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Whitehead v. Advance Stores Co. Inc.

United States District Court, M.D. Florida, Ocala Division

January 9, 2017

JORDAN WHITEHEAD, Plaintiff,
v.
ADVANCE STORES COMPANY INC., Defendant.

          ORDER

          ROY B. DALTON JR. United States District Judge.

         This cause is before the Court on the parties' Joint Motion for Preliminary Approval of Settlement Agreement and to Amend Caption to Add Janie Stapleton as a Named Plaintiff (Doc. 40), filed December 16, 2016.[1]

         In light of the parties' proposed agreement and in accordance with prevailing law, it is hereby ORDERED AND ADJUDGED:

         1. The parties' Joint Motion for Preliminary Approval of Settlement Agreement and to Amend Caption to Add Janie Stapleton as a Named Plaintiff (Doc. 40) is GRANTED.

         2. On or before, Monday, January 16, 2017, Plaintiff may amend his Complaint (Doc. 1) to add Janie Stapleton as a named Plaintiff.

         3. For purposes of settlement only, the following settlement class is provisionally certified under Federal Rule of Civil Procedure 23(b)(3): All current and former Advance Stores Company, Inc. (“ASC”) employees whose personal identification information was disclosed as a result of the phishing attack ASC suffered on March 7, 2016 (“Settlement Class”).

         4. The named Plaintiff Jordan Whitehead and forthcoming named Plaintiff Janie Stapleton shall be the Class Representatives of the Settlement Class.

         5. Based on the parties' stipulations, and for settlement purposes only:

a. The above-described Settlement Class is so numerous that joinder of all members is impracticable;
b. There are questions of law or fact common to the Settlement Class;
c. The claims of the Class Representatives are typical of the claims of the Settlement Class;
d. The Class Representatives will fairly and adequately protect the interests of the Settlement Class;
e. The questions of fact or law common to the members of the Settlement Class predominate over the questions affecting only individual members; and
f. Certification of the Settlement Class is superior to other available methods of fair and efficient adjudication ...

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