United States District Court, C.D. California
LISA KIM, individually on behalf of herself and all others similarly situated, Plaintiff,
TINDER, INC., a Delaware corporation; MATCH GROUP, LLC, a Delaware limited liability company; MATCH GROUP, INC., a Delaware corporation; and DOES 1 through 10, inclusive, and each of them, Defendants.
John F.Walter, United States District Judge.
January 20, 2019, Plaintiff Lisa Kim (âPlaintiffâ) sought
preliminary approval of a proposed class action settlement
and filed with the Court the Class Action Settlement
Agreement (âAgreementâ) (Dkt. No. 52-1, Ex. A). Defendants
Tinder, Inc., Match Group, LLC, and Match Group, Inc.
(collectively, âDefendantsâ) served written notice of the
proposed class action settlement pursuant to 28 U.S.C. Â§
capitalized terms used in this Judgment have the meanings
defined in this Judgment or in the Agreement, which is
incorporated herein by reference.
full consideration of the papers filed in support of and in
opposition to the motion for preliminary approval, the Court
found the matter to be appropriate for decision without oral
argument and issued its Order Granting Plaintiff's Motion
for Preliminary Approval of Class Action Settlement and
Certification of Settlement Class (“Preliminary
Approval Order”) (Dkt. No. 60). Pursuant to the
Preliminary Approval Order, the Court, among other things:
(i) preliminarily certified (for settlement purposes only) a
class of plaintiffs (Class Members) with respect to the
claims in this Litigation; (ii) preliminarily approved the
proposed settlement; (iii) appointed Plaintiff as the Class
Representative; (iv) appointed Law Offices of Todd M.
Friedman, P.C. and Kristensen Weisberg, LLP as Class Counsel;
and (v) set the date and time for the Final Approval hearing
for June 17, 2019 at 1:30 p.m.
April 22, 2019, Class Counsel timely filed their Motion for
Attorneys' Fees, Costs, and Incentive Awards
(“Motion for Attorneys' Fees”) (Dkt. No. 63).
13, 2019, Class Counsel timely filed their Motion for Final
Approval of Class Settlement (“Motion for Final
Approval”) (Dkt. No. 71), requesting final
certification of the settlement class under Federal Rule of
Civil Procedure 23(a) and (b)(3) and final approval of the
class action settlement.
17, 2019, a Final Approval Hearing was held to determine
whether the Litigation satisfies the applicable prerequisites
for class action treatment and whether the proposed
settlement is fundamentally fair, reasonable, adequate, and
in the best interests of the Class Members and should be
approved by the Court.
Court read and considered the Agreement, the Motion for
Attorneys' Fees and all papers filed in support and in
opposition thereto, the Motion for Final Approval and all
papers filed in support and in opposition thereto, including
the Objections filed, and the complete record in this
Litigation. On June 19, 2019, the Court issued Orders
granting the Motion for Attorneys' Fees and the Motion
for Final Approval (Dkt. Nos. 90-92), good cause appearing
ORDERED, ADJUDGED, AND DECREED:
1. The Court has jurisdiction over this Litigation, the
claims raised in this Litigation, and the Parties.
2. The prerequisites of Federal Rule of Civil Procedure 23(a)
and (b)(3) have been satisfied for certification of the
Settlement Class for settlement purposes because: the
Settlement Class Members are too numerous to be joined in a
single action; common issues of law and fact exist, and for
the limited purposes of settlement, predominate; the claims
of the Class Representative are typical of the claims of the
Settlement Class Members; the Class Representative and Class
Counsel have fairly and adequately protected the interests of
the Settlement Class Members; and class settlement is
superior to alternative means of resolving, for settlement
purposes, the claims and disputes at issue in this
3. For purposes of approval of the Settlement and Final
Approval Order, the Court certifies the Settlement Class,
which consists of every person in California who subscribed
to Tinder Plus or Tinder Gold during the period between March
2, 2015 and March 1, 2019 and at the time of the subscription
was at least 29 years old and was charged a higher rate than
younger subscribers, except for persons who have timely opted
out of the Settlement Class.
4. The 238 persons who opted out pursuant to the procedures
identified in the Notice and incorporated herein by reference
will not form part of the Settlement Class pursuant to the
5. For the purpose of Settlement, the Court certifies as
Class Counsel Law Offices of Todd M. Friedman, P.C. and