govinfo:USCOURTS-mnd-0_25-cv-01409-1

UNITED STATES DISTRICT COURT 
DISTRICT OF MINNESOTA  
 
IN RE EISNER ADVISORY GROUP 
DATA BREACH LITIGATION 
Case No. 25-cv-01409 (LMP/DTS) 
 
PRELIMINARY APPROVAL ORDER 
 
 
 On May 13, 2026, Plaintiffs filed an unopposed Motion for Preliminary Approval 
of a Class Settlement between themselves and Defendant Eisner Advisory Group LLC 
(“Eisner”).  ECF No. 61.  The Motion is accompanied by a copy of the executed settlement 
agreement, ECF No. 62-2 at 1–46, claim submission forms, id. at 48–54, and notice forms, 
id. at 56–66.  The underlying class action involves a data breach experienced by Eisner in 
September 2023 (the “Data Incident”) that affected more than 85,000 individuals.  See ECF 
No. 55 ¶¶ 1–2. 
Having fully considered the issues presented by Plaintiffs’ motion, the Court hereby 
GRANTS the motion, enters a Preliminary Approval Order, and ORDERS as follows: 
1. Jurisdiction.  The Court has subject-matter jurisdiction and personal 
jurisdiction over the parties before it.  Additionally, venue is proper in this District pursuant 
to 28 U.S.C. § 1332(d). 
2. Class Certification for Settlement Purposes Only.  The following 
Settlement Class is provisionally certified for purposes of settlement only: 
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All persons who were affected by the Data Incident, including but not 
limited to those who were sent a notice letter by Eisner concerning the 
Data Incident discovered in September of 2023. 
 
The Court also provisionally certifies the following California Subclass:  
 
Members of the Settlement Class, as previously defined, within 
California. 
 
Excluded from the Settlement Class are:  
 
(i) Defendants, any entity in which Defendants have a controlling 
interest, and Defendants’ officers, directors, legal representatives, 
successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial 
officer presiding over this matter and members of their immediate 
families and their judicial staff; (iii) all individuals who make a timely 
election to be excluded from this proceeding using the correct protocol 
for opting out; (iv) the attorneys representing the Settling Parties in the 
Action; and (v) any person found by a court of competent jurisdiction 
to be guilty under criminal law of initiating, causing, aiding, or abetting 
the Data Incident, or who pleads nolo contendere to any such charge. 
 
The Court finds that it will likely be able to certify the Settlement Class for purposes 
of judgment on the settlement because it meets all of the requirements of Rule 23(a).  
Specifically, the Court finds for settlement purposes only that: (1) the class is so numerous 
that joinder of all members is impracticable; (2) there are questions of law or fact common 
to the class; (3) the claims or defenses of the representative parties are typical of the claims 
or defenses of the class; and (4) the representative parties will fairly and adequately protect 
the interests of the class.  The Court further finds that the questions of law or fact common 
to class members predominate over any questions affecting only individual members, and 
that a class action is superior to other available methods for fairly and efficiently 
adjudicating the controversy. 
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3. Settlement Class Representatives.  The Court grants Plaintiffs’ request to 
name Christopher Niosi, Andrew Marston, Robert Crist, Rebecca L. Lemmons, David 
Fallen, Chris Ouellette, Hannah Watzka, and Timothy Rushing as  the Settlement Class 
Representatives. 
4. Settlement Class Counsel.  Raina Borrelli of Strauss Borrelli PLLC, 
Philip J. Krzeski of Chestnut Cambronne PA, David Goodwin of Gustafson Gluek PLLC, 
and William B. Federman of Federman & Sherwood  are designated as Settlement Class 
Counsel pursuant to Rule 23(g). 
5. Preliminary Settlement Approval.  Upon preliminary review, the Court 
finds the Settlement is fair, reasonable, and adequate to warrant providing notice of the 
Settlement to the Settlement Class and, accordingly, is preliminarily approved.  In making 
this determination, the Court has considered the relative merits of the parties’ positions; 
the costs, risks, and delay associated with continued litigation; the good-faith, arm’s-length 
negotiations between experienced counsel; the effectiveness of providing relief to the class; 
the equitable treatment of the Settlement Class members under the Settlement Agreement; 
and all other factors required by statute, rule, and case law. 
6. Final Approval Hearing.  A Final Approval Hearing shall be held on  
October 13, 2026, at 2:00 p.m. CDT in Courtroom 3A, Warren E. Burger Federal Building 
and U.S. Courthouse, 316 Robert Street N., St. Paul, MN 55101, where the Court will 
determine, among other things, whether: (1) the proposed Settlement on the terms and 
conditions provided for in the Settlement Agreement is fair, reasonable, and adequate to 
the Settlement Class, and should be finally approved by the Court; (2) the proposed plan 
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of allocation for the proceeds of the Settlement is fair and reasonable and should be 
approved; (3) the motion by Class Counsel for an award of attorneys’ fees, reimbursement 
of expenses, and awards to Class Representatives should be approved; (4) a judgment 
should be entered dismissing this action with prejudice against Eisner; and (5) to consider 
any other matters that may properly be brought before the Court in connection with the 
Settlement.  
Class Counsel must file their Motion for Final Approval of the Settlement no later 
than September 29, 2026.  Class Counsel shall file and serve opening papers in support of 
Class Counsel’s motion for an award of attorneys’ fees, reimbursement of expenses, and 
awards to Class Representatives no later than September 8, 2026; and reply papers, if any, 
shall be filed and served no later than October 2, 2026. 
7. Settlement Administrator.  Class Counsel are hereby authorized to retain 
Verita Global, LLC (the “Claims Administrator”) to supervise and administer the notice 
procedure in connection with the proposed Settlement as well as the processing of claims.  
The Claims Administrator’s fees, as well as all other costs and expenses associated with 
notice and administration, will be paid out of the Settlement Fund, as provided in the 
Settlement. 
8. Notice Deadlines.  The proposed notice program set forth in the Settlement 
Agreement is hereby approved.  Not later than September 29, 2026, Eisner shall provide 
the Claims Administrator with the Settlement Class List, meaning all individuals who were 
affected by the Data Incident, including those who were sent a notice letter by Eisner 
concerning the Data Incident discovered in September of 2023.  Not later than July 13, 
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2026, the Claims Administrator shall mail or email a copy of the Short Notice and the 
Claim Form (ECF No. 62-2 at 65–66) to potential Settlement Class members at the 
addresses provided by Eisner.  On the same day, the Claims Administrator shall post the 
Claim Form and Long Notice (ECF No. 62- 2 at 48–63) in a downloadable form on a 
website to be developed for the Settlement.  The date and time of the Settlement Hearing 
shall be included in both the Short and Long Notices before they are mailed and published. 
9. Findings Concerning Notice.  The Court finds that the proposed form, 
content, and method of giving notice to the Settlement Class as described in the Settlement 
Agreement and the Short and Long Notices: (1) constitute the best practicable notice to the 
Settlement Class; (2) are reasonably calculated, under the circumstances, to apprise 
Settlement Class members of the pendency of this action, the terms of the proposed 
Settlement Agreement, and their rights under the proposed Settlement Agreement; (3) are 
reasonable and constitute due,  adequate, and sufficient notice to all Settlement Class  
members and other persons entitled to receive notice; and (4) meet all applicable 
requirements of law, including Rule 23 of the Federal Rules of Civil Procedure, the United 
States Constitution (including the Due Process Clause), and all other applicable law and 
rules. 
10. CAFA Notice.  Under 28 U.S.C. § 1715(d), the Court may not give final 
approval of the settlement until 90 days after relevant federal and state officials are notified 
of the proposed settlement.  Eisner has not provided evidence that it has  provided the 
necessary notice.  As a result, no later than June 25, 2026, Eisner shall file proof that notice 
was provided to the appropriate state and federal officials pursuant to 28 U.S.C. § 1715.     
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11. Settlement Participation.  Settlement Class members who wish to be 
eligible to receive a distribution from the Settlement Fund must complete and submit a 
Claim Form in accordance with the instructions contained therein.  All Claim Forms must 
be postmarked or submitted online to the Claims Administrator no later than Octboer 9, 
2026.  If the Settlement is finally approved, all Settlement Class members that fail to submit 
a claim in accordance with the Notices and Claim Forms shall be barred from receiving 
any such benefit, but will in all other respects be subject to and bound by the provisions of 
the Settlement, including the releases included in the Settlement, and any Final Approval 
Order and Judgment. 
Any member of the Settlement Class who wishes to be excluded from the Settlement 
Class must request exclusion in writing by September 9, 2026.  The exclusion request must 
be sent to the Claims Administrator.  The written notification must include (1) the name of 
this litigation (In re Eisner Advisory Group Data Breach Litigation, Case No. 25-cv -1409 
(LMP/DTS) (D. Minn.)); (2) the full name, address, and telephone number of the 
Settlement Class member; (3) the name, address, email address, telephone number, 
position, and signature of any individual who is acting on behalf of the Settlement Class 
member; and (4) the words “Request for Exclusion” at the top of the document or a 
statement in the body of the document requesting exclusion from the Settlement.  Any 
person who timely and validly requests exclusion and is excluded from the Settlement 
Class shall not be a Settlement Class member, shall not be bound by the terms of the 
Settlement or any orders or judgments in the Action, and shall not receive any payment out 
of the Net Settlement Fund.   
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12. Objections.  Any Settlement Class member that does not request exclusion 
from the Settlement Class may file a written objection to the proposed Settlement, Class 
Counsel’s request for an award of attorneys’ fees, costs, and expenses, and/or the request 
for Service Awards to Class Representatives. 
An objection must be electronically filed with the Court or mailed to the Clerk of 
Court, Class Counsel, and Eisner’s Counsel by September 9, 2026.  In addition, the 
objection must include: 
a. The name of the Litigation (In re Eisner Advisory Group Data Breach 
Litigation Case No. 25-cv-1409 (LMP/DTS) (D. Minn.));  
b. The objector’s full name, address, telephone number, and e-mail 
address (if any);  
c. Information identifying the objector as a Settlement Class member, 
including proof that the objector is a member of the Settlement Class 
(e.g., copy of notice, copy of original notice of the Data Incident);  
d. A written statement of all grounds for the objection, accompanied by 
any legal support for the objection the objector believes applicable;  
e. A statement as to whether the objection applies only to the objector, 
to a specific subset of the class, or to the entire class;  
f. The identity of any and all counsel representing the objector in 
connection with the objection;  
g. A statement as to whether the objector and/or their counsel will appear 
at the Final Hearing;  
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h. A list of all settlements to which the objector and/or their counsel have 
objected in the preceding three years; and  
i. The objector’s signature and the signature of the objector’s duly 
authorized attorney or other duly authorized representative (along 
with documentation setting forth such representation).  
Any Settlement Class member who objects must be available to be deposed 
regarding the grounds for any objection and must provide, along with the objection, the 
dates when the objector will be available to be deposed from the time the objection is filed 
through October 8, 2026.  The Claims Administrator shall provide the parties with copies 
of all opt-out notifications upon receipt, and a final list of all that have validly excluded 
themselves from the Settlement Class, which Class Counsel may move to file under seal 
with the Court no later than October 2, 2026. 
An objector may file a response to Class Counsel’s opening papers in support of the 
settlement, Class Counsel’s motion for an award of attorneys’ fees, reimbursement of 
expenses, and awards to Class Representatives, no later than September 22, 2026, and Class 
Counsel must file responses to any objections and a reply in support of their motions by 
October 2, 2026. 
Any Settlement Class member who does not make their objection in the manner 
provided herein shall be deemed to have waived the right to object to any aspect of the 
proposed Settlement and Class Counsel’s motion for an award of attorneys’ fees, 
reimbursement of expenses, and awards to Class Representatives.  Any Settlement Class 
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member who both objects to the Settlement and opts out will be deemed to have opted out, 
and the objection shall be deemed invalid. 
13. Termination of Settlement.  If the Settlement is terminated, not approved, 
or the Effective Date of the Settlement otherwise fails to occur, this Order shall be vacated 
and shall be of no further force and effect.  Plaintiffs and Eisner shall revert to their 
respective positions in this action.  This Order shall be without prejudice to the rights of 
Plaintiffs, Settlement Class members, and Eisner.   
14. Continuance or Adjournment of Hearing.  The Court reserves the right to 
adjourn or continue the Final Approval Hearing and related deadlines without further 
notice to Settlement Class members.  The Court may approve the Settlement, with such 
modifications as may be agreed upon by the parties, if appropriate, without further notice 
to Settlement Class members. 
15. Stay of Proceedings and Injunction.   The Court stays all proceedings in 
this action other than proceedings necessary to carry out or enforce the terms and 
conditions of the Settlement Agreement.  Pending final determination of whether the 
Settlement should be approved, the Court bars and enjoins Plaintiffs, and all other members 
of the Settlement Class, from commencing or prosecuting any and all of the released 
Plaintiffs’ claims against each and all of the parties released by the Settlement Agreement.  
16. Summary of Deadlines. 
For clarity, the Court orders the following schedule of dates for further proceedings: 
  
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Event Deadline 
Deadline for Eisner To Provide Data to Claims Administrator June 25, 2026 
Deadline for Eisner To File Proof of CAFA Notice June 25, 2026 
Deadline for Claims Administrator To Provide Notice to 
Class Members (By Mailing and Posting to Webpage) 
July 10, 2026 
Deadline for Settlement Class Members To File Objections  September 9, 2026 
Deadline for Settlement Class Members To Opt Out September 9, 2026 
Deadline for Settlement Class Members To Submit Claims October 9, 2026 
Deadline for Class Counsel To File Motion for Attorneys’ 
Fees and Class Representative Awards 
September 8, 2026 
Deadline for Objectors To Respond to Motion for Approval 
of Attorneys’ Fees, Costs, Expenses, and Service Awards 
September 22, 2026 
Deadline for Class Counsel To File Motion for Final 
Approval 
September 29, 2026 
Deadline for Class Counsel To File Replies in Support of 
Motions 
October 2, 2026 
Deadline for Class Counsel To File Opt Outs Under Seal October 2, 2026 
Deadline for Objectors To Respond to Motion for Final 
Approval 
October 8, 2026 
Final Approval Hearing October 13, 2026,  
at 2:00 p.m. CDT 
 
Dated: June 11, 2026 
 
 
 
s/Laura M. Provinzino   
Laura M. Provinzino 
United States District Judge 
 
 
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