Case: Hayman v. Mastercard, Inc.

Hayman v. Mastercard

Legal Defense Fund

COMPLAINT against Mastercard, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30453886)Document filed by L. Kasomo, Deborah Hayman, S. Brown, G.A. Gomes..(Greene, Cara) (Entered: 01/14/2025)

CIVIL COVER SHEET filed..(Greene, Cara) (Entered: 01/14/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Mastercard, Inc., re: 1 Complaint. Document filed by Deborah Hayman, G.A. Gomes, S. Brown, L. Kasomo..(Greene, Cara) (Entered: 01/14/2025)

MOTION for Settlement Motion for Preliminary Approval of Class and Collective Action Settlement. Document filed by Deborah Hayman, G.A. Gomes, S. Brown, L. Kasomo. (Attachments: # 1 Proposed Order Proposed Order).(Greene, Cara) (Entered: 01/14/2025)

1 Proposed Order Proposed Order

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MEMORANDUM OF LAW in Support re: 4 MOTION for Settlement Motion for Preliminary Approval of Class and Collective Action Settlement. . Document filed by Deborah Hayman, G.A. Gomes, S. Brown, L. Kasomo..(Greene, Cara) (Entered: 01/14/2025)

DECLARATION of Cara E. Greene in Support re: 4 MOTION for Settlement Motion for Preliminary Approval of Class and Collective Action Settlement.. Document filed by Deborah Hayman, G.A. Gomes, S. Brown, L. Kasomo. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit B - Proposed Notice).(Greene, Cara) (Entered: 01/14/2025)

1 Exhibit A - Settlement Agreement

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2 Exhibit B - Proposed Notice

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Notice to Attorney Regarding Case Opening Statistical Error Correction

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Andrew E. Krause is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designated ECF. (jgo)

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Cara Elizabeth Greene. The following case opening statistical information was erroneously selected/entered: Cause of Action code None; County code Westchester;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:206; the County code has been modified to XX Out of State;. (jgo)

ELECTRONIC SUMMONS ISSUED as to Mastercard, Inc...(jgo) (Entered: 01/15/2025)

NOTICE OF APPEARANCE by Elizabeth M. Sacksteder on behalf of Mastercard, Inc...(Sacksteder, Elizabeth) (Entered: 01/15/2025)

NOTICE OF APPEARANCE by Johan Erik Tatoy on behalf of Mastercard, Inc...(Tatoy, Johan Erik) (Entered: 01/15/2025)

NOTICE OF APPEARANCE by Jeffrey S. Klein on behalf of Mastercard, Inc...(Klein, Jeffrey) (Entered: 01/15/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mastercard, Inc...(Sacksteder, Elizabeth) (Entered: 01/15/2025)

NOTICE OF APPEARANCE by Adam T Klein on behalf of Deborah Hayman, G.A. Gomes, S. Brown, L. Kasomo..(Klein, Adam) (Entered: 01/22/2025)

NOTICE OF APPEARANCE by Shira Zahava Gelfand on behalf of Deborah Hayman, G.A. Gomes, S. Brown, L. Kasomo..(Gelfand, Shira) (Entered: 01/22/2025)

NOTICE OF APPEARANCE by Chauniqua Danielle Young on behalf of Deborah Hayman, G.A. Gomes, S. Brown, L. Kasomo..(Young, Chauniqua) (Entered: 01/22/2025)

ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT granting 4 Motion for Settlement. it is HEREBY ORDERED, ADJUDGED and DECREED as follows: Plaintiffs Deborah Hayman, G.A. Gomes, L. Kasomo, and S. Brown ("Plaintiffs"), on behalf of themselves and all others similarly situated, and Defendant Mastercard, Inc. (collectively, the "Settling Parties") have negotiated a settlement of this action (the "Action") to avoid the uncertainty, expense, and burden of further litigation, and to resolve any and all claims being released by the Settlement Stipulation. The Settlement Stipulation entered into by and among the Settling Parties has been negotiated at arm's length and is approved on a preliminary basis as fair, reasonable, and adequate. A hearing regarding final approval of the Settlement Stipulation ("Final Approval Hearing") will be held on May 14, 2025 at 11:00 a.m. in Courtroom 11B of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, New York, before the Honorable Jessica G. L. Clarke. The Court authorizes the Parties to take all necessary and appropriate steps to implement the Settlement Stipulation. (And as further set forth herein.) SO ORDERED.. (Signed by Judge Jessica G. L. Clarke on 1/30/2025) (jca) (Entered: 01/30/2025)

Set/Reset Hearings: Status Conference set for 5/14/2025 at 11:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jessica G. L. Clarke. (jca)

NOTICE OF CHANGE OF ADDRESS by Jeffrey S. Klein on behalf of Mastercard, Inc.. New Address: Clarick Gueron Reisbaum LLP, 41 Madison Avenue, 23rd Floor, New York, NY, USA 10010, 212-633-4310..(Klein, Jeffrey) (Entered: 02/03/2025)

LETTER addressed to Judge Jessica G. L. Clarke from Cara E. Greene dated April 15, 2025 re: Joint Motion to Reschedule Final Approval Hearing. Document filed by S. Brown, G.A. Gomes, Deborah Hayman, L. Kasomo..(Greene, Cara) (Entered: 04/15/2025)

MEMO ENDORSEMENT on re: 17 Letter filed by S. Brown, L. Kasomo, G.A. Gomes, Deborah Hayman. ENDORSEMENT: Application GRANTED. The Final Approval Hearing scheduled for May 14, 2025 is ADJOURNED to July 30, 2025 at 3:00 pm in Courtroom 11B at 500 Pearl Street, New York, New York. SO ORDERED. ( Status Conference set for 7/30/2025 at 03:00 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jessica G. L. Clarke.) (Signed by Judge Jessica G. L. Clarke on 4/16/2025) (sgz) (Entered: 04/17/2025)

OBJECTION TO PROPOSED CLASS ACTION SETTLEMENT. Document filed by Brenda Thomas. (Attachments: # 1 Exhibit 1).(tg) (Entered: 06/05/2025)

1 Exhibit 1

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MOTION for Settlement Unopposed Motion for Final Approval of Class and Collective Settlement. Document filed by S. Brown, G.A. Gomes, Deborah Hayman, L. Kasomo. (Attachments: # 1 Proposed Order Proposed Order).(Greene, Cara) (Entered: 07/09/2025)

MEMORANDUM OF LAW in Support re: 20 MOTION for Settlement Unopposed Motion for Final Approval of Class and Collective Settlement. . Document filed by S. Brown, G.A. Gomes, Deborah Hayman, L. Kasomo..(Greene, Cara) (Entered: 07/09/2025)

DECLARATION of Cara E. Greene in Support re: 20 MOTION for Settlement Unopposed Motion for Final Approval of Class and Collective Settlement.. Document filed by S. Brown, G.A. Gomes, Deborah Hayman, L. Kasomo. (Attachments: # 1 Exhibit A - Stipulation of Settlement and Release, # 2 Exhibit B - Class Notice, # 3 Exhibit C - Declaration of Jennifer Smith for Rust Consulting).(Greene, Cara) (Entered: 07/09/2025)

MOTION for Attorney Fees Motion for Approval of Service Awards and Class Counsels' Fees and Costs. Document filed by S. Brown, G.A. Gomes, Deborah Hayman, L. Kasomo..(Greene, Cara) (Entered: 07/09/2025)

MEMORANDUM OF LAW in Support re: 23 MOTION for Attorney Fees Motion for Approval of Service Awards and Class Counsels' Fees and Costs. . Document filed by S. Brown, G.A. Gomes, Deborah Hayman, L. Kasomo..(Greene, Cara) (Entered: 07/09/2025)

DECLARATION of Cara E. Greene in Support re: 23 MOTION for Attorney Fees Motion for Approval of Service Awards and Class Counsels' Fees and Costs.. Document filed by S. Brown, G.A. Gomes, Deborah Hayman, L. Kasomo. (Attachments: # 1 Exhibit 1 - Stipulation of Settlement and Release, # 2 Exhibit 2 - Lodestar Summary, # 3 Exhibit 3 - Costs Summary, # 4 Exhibit 4 - Declaration of Deborah Hayman, # 5 Exhibit 5 - Declaration of G.A. Gomes, # 6 Exhibit 6 - Declaration of S. Brown, # 7 Exhibit 7 - Declaration of L. Kasomo).(Greene, Cara) (Entered: 07/09/2025)

NOTICE of Compliance with 28 U.S.C. § 1715. Document filed by Mastercard, Inc.. (Attachments: # 1 Exhibit A - List of Recipients, # 2 Exhibit B - List of Recipients, # 3 Exhibit C - List of Recipients).(Tatoy, Johan Erik) (Entered: 07/09/2025)

Fairness Hearing

ORDER GRANTING FINAL APPROVAL OF SETTLEMENT, APPROVAL OF SERVICE AWARDS, AND APPROVAL OF CLASS COUNSEL'S FEES AND COSTS: Accordingly, it is HEREBY ORDERED, ADJUDGED and DECREED as follows: Service Awards. The Court finds that service awards of $25,000 each to the Class Representatives are reasonable. Service awards are common in class action cases and serve to compensate plaintiffs for the time and effort expended in assisting the prosecution of the litigation, the risks incurre d by becoming and continuing as a Class Representative, and any other burdens sustained by the plaintiffs. Here, the requested service awards are reasonable and are approved. As further stated in this Order, Attorneys' Fees and Expenses. The Court awards Class Counsel $8,666,666.66 in fees and costs for their efforts in support of this litigation out of the Gross Settlement Amount. Class Counsel engaged considerable resources in the prosecution of this case. The attorneys at O utten & Golden LLP are experienced class action and employment lawyers with good reputations among the class action and employment bars and significant experience in litigating criminal history discrimination claims. Class Counsel are nationally re cognized employment class action litigators. Although Class Counsel had no guarantee of any compensation pursuing this case, and have worked without compensation, they achieved substantial success in settling the claims on behalf of the Class, a nd will continue to perform work on behalf of the Class going forward to effectuate the terms of the Settlement. Settlement Administrator. Rust Consulting Group, Inc. is hereby appointed to continue serving as Settlement Administrator and its fee o f $65,000 is approved. Implementation. The Court authorizes the Parties to take all necessary and appropriate steps to implement the Settlement Stipulation. The parties shall abide by all terms of the Settlement Stipulation. Specifically, pu rsuant to the Settlement Stipulation, the Parties shall execute the following next steps: (a) Within fourteen (14) days after the date of Final Approval, Defendant shall deposit $26,000,000 (the Settlement Payment) into the Qualified Settlemen t Fund ("QSF") established by the Settlement Administrator. (b) Within fourteen (14) calendar days after Mastercard makes the Settlement Payment, the Settlement Administrator shall re-calculate each Participating Class Member's Pa rticipating Class Member Payment and mail to each Participating Class Member settlement checks written from the QSF's bank account and equaling the Participating Class Member Payment. (c) The Settlement Administrator will send ou t reminders within sixty (60) calendar days after the initial distribution of settlement checks to Participating Class Members reminding them to cash their checks prior to the 90-day deadline. Such reminders will be sent via email and/or text m essage for Participating Class Members for which the Settlement Administrator has an email address or mobile phone number, and by U.S. First Class Mail for Participating Class Members for which the Settlement Administrator has neither an email ad dress nor a mobile phone number. Dismissal with Prejudice. Upon the fulfillment of all settlement terms, the entire Litigation will be dismissed with prejudice, and without costs, expenses or attorneys' fees to any party except as provided in the Settlement Stipulation and this Order. All Participating Class Members who did not opt out, all Participating Collective Members who deposit a Settlement Check, and Plaintiffs are permanently enjoined from asserting, pursuing, and/ or seeking to reopen claims that have been released through the Settlement Stipulation. The Court retains jurisdiction over the interpretation and implementation of the Settlement Stipulation. The Clerk of Court is directed to CLOSE this case. (A nd as further set forth herein.) It is so ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/1/2025) Motions terminated: 23 MOTION for Attorney Fees Motion for Approval of Service Awards and Class Counsels' Fees and Costs. 20 MOTION for Settlement Unopposed Motion for Final Approval of Class and Collective Settlement. (ar)