Robbins v. PlushCare, Inc.

Background

Sarah Robbins and Tiffany Smith brought this class action individually and on behalf of others similarly situated against PlushCare, Inc. and PlushCare of California, Inc. The parties submitted an unopposed motion for preliminary approval of their proposed class-action settlement. The order states that PlushCare denied wrongdoing and continued to deny the validity of the plaintiffs’ claims.

Settlement Class

For settlement purposes only, the court conditionally certified this class under Federal Rule of Civil Procedure 23: all people who, from January 10, 2020, through August 30, 2022, enrolled in an automatically renewing PlushCare monthly subscription and were charged and paid one or more monthly subscription payments during that period. The order excludes certain people and entities, including the defendants and related persons, judicial officers presiding over the action and their families, people who timely opt out, and legal representatives or successors of excluded people.

The court appointed Sarah Robbins and Tiffany Smith as class representatives and appointed Alexis M. Wood and Kas L. Gallucci of the Law Offices of Ronald A. Marron as class counsel. These appointments were for settlement purposes only. The court stated that the defendants could contest class certification if the settlement was not finally approved.

Court’s Ruling

The court granted preliminary approval of the settlement after finding it fundamentally fair, reasonable, adequate, and in the best interests of the class based on the factors identified in the order. The court noted that the settlement was negotiated at arm’s length by experienced attorneys and with the assistance of a retired judge serving through JAMS.

The court approved the proposed notice plan, which included postcard notice, email notice, a longer-form notice, and a claim form. It appointed Angeion Group as settlement administrator and directed the parties and administrator to begin email notice and launch a settlement website. Class members who wished to opt out or object generally had to submit the required materials by June 13, 2023. The court also stayed other proceedings except those related to carrying out the settlement and temporarily barred plaintiffs and non-excluded class members from pursuing other proceedings based on the released claims while final approval was pending.

The court scheduled a final approval hearing for July 21, 2023, to decide whether to grant final approval and whether to grant applications for attorneys’ fees, expenses, and incentive awards. This order granted preliminary approval; it did not state that the settlement received final approval.