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Luna v. AOL

July 6, 2009

DANIEL LUNA, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
AOL, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANT.



The opinion of the court was delivered by: Honorable Philip S. Gutierrez

CLASS ACTION

[PROPOSED] FINAL ORDER AND JUDGMENT

This Court having considered all of the papers and arguments of the Parties, and having considered the papers and arguments of any and all objectors, and in consideration of its obligations under the Federal Rules does hereby Find and Order:

(a) finds that this Court has jurisdiction over all members of the Settlement Class and that this Court has subject matter jurisdiction to approve this Agreement and all exhibits thereto;

(b) certifies the Litigation as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure for settlement purposes only;

(c) approves the following amendments to the Settlement Agreement:

1. Within 2 weeks after the latter of the receipt of the Claim for Arbitration or the entry of the final approval order, Class Counsel will send the Claimant seeking arbitration a letter informing them of their right to have Settlement Class Counsel represent them in the Expedited Arbitration proceeding. Counsel for objector Jose Pacheco shall be provided the sample form letter for approval prior to its use. AOL will extend the deadline by which each Settlement Class Member seeking arbitration is required to submit documentation supporting an Expedited Arbitration claim until 60 days after the date of Class Counsel's letter to that Claimant;

2. Settlement Class Counsel shall provide legal representation to all Class Members who request to retain them for their Expedited Arbitration claim at no additional charge;

3. AOL will, in the event it ever reinstates the Netscape Migration campaign, institute such procedural safeguards as are necessary to prevent its customers from incurring post migration charges for AOL Internet Service accounts;

4. AOL will not object to an award of attorney's fees to Settlement Class Counsel up to $125,000 and an award of reasonable costs;

5. AOL will not object to an award of attorneys' fees to counsel for objector Jose Pacheco up to $50,000 and an incentive payment to objector Jose Pacheco up to $500; and

6. Counsel for objector Jose Pacheco will make a separate application to the Court for the award of attorney's fees;

(d) gives Final Approval to the Settlement Agreement as being fair, reasonable, and adequate as to, and in the best interests of the members of the Settlement Class;

(e) declares the Settlement Agreement and the Final Order and Judgment to be binding on and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings encompassed by the Release maintained by or on behalf of Plaintiff or any other members of the Settlement Class, ...


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