The opinion of the court was delivered by: Lucy H. Koh United States District Judge
[Complaint Filed: Dec. 4, 2009]
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT [AS AMENDED BY THE COURT]
order preliminarily approving the Settlement Agreement ("Agreement") entered into between Plaintiff Jason Standiford having filed a motion under Fed. R. Civ. P. 23(e) for an Plaintiff and Defendants Palm, Inc. and Sprint Spectrum, L.P.; the said motion having come on for 16 hearing before the above-entitled Court; the Court having reviewed the Agreement and 17 accompanying documents, and considered the oral and written presentations in support of 18 preliminary approval; the Court being fully advised of the premises and good cause appearing 19 therefor, the Court enters its Order and, subject to final determination by the Court as to the 20 fairness, reasonableness and adequacy of the settlement, the Court finds and orders as follows: 21
22 of the Settlement Class, and all Defendants. 23
1. The Court has jurisdiction over the subject matter of this action, all members
2. All defined terms used herein have the meanings set forth for such terms in Class Certification 26
27 settlement purposes: 28
3. Pursuant to Federal Rule 23, the Court certifies the following Class for All Persons and entities in the United States who, between June 1, 2009, and the date of Preliminary Approval, (1) created Palm Profiles for use with Palm Services and their Palm webOS-based mobile phones, (2) stored data on Palm's servers via their Palm webOS-based mobile phones, and (3) experienced Permanent Data Inaccessibility, Temporary Data
Inaccessibility or both. Excluded from the Class are Defendants, their legal representatives, assigns, and successors, and any entity in which Defendants have a controlling interest. Also excluded are any judges to whom this case is or has been assigned and those judges' immediate families.
(a) The Class consists of thousands of members, and is sufficiently large and geographically dispersed that joinder of all Class Members is impracticable, and accordingly satisfies Federal Rule 23(a)(1).
(b) There are questions of law and fact common to the Class that satisfy Federal Rule 23(a)(2). As alleged in this case, all Settlement Class Members share the common issue of having purchased a Palm webOS mobile phone, stored personal data through Palm Services in reliance on Defendants' statements of data accessibility, and thereafter, experienced either Temporary or Permanent Data Inaccessibility.
(c) The injury experienced by Standiford and the other Settlement Class Members occurred in a nearly identical manner and through identical means. Therefore, Standiford's claims are typical of the other class members.
(d) Lead Plaintiff Jason Standiford and his counsel, Edelson McGuire, will fairly and adequately protect the interest of the Class, and accordingly their appointment satisfies Federal Rule 23(a)(4).
(e) Lead Plaintiffs also satisfy the requirements of Federal Rule 23(b)(3) since questions of law and fact common to the Class predominate over any questions affecting only individual members and a class action is superior to other available methods for the fair and efficient adjudication of this matter.
(f) Lead Plaintiff Jason Standiford is hereby appointed ...