united states district court for the … released rights shall be barred by principles of res...

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

NEWPORT NEWS DIVISION

FRANCIS W. HOOKER, Jr., for himself and on behalf of all similarly situated individuals,

Plaintiff,

v.

SIRIUS XM RADIO INC.

Defendant.

Case No.: 4:13-cv-00003 (AWA/LRL)

AMENDMENT TO SETTLEMENT AGREEMENT

This Amendment to the Class Action Settlement Agreement (“Amendment”) is entered

into as of November 1, 2016 among Plaintiffs Francis W. Hooker, Jr., Eric Knutson, Yefim Elikman

and Anthony Parker (the “Named Plaintiffs”) in the below-described cases, individually and on

behalf of the Class, by and through their counsel Caddell & Chapman; The Consumer and

Employee Rights Law Firm, P.C.; Kazerouni Law Group, APC; Hyde & Swigart; McGuire Law,

P.C.; and McMorrow Law, P.C. (collectively, “Class Counsel”), and Defendant Sirius XM Radio

Inc. (“Sirius XM”), by and through its counsel, Jones Day (the Named Plaintiffs and Sirius XM,

collectively, the “Parties”).

WHEREAS, the Parties entered into a Class Action Settlement Agreement on August 5,

2016 (the “Settlement Agreement”);1

WHEREAS, on August 18, 2016, the Court granted Preliminary Approval to the

Settlement and scheduled a Final Approval Hearing, (Dkt. 188);

WHEREAS, the Final Approval Hearing is currently scheduled for December 20, 2016;

1 All capitalized terms herein are used as defined in the Settlement Agreement.

Case 4:13-cv-00003-AWA-LRL Document 192-1 Filed 11/16/16 of 9 PageID# 4085

– 2 –

WHEREAS, the Parties wish to amend Section 5 of the Settlement Agreement, titled

“Release”;

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby

mutually acknowledged, the Parties agree to modify the Settlement Agreement as follows, subject

to the Court’s approval.

Section 5.a of the Settlement Agreement, entitled “Release,” is hereby stricken in its

entirety and replaced with the following:

5. Release.

a. In addition to the effect of any orders and final judgments entered in accordance with

this Agreement, the Named Plaintiffs and any Class Member who has not timely excluded himself

or herself as provided below (individually, a “Releasing Party,” and collectively, the “Releasing

Parties”), whether or not that Class Member objects to the Settlement, shall be bound by this

Agreement and shall have recourse only to the benefits, rights and remedies provided hereunder.

The Releasing Parties shall release and forever discharge Sirius XM, its past, present or future

officers, directors, insurers, general or limited partners, divisions, stockholders, agents, the

telemarketing vendors currently known as Afni, Convergys, Dial America, iPaceSetters, Results,

Servicom, StraightForward, Sykes and Career Horizons, Inc. dba TeleServices Direct, attorneys,

employees, legal representatives, trustees, parents, associates, affiliates, subsidiaries, partners,

heirs, executors, administrators, purchasers, predecessors, successors and assigns (collectively,

the “Released Parties”) from any and all claims, counterclaims, lawsuits, set-offs, costs, losses,

rights, demands, charges, complaints, actions, causes of action, obligations, or liabilities of any and

every kind, including without limitation (i) those known or unknown or capable or not capable of

being known, (ii) those which are unknown but might be discovered or discoverable, and (iii) those

accrued, unaccrued, matured or not matured, all from the beginning of the world until today, that

arise out of or in any way relate or pertain to claims, no matter how styled, (a) that were asserted,

or attempted to be asserted, or that could have been asserted in the Cases, or (b) alleging use by

any or all of the Released Parties or by any vendor retained by the Released Parties of any


– 3 –

“automatic telephone dialing system,” “automatic dialer,” “automated dialer,” “predictive

dialer,” “dialer,” and/or any “artificial or prerecorded voice” (to the fullest extent that those

terms are used, defined, or interpreted under the TCPA, relevant regulatory or administrative

promulgations, and case law) to make telephone calls to a wireless, cell or mobile telephone number

in connection with efforts to contact or attempt to contact Class Members on behalf of Sirius XM,

including but not limited to (i) claims arising under or relating to the TCPA or any similar state or

federal law, (ii) statutory or common law claims predicated upon any alleged violations of the

TCPA or any similar state or federal law, and (iii) statutory or common law claims predicated upon

and/or arising from the use by any or all of the Released Parties or by any vendor retained by the

Released Parties of any “automatic telephone dialing system,” “automatic dialer,” “automated

dialer,” “predictive dialer,” “dialer,” and/or “artificial or prerecorded voice” (collectively, the

“Released Rights”). The Release in this Section shall be included as part of any judgment, so that

all Released Rights shall be barred by principles of res judicata, collateral estoppel, and claim and

issue preclusion.

This Amendment is not intended to amend or modify any other provisions of the

Settlement Agreement, all of which remain in full force and effect.

IN WITNESS WHEREOF, the Parties, through their counsel, have caused this

Amendment to be executed on November 1, 2016.


I'atrick t-- Donnelll'

Counsel anrl StcretaryBI,

CADDILL & C]tr\PivlAN, Couns*l lo frumcisW. Hooker in Fiancis ll/. Hooker v Sirius XMRadio lac.,No. 4: I 3-cv-3 (8,D. Va.;

/,{rieh&,tuq #{* { ,^J,d rillichael A. Caddell6?8 E. 9s SrrectHouston,Tx 77007

t?I3) 7sl-0400

TTIE CONSUMER AND EMPI,OYEERIGHTS LAW f IRM, P.C., Counsel ro Francis\Y. Hooksr in Fr<rrrcis W. Hoo*,sr v. Srrirs,tMRgdio lrl{.",No.4:13-cv-3 (E-D. Va.)

901 Lakeside Ave.Clevelard" Or{ 441 l+l 190(2r6) sEe,3939

HYDE & S*'IG.{RT, counsel to Erik Knulsonin fri* ,tnrJ.rr.rr l'. .Sirjss,t+/.Rc.fin Jnc-, No.I 2-cv-&ll 8-AJB-DI{B (S.D. Cal.)

Joshua B. Swigart2221 Csmirm Del Rio South, Suite tr01

SanDiegoCA 9210t(619) 233-?770

s,,0?fuffqou, C /LIPL' Ch"$"tri* N"rth --

B),

75t-A Thirnble Shoals Bh'd-Nswport News, VA 23606

{7s?) 873-10r0

K,\ZIROLINI I.,\\\' GROL'P. ..\}'C, CErit Knutson n Eri*, Ktrutson r'. Siriru&adia Inc., No. I 2-cv-04 I 8-AJB-DHBCal.i

Abbas Kazcrounian245 Fiseher Ave." Suite DlCosta Mesa, CAq?626{800) 400-680E

B)'

-4-


united states district court for the … released rights shall be barred by principles of res...

Documents