Keith, Angela v. Hy Cite Enterprises, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ANGELA KEITH,
On behalf of herself and others similarly situated,
Plaintiff,
v.
HY CITE ENTERPRISES, LLC,
Defendant.
OPINION and ORDER
24-cv-729-jdp
ORDER APPROVING SETTLEMENT
Plaintiff Angela Keith filed a class action complaint against defendant Hy Cite
Enterprises, LLC in the United States District Court for the Western District of Wisconsin,
No. 3:24-cv-00729, asserting class claims under the Telephone Consumer Protection Act
(TCPA), 47 U.S.C. § 227.
After appropriate arms-length negotiations, the parties entered into a written class
action settlement agreement, Dkt. 27, which is subject to review under Fed. R. Civ. P. 23.
On November 10, 2025, the parties filed the settlement agreement, along with
plaintiff’s unopposed motion for preliminary approval of the settlement. Dkt. 25.
In compliance with the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(D),
1453, and 1711-1715, defendant caused to be served written notice of the proposed class
settlement as directed.
On March 24, 2026, the court entered an order of preliminary approval of the class
action settlement. Dkt. 30. In the preliminary approval order, the court (i) certified a class of
plaintiffs under Federal Rule of Civil Procedure 23; (ii) approved James Davidson and Michael
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Greenwald of Greenwald Davidson Radbil, PLLC as class counsel; (iii) preliminarily approved
the proposed settlement; and (iv) set the date and time of the settlement approval hearing.
On May 27, 2026, Plaintiff filed a motion for attorneys’ fees, costs, and expenses, and
an incentive award. Dkt. 31.
On August 25, 2026, Plaintiff filed a motion for final approval of class action
settlement. Dkt. 36.
On October 6, 2026, a final fairness hearing was held pursuant to Fed. R. Civ. P. 23 to
determine whether the claims asserted in the lawsuit satisfy the applicable prerequisites for
class action treatment and whether the proposed settlement is fundamentally fair, reasonable,
adequate, and in the best interest of the settlement class members and should be approved by
this Court.
The parties now request final certification of the settlement class under Fed. R. Civ. P.
23(b)(3) and final approval of the proposed class action settlement.
This Court has read and considered the settlement agreement, motion for final
approval, and the record of these proceedings.
NOW, THEREFORE, IT IS HEREBY ORDERED:
The court has jurisdiction over the subject matter of the lawsuit and the settling parties.
The settlement class is defined as:
Certified Class
All persons throughout the United States (1) to whom Hy Cite
Enterprises, LLC placed a call, (2) directed to a telephone number
assigned to a cellular telephone service, but not assigned to a Hy
Cite 	Enterprises, 	LLC 	customer 	or 	accountholder, 	(3) 	in
connection with which Hy Cite Enterprises, LLC used an artificial
or prerecorded voice, 	(4) from October 22, 2020, 	through
September 10, 2025
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The court finds that notice of the settlement was provided to the class in a reasonable
manner in accordance with Federal Rule of Civil Procedure 23(e)(1)(B).
The motion for final approval of the settlement agreement, Dkt. 36, is GRANTED. The
court finds that the settlement embodied in the settlement agreement is fair, reasonable and
adequate to the settlement class under Federal Rule of Civil Procedure 23(e)(2). The settlement
agreement, which is deemed incorporated into this order, is finally approved and must be
consummated in accordance with its terms and provisions, except as amended by any order
issued by this court.
The settlement class members were given an opportunity to object to the settlement.
No settlement class members objected to the settlement or the requests for attorneys’ fees,
costs, or expenses. No settlement class members made a valid and timely request for exclusion.
This order is binding on all settlement class members.
Class counsel’s motion for an award of attorney fees, costs and expenses, and a service
award, Dkt. 31, is GRANTED in part and DENIED in part. Class counsel is awarded
$1,530,100.99 in attorney fees and $11,234.01 in costs and litigation expenses. Plaintiff
Angela Keith is awarded $15,000 as a service award.
The lawsuit is hereby dismissed with prejudice. The clerk of court is directed to enter
judgment and close this case.
Entered October 9, 2026.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge
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