IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

THI MILLER, individually and on behalf of 

all others similarly situated, 

Plaintiff, 

v. 

RED BULL NORTH AMERICA, INC., a 

California corporation, 

 Defendant. 

Case No. 12-cv-04961 

Hon. Judge St. Eve

FINAL JUDGMENT ORDER 

WHEREAS, a class action is pending before the Court entitled Miller v. Red Bull North 

America, Inc., Case No. 12-cv-04961; 

WHEREAS, Plaintiff and Defendant have entered into a Settlement Agreement dated 

March 11, 2013, which, together with the exhibits attached thereto, sets forth the terms and 

conditions for a proposed settlement and dismissal of the Action with prejudice as to Defendant 

upon the terms and conditions set forth therein (the “Settlement Agreement”); 

WHEREAS, on March 14, 2013, this Court preliminarily approved the Settlement 

Agreement and certified, for settlement purposes, the Settlement Class consisting of: 

All persons in the United States and its territories who received one or more 

unauthorized text messages from or on behalf of the Defendant as a result of a 

Non-Compliant Campaign. Excluded from the Settlement Class are (1) any 

Persons that have previously provided consent in response to a Compliant 

Campaign; (2) any Judge or Magistrate presiding over this action and members of 

their families; (3) the Defendant, the Defendant’s subsidiaries, parent companies, 

successors, predecessors, and any entity in which the Defendant or its parents 

have a controlling interest and their current or former officers, directors, and 

employees; (4) any third-party vendor that sent text messages on behalf of the 

Defendant, and its subsidiaries, parent companies, successors, predecessors, and 

their current or former officers, directors, and employees; (5) persons who 

properly execute and file a timely request for exclusion from the class; (6) all 

Persons whose claims against the Defendant have been fully and finally 

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adjudicated and/or released; and (7) the legal representatives, successors or 

assigns of any such excluded persons; 

WHEREAS, pending before the Court are Plaintiff’s Motion for Final Approval of Class 

Action Settlement (Dkt. 56) and Plaintiff’s Corrected Motion for Award of Attorneys’ Fees, 

Expenses and Incentive Award (Dkt. 53) (collectively, the “Motions”); and 

WHEREAS, the Court, having read and considered the Motions and the Settlement 

Agreement, and having heard the parties and being fully advised in the premises, hereby 

GRANTS final approval of the Settlement Agreement in its entirety.

IT IS HEREBY ORDERED, DECREED, AND ADJUDGED AS FOLLOWS: 

1. Terms and phrases in this Order shall have the same meaning as ascribed to them 

in the Settlement Agreement. 

2. This Court has jurisdiction over the subject matter of the Action and over all 

Parties to the Action, including all Settlement Class members.

3. The Court finds that the Settlement Agreement is fair, reasonable, adequate, and 

in the best interests of the Settlement Class. The Court further finds that the Settlement 

Agreement substantially fulfills the purposes and objectives of the class action, and provides 

substantial relief to the class without the risks, burdens, costs, or delay associated with continued 

litigation, trial, and/or appeal. The Court also finds that the Settlement Agreement: (a) is the 

result of arms’ length negotiations between experienced attorneys assisted by the Hon. Wayne R. 

Andersen (ret.) of JAMS; (b) meets all applicable requirements of law, including Federal Rule of 

Civil Procedure 23, and the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715; and (c) is 

not a finding or admission of liability, damages or any other issues for purposes of litigation, by 

the Defendant or any other parties.

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4. The Court finds that the Notice and the Notice Plan implemented pursuant to the 

Settlement Agreement and the Court’s Preliminary Approval Order, consisting of individual 

notice via first-class U.S. Mail postcard and email, internet publication on the interactive 

Settlement Website, publication in People and Game Informer magazines, CAFA notice to the 

Attorneys General of each state, as well as the Attorney General of the United States, and a tollfree phone number to field inquires by Settlement Class Members, has been successfully 

implemented and was the best notice practicable under the circumstances and: (1) constituted 

notice that was reasonably calculated, under the circumstances, to apprise the Settlement Class 

Members of the pendency of the Action, their right to object to or to exclude themselves from the 

Settlement Agreement, and their right to appear at the Final Approval Hearing; (2) was 

reasonable and constituted due, adequate, and sufficient notice to all persons entitled to receive 

notice; and (3) met all applicable requirements of the Federal Rules of Civil Procedure, the Due 

Process Clause, and the rules of the Court. 

5. The following preliminary appointments are hereby confirmed: (a) Jay Edelson 

and Rafey S. Balabanian of Edelson LLC as Class Counsel for the Settlement Class; and (b) Thi 

Miller as Class Representative. 

6. The following Settlement Class is hereby finally certified, solely for purposes of 

this settlement, pursuant to Federal Rule of Civil Procedure 23(b)(3):

All persons in the United States and its territories who received one or more 

unauthorized text messages from or on behalf of the Defendant as a result of a 

Non-Compliant Campaign. Excluded from the Settlement Class are (1) any 

Persons that have previously provided consent in response to a Compliant 

Campaign; (2) any Judge or Magistrate presiding over this action and members of 

their families; (3) the Defendant, the Defendant’s subsidiaries, parent companies, 

successors, predecessors, and any entity in which the Defendant or its parents 

have a controlling interest and their current or former officers, directors, and 

employees; (4) any third-party vendor that sent text messages on behalf of the 

Defendant, and its subsidiaries, parent companies, successors, predecessors, and 

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their current or former officers, directors, and employees; (5) persons who 

properly execute and file a timely request for exclusion from the class; (6) all 

Persons whose claims against the Defendant have been fully and finally 

adjudicated and/or released; and (7) the legal representatives, successors or 

assigns of any such excluded persons. 

7. The Court finds that the Settlement Agreement is fundamentally fair, adequate, 

and reasonable, and, solely within the context of and for the purposes of settlement only, that the 

Class satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure, specifically, 

that: the Class of approximately 86,000 persons is so numerous that joinder of all members is 

impracticable; there are common questions of law (i.e., whether Defendant violated the 

Telephone Consumer Protection Act, 47 U.S.C. § 227, by sending the Text Messages in 

question, and whether the Class members are entitled to statutory damages as a result of 

Defendant’s alleged conduct) and fact (i.e., whether Defendant sent the Text Messages in 

question using equipment that had the capacity to store or produce telephone numbers to be 

called using a random or sequential number generator, and whether Defendant obtained the Class 

members’ prior express consent to send the Text Messages); the claims of the Class 

Representative are typical of the claims of the Class members; the Class Representative has 

fairly and adequately protected the interests of the Class; common questions of law and fact 

predominate over questions affecting individual members; and a class action is a superior 

method for fairly and efficiently adjudicating this Action.

8. The Action is hereby dismissed with prejudice and without costs. This dismissal 

shall not allow the Parties or any members of the Settlement Class to litigate or otherwise reopen 

issues resolved by this judgment, or included within the Released Claims, but allows the Court to 

supervise the implementation and administration of the settlement. This judgment has been 

entered without any admission by the Defendant or any other parties concerning liability, 

damages, or any other issues for purposes of litigation, including as to the merits of any of the 

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allegations in the Complaint. 

9. The Parties are directed to pay Valid Approved Claims to the Settlement Class in 

accordance with the Settlement Agreement.

10. The Releasing Parties release and forever discharge the Released Parties from the 

Released Claims as provided in the Settlement Agreement.

A. As used in this Order and in the Settlement Agreement, the “Releasing 

Parties” means Plaintiff as well as all Settlement Class Members (whether or not such a 

Person submits a Claim Form), except for those who properly execute and file a timely 

request for exclusion from the Settlement Class. To the extent the Settlement Class 

Member is not an individual, “Releasing Parties” includes all of the Settlement Class 

Member’s present, former, and future direct and indirect parent companies, affiliates, 

subsidiaries, divisions, agents, franchisees, successors, predecessors-in-interest, and all of 

the aforementioned’s present, former, and future officers, directors, employees, 

shareholders, attorneys, agents, independent contractors; and, to the extent the Settlement 

Class Member is an individual, “Releasing Parties” includes all of the Settlement Class 

Member’s present, former, and future spouses, as well as the present, former, and future 

heirs, executors, administrators, representatives, agents, attorneys, partners, successors, 

predecessors-in-interest, and assigns of each of them. 

B. As used in this Order and in the Settlement Agreement, the “Released 

Parties” means Defendant Red Bull North America, Inc. and any and all of its present or 

past heirs, executors, estates, administrators, predecessors, successors, assigns, parents, 

subsidiaries, associates, employers, consultants, independent contractors, insurers, 

directors, managing directors, officers, partners, principals, members, attorneys, 

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accountants, financial and other advisors, investment bankers, underwriters, shareholders, 

lenders, auditors, investment advisors, legal representatives, successors in interest, and 

other assigns; as well as all Persons, firms, trusts, corporations, officers, directors, or 

other individuals or entities in which the Defendant has a controlling interest or which are 

affiliated with any of them; as well as any employees, agents or other representatives of 

any of the foregoing. 

C. As used in this Order and in the Settlement Agreement, the “Released 

Claims” shall mean any and all actual, potential, filed, known or unknown, fixed or 

contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, liabilities, 

rights, causes of action, contracts or agreements, extracontractual claims, damages, 

punitive, exemplary or multiplied damages, expenses, costs, attorneys’ fees and or 

obligations (including “Unknown Claims” as defined below), whether in law or in equity, 

accrued or unaccrued, direct, individual or representative, of every nature and description 

whatsoever, whether based on the TCPA or other federal, state, local, statutory or 

common law, any other law, rule or regulation, including the law of any jurisdiction 

outside the United States, or any other legal or equitable theory or cause of action, against 

the Released Parties, or any of them, arising out of or relating to the facts, transactions, 

events, matters, occurrences, acts, disclosures, statements, misrepresentations, omissions 

or failures to act relating to unauthorized Text Messages as a result of a Non-Compliant 

Campaign, or that were or could have been alleged or asserted in the Action relating to 

unauthorized Text Messages as a result of a Non-Compliant Campaign—including 

Released Claims belonging to any and all Plaintiffs and their respective present or past 

heirs, executors, estates, administrators, predecessors, successors, assigns, parents, 

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subsidiaries, associates, affiliates, employers, employees, agents, consultants, 

independent contractors, insurers, directors, managing directors, officers, partners, 

principals, members, attorneys, accountants, financial and other advisors, investment 

bankers, underwriters, lenders, and any other representatives of any of these Persons and 

entities. Nothing herein is intended to release any claims any governmental agency or 

governmental actor has against the Defendant. 

11. The release in Paragraph 10 includes the release of all Unknown Claims. As used 

in this Order and in the Settlement Agreement, “Unknown Claims” means claims that could have 

been raised in this litigation and that the Plaintiffs or any or all other Persons and entities whose 

claims are being released, or any of them, do not know or suspect to exist, which, if known by 

him, her or it, might affect his, her or its agreement to release the Released Parties or the 

Released Claims or might affect his, her or its decision to agree, object or not to object to the 

Settlement. Upon the Effective Date, Plaintiffs and all other Persons and entities whose claims 

are being released shall be deemed to have, and shall have, expressly waived and relinquished, to 

the fullest extent permitted by law, the provisions, rights and benefits of § 1542 of the California 

Civil Code, which provides as follows: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS 

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, 

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY 

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 

Upon the Effective Date, Plaintiffs and all other Persons and entities whose claims are being 

released shall be deemed to have, and shall have, waived any and all provisions, rights and 

benefits conferred by any law of any state, the District of Columbia or territory of the United 

States, by federal law, or principle of common law, or the law of any jurisdiction outside of the 

United States, which is similar, comparable or equivalent to § 1542 of the California Civil Code. 

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Plaintiffs acknowledge that they may discover facts in addition to or different from those that 

they now know or believe to be true with respect to the subject matter of the Release, but that it 

is their intention to finally and forever to settle and release the Released Claims, notwithstanding 

any Unknown Claims they may have, as that term is defined in this Paragraph. 

12. The Court awards to Settlement Class Counsel U.S. $1,275,000, which shall 

include all attorneys’ fees and reimbursement of expenses associated with the Action.

13. The Court awards to Plaintiffs U.S. $5,000, as an Incentive Award for her time 

and effort serving as the Class Representative in this Action.

14. Without affecting the finality of this judgment, the Court retains exclusive 

jurisdiction of this Settlement, including without limitation, issues concerning its administration 

and consummation. The Court also retains exclusive jurisdiction over Defendant, Plaintiff, and 

Settlement Class members regarding the Settlement Agreement and this Final Judgment Order. 

Defendant, Plaintiff, and Settlement Class Members are hereby deemed to have submitted 

irrevocably to the exclusive jurisdiction of this Court for any suit, action, proceeding, or dispute 

arising out of or relating to the Released Claims, this Order, and the Settlement Agreement, 

including but not limited to the applicability of the Released Claims, the Settlement Agreement, 

or this Order. Without limiting the generality of the foregoing, any dispute concerning the 

Settlement Agreement, including, but not limited to, any suit, action, arbitration, or other 

proceeding by a Settlement Class Member in which the provisions of the Settlement Agreement 

are asserted as a defense in whole or in part to any claim or cause of action or otherwise raised as 

an objection, shall constitute a suit, action, or proceeding arising out of or relating to this Order. 

Solely for purposes of such suit, action, or proceeding, to the fullest extent possible under 

applicable law, the parties hereto and all Settlement Class Members are hereby deemed to have 

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irrevocably waived and agreed not to assert, by way of motion, as a defense or otherwise, any 

claim or objection that they are not subject to the jurisdiction of this Court, or that this Court is, 

in any way, an improper venue or an inconvenient forum.

15. The Settlement Agreement and the proceedings and statements made pursuant to 

the Settlement Agreement or papers filed relating to the Settlement Agreement, and this Order, 

are not and shall not in any event be deemed, used, offered or received against the Released 

Parties, or each or any of them, as an admission, concession or evidence of, the validity of any 

Released Claims, the truth of any fact alleged by the Plaintiff, the deficiency of any defense that 

has been or could have been asserted in the Action, the violation of any law or statute, the 

reasonableness of the settlement amount or the fee award (if the Settlement does not become 

final for any reason), the propriety of class certification for purposes of litigation, or of any 

alleged fault, wrongdoing, liability, or responsibility for damages by the Released Parties, or any 

of them—whether in this litigation or in any civil, criminal or administrative proceeding in any 

court, administrative agency, or tribunal. 

16. The certification of the Settlement Class shall be binding only with respect to the 

settlement of the Action. In the event that the Settlement Agreement is terminated pursuant to its 

terms or the Court’s approval of the Settlement is reversed, vacated, or modified in any material 

respect by this or any other Court, the certification of the Settlement Class shall be deemed 

vacated, the Action shall proceed as if the Settlement Class had never been certified (and the 

Defendant shall retain the right to oppose any subsequent motion for class certification), and no 

reference to or consideration of the Settlement Class, the Settlement Agreement, or any 

documents, communications, or negotiations related in any way thereto shall be made for any 

purpose.

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17. Based upon the Court’s finding that there is no just reason for delay of 

enforcement or appeal of this Order notwithstanding the Court’s retention of jurisdiction to 

oversee implementation and enforcement of the Settlement Agreement, the Court directs the 

Clerk to enter final judgment pursuant to Federal Rule of Civil Procedure 54(b).

It is so ordered, this 12 day of August, 2013. 

 _______________ 

 HONORABLE AMY J. ST. EVE 

 UNITED STATES DISTRICT JUDGE 

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