`Michelle A. Reed (pro hac vice)
`Elizabeth D. Scott (pro hac vice)
`2300 North Field Street, Suite 1800
`Dallas, Texas 75201
`Telephone: (214) 969-2800
`Fax: (214)969-4343
`Email: mreed@akingump.com
`edscott@akingump.com
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`Counsel for Defendant Altice USA, Inc.
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`2
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`Case 1:20-cv-01297-JMF Document 92 Filed 05/19/22 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on May 19, 2022, a true and correct copy of this document was
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`served via email on counsel for Plaintiffs.
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`/s/ Stephen M. Baldini
`Stephen M. Baldini
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