Cahill v. Keurig Green Mountain, Inc.
7:22-cv-07507
| S.D.N.Y. | Jun 20, 2025|
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Docket
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page1of12
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DOREEN CAHILL and JANET
CHRISTMAN on behalf of themselves and all | Case No. 22-cv-7507-CS
others similarly situated,
Plaintiffs,
v.
KEURIG GREEN MOUNTAIN, INC.,
Defendant.
] ORDER GRANTING PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT AGREEMENT, CERTIFYING
SETTLEMENT CLASS, APPOINTING CLASS REPRESENTATIVES,
APPOINTING CLASS COUNSEL, AND APPROVING NOTICE PLAN
WHEREAS, a class action is pending before the Court entitled Cahill v. Keurig Green
Mountain, Inc., No. 22-cyv-7507-CS; and
WHEREAS, Plaintiffs Doreen Cahill and Janet Christman and Defendant Keurig Green
Mountain, Inc. have entered into a Class Action Settlement Agreement, which, together with the
exhibits attached thereto, sets forth the terms and conditions for a proposed settlement and
dismissal of the Action with prejudice as to Defendant upon the terms and conditions set forth
therein (the “Settlement Agreement”), and the Court having read and considered the Settlement
Agreement and exhibits attached thereto;
This matter coming before the Court upon the agreement of the parties, good cause being
shown, and the Court being fully advised in the premises,
IT IS HEREBY ORDERED, DECREED, AND ADJUDGED AS FOLLOWS:
1. Terms and phrases in this Order shall have the same meaning as ascribed to them
in the Settlement Agreement.
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 2of12
2. The Parties have moved the Court for an order approving the settlement of the
Action in accordance with the Settlement Agreement, which, together with the documents
incorporated therein, sets forth the terms and conditions for a proposed settlement and dismissal
of the Action with prejudice, and the Court having read and considered the Settlement
Agreement and having heard the parties and being fully advised in the premises, hereby
preliminarily approves the Settlement Agreement in its entirety subject to the Final Approval
Hearing referred to in paragraph 5 of this Order.
3. This Court finds that it has jurisdiction over the subject matter of this action and
over all Parties to the Action.
rolanarily,
4, The Court Ainds that, subject to the Final Approval Hearing, the Settlement
Agreement is fair, reasonable, and adequate, within the range of possible approval, and in the
best interests of the Settlement Classes set forth below. The Court rare ene he 0
Settlement Agreement substantially fulfills the purposes and objectives of the class action, and
provides substantial relief to the Settlement Classes without the risks, burdens, costs, or delay
associated with continued litigation, trial, and/or appeal. The Court also finds that the Settlement
Agreement (a) is the result of arm’s-length negotiations between experienced class action
attorneys; (b) is sufficient to warrant notice of the settlement and the Final Approval Hearing to
be disseminated to the Settlement Classes; (c) meets all applicable requirements of law,
including Federal Rule of Civil Procedure 23 and the Class Action Fairness Act (“CAFA”), 28
U.S.C. § 1715; and (d) is not a finding or admission of liability by the Defendant or any other
person, nor a finding of the vatidity of any claims asserted in the Action or of any wrongdoing or
any violation of law.
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 3of12
Final Approval Hearing
5. The Final Approval Hearing shall be held before this Court on
Sethewhed 5#, 2026 at CAT em sxpzestechdate- op RO daywatier enrsrof thris-Oeder] at the
Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas Street,
White Plains, New York to determine (a) whether the proposed settlement of the Action on the
terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate
and should be given final approval by the Court; (b) whether a judgment and order of dismissal
with prejudice should be entered; (c) whether to approve the payment of attorneys” fees, costs,
and expenses to Class Counsel; and (d) whether to approve the payment of incentive awards to
the Class Representatives. The Court may adjourn the Final Approval Hearing without further
notice to members of the Settlement Classes.
6. Class Counsel shall file papers in support of their Fee Award and Class
Representatives’ Incentive Awards (collectively, the “Fee Petition”) with the Court on or before
8 WIS tewecestod-date
Objection/Exclusion Deadtine).| Defendant may, but is not required to, file a response to Class
Counsel’s Fee Petition with the Court on or before T { as [saevented dale Of 2t days
before Finct-aApproval hearing | Class Counsel may file a reply in support of their Fee Petition
with the Court on or before 71 16|23 [suseested-dateof htinps before FinatApproval
hearing. |
efore the
7. Papers in support of final approval of the Settlement Agreement and any
supplementation to the Fee Petition shall be filed with the Court on or before f { /é | zr
buppested date of thdeys-before-Final Approval Hearing. |
Ce
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 4of12
Certification of the Settlement Class
8. For purposes of settlement only: (a) Philip L, Fraietta of Bursor & Fisher, P.A. is
appointed Class Counsel for the Settlement Class; and (b) Doreen Cahill and Janet Christman are
named Class Representatives, The Court finds that these attorneys are competent and capable of
exercising the responsibilities of Class Counsel and that Plaintiffs Cahill and Christman will
adequately protect the interests of the Settlement Class defined below.
9. For purposes of settlement only, the Court conditionally certifies the following
Settlement Classes as defined in the Settlement Agreement:
a. “Performance Issue Claim Class” is defined as (1) all Persons in the United States
(including its states, districts or territories) who are not excluded below in this
paragraph and who lodged complaints to Keurig claiming that a Coffee Maker
experienced the Defect within the first 12 months of purchase between October 1,
2020 to the date of Preliminary Approval and were not provided with a remedy by
Keurig pursuant to its Limited Warranty and (2) all Persons in the United States
(including its states, districts or territories) who are not excluded below in this
paragraph*Who nurehased-e-Coftes Maker in theClass period andcan demonstrate tH.
valid claims that a Coffee Maker manifested operational issues associated with the
descaling process. Excluded from the Performance Issue Claim Class are (1) any
Persons whose Coffee Makers are still within Defendant’s original Limited Warranty
period or the extended Limited Warranty period set forth below in paragraph 2.1{a);
(2) any Judge or Magistrate presiding over this Action and members of their families;
(3) the Defendant, Defendant’s subsidiaries, parent companies, successors,
predecessors, and any entity in which the Defendant or its parents have a controlling
interest and their current or former officers, directors, agents, and attorneys; (4)
Persons who properly execute and file a timely request for exclusion from the class;
and (5) the legal representatives, successors or assigns of any such excluded Persons.
b. “Coffee Maker Purchaser Class” which is defined as “ all Persons in the United
States (including its states, districts or territories) who purchased one of the Coffee
Makers, or Descaling Solution for use with the Coffee Makers, from two years prior
to the date of Preliminary Approval up to the date of Preliminary Approval, excluding
Performance Issue Claim Class Members and all Persons in the United States
(including its states, districts or territories) who lodged complaints to Keurig claiming
that a Coffee Maker experienced the Defect during the Class Period and who were
provided with a remedy by Keurig pursuant to its Limited Warranty. Also excluded
from the Coffee Maker Purchaser Class are (1) any Judge or Magistrate presiding
over this Action and members of their families; (2) the Defendant, Defendant’s
subsidiaries, parent companies, successors, predecessors, and any entity in which the
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 5of12
Defendant or its parents have a controlling interest and their current or former
officers, directors, agents, and attorneys; (3) Persons who properly execute and file a
timely request for exclusion from the class; and (4) the legal representatives,
successors or assigns of any such excluded Persons.” The Court finds, subject to the
Final Approval Hearing referred to in Paragraph 5, that the Settlement Agreement is
fundamentally fair, adequate, and reasonable, and, solely within the context of and for
the purposes of settlement only, that the Settlement Classes satisfy the requirements
of Rule 23 of the Federal Rules of Civil Procedure, specifically, that: the Settlement
Classes are so numerous that joinder of all members is impracticable; there are
questions of fact and law common to the Settlement Classes; the claims of the Class
Representatives are typical of the claims of the members of the Settlement Classes;
the Class Representatives and Class Counsel will fairly and adequately protect the
interests of the members of the Settlement Classes; common questions of law or fact
predominate over questions affecting individual members; and a class action is a
superior method for fairly and efficiently adjudicating the Action.
10. If the Settlement Agreement does not receive the Court’s final approval, or if final
approval is reversed on appeal, or if the Settlement Agreement is terminated or otherwise fails to
become effective, the Court’s grant of class certification shall be vacated, and the Class
Representatives will once again bear the burden of establishing the propriety of class
certification. In such case, neither the certification of the Settlement Classes for settlement
purposes, nor any other act relating to the negotiation or execution of the Settlement Agreement
shall be considered as a factor in connection with any class certification issue(s).
Notice and Administration
11. The Court approves, as to form, content, and distribution, the Notice Plan set forth
in the Settlement Agreement, including all forms of Notice to the Settlement Classes as set forth
in the Settlement Agreement and Exhibits B, C, and D thereto (the “Notice Forms”). The Notice
Plan shall be commenced by 6 | 30 [ 25° [eeegestectdnteof Ttitiapy after ermPy ofthis Y
pediment
Order] as outlined in Section 4.1 of the Settlement Agreement. The Cou finds that such Notice 4
is the best notice practicable under the circumstances, and that the Notice complies fully with the
inary .
requirements of the Federal Rules of Civil Procedure. The Court alsdMfinds that the Notice ¢
constitutes valid, due and sufficient notice to all persons entitled thereto, and meets the
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 6of12
dunarily
requirements of Due Process. The Court further, finds that the Notice is reasonably calculated to,
under all circumstances, reasonably apprise members of the Settlement Classes of the pendency
of this action, the terms of the Settlement Agreement, and the right to object to the settlement
feditenaels
and to exclude themselves from the Settlement Class. In addition, the Court finds that no notice
other than that specifically identified in the Settlement Agreement is necessary in this Action.
The Parties, by agreement, may revise the Notice Forms in ways that are not material, or in ways
that are appropriate to update those documents for purposes of accuracy or formatting.
12. The Court approves the request for the appointment of Epiq as Settlement
Administrator of the Settlement Agreement.
13. Pursuant to Section 4 of the Settlement Agreement, the Settlement Administrator
is directed to publish the Notice Forms on the Settlement Website and to send direct notice via
U.S. Mail and email, in accordance with the Notice Plan called for by the Settlement Agreement.
The Settlement Administrator shall also maintain the Settlement Website to provide full
information about the Settlement.
Submission of Claims and Requests for Exclusion from Class
14. Members of the Classes who wish to receive benefits under the Settlement
Agreement must complete and submit a timely and valid Claim Form(s) in accordance with the
instructions contained therein. All cash payment Claims Forms must be postmarked or received
by the Settlement Administrator within forty-five (45) days after the date of the Final Approval
Hearing in Paragraph 5, above.
15. Any person falling within the definitions of the Settlement Classes may, upon
valid and timely request, exclude themselves or “opt out” from the Class. Any such person may
do so if, on or before the Objection/Exclusion Deadline, which the Court orders to be set as 60
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 7 of12
days after the Notice Date, they comply with the exclusion procedures sct forth in the Settlement
Agreement and Notice. Any members of the Classes so excluded shall neither be bound by the
terms of the Settlement Agreement nor entitled to any of its benefits.
16, | Any members of the Settlement Classes who elect to exclude themselves or “opt
out” of the Settlement Agreement must file a written request with the Settlement Administrator,
received or postmarked no later than the Objection/Exclusion Deadline. The request for
exclusion must comply with the exclusion procedures set forth in the Settlement Agreement and
Notice and include the Settlement Classes member’s name and address, a signature, the name
and number of the case, and a statement that he or she wishes to be excluded from the Settlement
Class (including either of the Settlement Classes defined above) for the purposes of this
Settlement. Each request for exclusion must be submitted individually. So called “mass” or
“class” opt-outs shall not be allowed.
17. Individuals who opt out of the Classes relinquish all rights to benefits under the
Settlement Agreement and will not release their claims. However, members of the Settlement
Classes who fail to submit a valid and timely request for exclusion shall be bound by all terms of
the Settlement Agreement and the Final Judgment, regardless of whether they have requested
exclusion from the Settlement Agreement.
Appearances and Objections
18. At least twenty-one (21) calendar days before the Final Approval Hearing, any
person who falls within the definitions of the Settlement Classes and who does not request
exclusion from the Classes may enter an appearance in the Action, at their own expense,
individually or through counsel of their own choice. Any Member of the Settlement Classes who
does not enter an appearance will be represented by Class Counsel.
Case 7:22-cv-07507-CS Document75_ Filed 06/20/25 Page 8of12
19. | Any members of the Settlement Classes who have not timely filed a request for
exclusion may object to the fairness, reasonableness, or adequacy of the Settlement Agreement
or to a Final Judgment being entered dismissing the Action with prejudice in accordance with the
terms of the Settlement Agreement, or to the attorneys’ fees and expense reimbursement sought
by Class Counsel in the amounts specified in the Notice, or to the award to the Class
Representatives as set forth in the Notice and Settlement Agreement. At least fourteen (14) days
prior to the Objection/Exclusion Deadline, papers supporting the Fee Award shall be filed with
the Court and posted to the settlement website. Members of the Classes may object on their
own, or may do so through separate counsel at their own expense.
20, To object, members of the Classes must sign and file a written objection no later
than on or before the Objection/Exclusion Deadline, which the Court orders to be set as 60 days
after the Notice Date. To be valid, the objection must comply with the objection procedures set
forth in the Settlement Agreement and Notice. Specifically, the objection must contain a caption
or title that identifies it as “Objection to Class Settlement in Cahill v. Keurig Green Mountain,
Inc.,” contact and address information for the objecting Settlement Class Member, documents
sufficient to establish the person’s standing as a Settlement Class Member (such as, for example,
the person’s receipt of purchase of a Coffee Maker), the facts supporting the objection, and the
legal grounds on which the objection is based, the name and contact information of any and all
attorneys representing, advising, or in any way assisting him or her in connection with the
preparation or submission of the objection or who may profit from the pursuit of the objection
(the “Objecting Attorneys”), and a statement indicating whether he or she intends to appear at the
Final Approval Hearing (either personally or through counsel who files an appearance with the
Court in accordance with Southern District of New York Local Rules). Ifa Settlement Class
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page9of12
Member or any of the Objecting Attorneys has objected to any class action settlement where the
objector or the Objecting Attorneys asked for or received any payment in exchange for dismissal
of the objection, or any related appeal, without any modification to the settlement, then the
objection must include a statement identifying each such case by full case caption. Class Counsel
and Defendant’s Counsel may petition the Court for discovery of any objector to determine
whether the objector has standing as a Settlement Class Member.
21. Members of the Classes who fail to file and serve timely written objections in
compliance with the requirements of this paragraph and the Settlement Agreement shall be
deemed to have waived any objections and shall be foreclosed from making any objections
(whether by appeal or otherwise) to the Settlement Agreement or to any of the subjects listed in
paragraph 5, above, ie. (a) whether the proposed settlement of the Action on the terms and
conditions provided for in the Settlement Agreement is fair, reasonable, and adequate and should
be given final approval by the Court; (b} whether a judgment and order of dismissal with
prejudice should be entered; (c) whether to approve the payment of attorneys’ fees and expenses
to Class Counsel: and (d) whether to approve the payment of an incentive award to the Class
Representatives.
22. To be valid, objections by persons represented by counsel must be filed
\
electronically on the docket. Pro se objectors may mail theit eee i the Court, Honorable Cd
Cathy Seibel, 300 Quarropas Street, White Plains, New York 1601, with a copy also sent to
Class Counsel Philip L. Fraietta of Bursor & Fisher, P.A., 1330 Avenue of the Americas, 32nd
Floor, New York, NY 10019; and Defendant’s Counsel Robert A. Roth of Reed Smith LLP, 10
South Wacker Drive, Chicago, IL 60606.
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 10 of 12
Further Matters
23. All further proceedings in the Action are ordered stayed until Final Judgment or
termination of the Settlement Agreement, whichever occurs earlier, except for those matters
necessary to obtain and/or effectuate final approval of the Settlement Agreement.
24. | Members of the Settlement Classes shall be bound by all determinations and
judgments concerning the Settlement Agreement and Final Approval of same, whether favorable
or unfavorable.
25. The Court retains jurisdiction to consider all further applications arising out of or
connected with the proposed Settlement Agreement. The Court may approve the Settlement
Agreement, with such modifications as may be agreed to by the Parties, if appropriate, without
further notice to the Classes.
26. Any Settlement Class Member who does not timely and validly request exclusion
from the Class pursuant to Paragraphs 16-18 hereto: (a) shall be bound by the provisions of the
Settlement Agreement and all proceedings, determinations, orders and judgments in the Action
relating thereto, including, without limitation, the Final Judgment, and the Releases provided for
therein, whether favorable or unfavorable to the Classes; and (b) shall forever be barred and
enjoined from directly or indirectly filing, commencing, instituting, prosecuting, maintaining, or
intervening in any action, suit, cause of action, arbitration, claim, demand, or other proceeding in
any jurisdiction, whether in the United States or elsewhere, on their own behalf or ina
representative capacity, that is based upon or arises out of any or all of the Released Claims
against any of the Defendant and the other Released Parties, as more fully described in the
Settlement Agreement.
27. Pursuant to this Order:
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Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 11of12
a. The Notice Plan shall be commenced by cf 3ef2e [suecestedttntenf
lb-days-after-ermry of this-Order] as outlined in Section 4.1 of the Settlement
Agreement;
b. Class Counsel shall file papers in support of their Fee Award and Class
Representatives’ Incentive Awards (collectively, the “Fee Petition”) with the
Court on or before 3 [ i" fas [suggested date-of 12 daysatterentaof this
Onder (te, 14 taps before the Objection/Excluston Deadline).| Defendant
may, but is not required to, file a response to Class Counsel’s Fee Petition Cd
with the Court on or before al4 pe [snagesteddate Of 21 days before
Finel-Approvathearing,| Class Counsel may file a reply in support of their
Fee Petition with the Court on or before T is l 4) suggested date-ofl 4
days-beforé Final Approval hearing. ];
ce. Objections shall be filed in accordance with Paragraph 21 of this Order on or
3
before g| 24] 2S suseestert Hate of 60 days after The “Notice Datel,
d. Requests for Exclusion shall be submitted in accordance with Paragraphs 16-
18 of this Order on or before e/ 24 | 25" [rppested date of 60 days after the cd
Natiee-Pate-}-—
e. Papers in support of final approval of the Settlement Agreement and any
supplementation to the Fee Petition shali be filed with the Court on or before 4 } Ib / 23
GABP: ssecosted tae Of TH HGS BeOre F mat approver tearing CY
f. The Final Approval Hearing shall be held before this Court on
4{zolzv at 14S | su gcemteddateof St tays-aferentry of Tis
Order} at the Charles L. Brieant Jr. Federal Building and United States
11
Case 7:22-cv-07507-CS Document 75 Filed 06/20/25 Page 12 of 12
Courthouse, 300 Quarropas Street, White Plains, New York;
g. All Claims Forms must be postmarked or received by the Settlement
Administrator within forty-five (45) days after the date of the Final Approval
Hearing in Paragraph 5, above.
A
IT IS SO ORDERED, this W June. , 2025.
day of
(fly fobey
The Honorable Cathy Seibel
United States District Judge
12