The opinion of the court was delivered by: Honorable Claudia Wilken United States District Court Northern District of California Oakland Division
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT WITH CYPRESS ALL INDIRECT PURCHASER ACTIONS
This Document Relates to:
Hearing Date: March 10, 2011 Time: 2:00p.m.
Courtroom: 2, 4th Floor Judge: Hon. Claudia Wilken The Court, upon noticed motion and hearing, having reviewed the Settlement Agreement ("the Settlement") entered into between Indirect Purchaser Plaintiffs, on behalf of themselves and 21 21 21 the Class, with Cypress Semiconductor Corporation ("Cypress") hereby ORDERS that:
1. For purposes of this Order, except as otherwise set forth herein, the Court adopts and incorporates the definitions contained in the Settlement;
2. For settlement purposes only and pursuant to Federal Rule of Civil Procedure 23, the Court provisionally certifies the following settlement class (the "Settlement Class"):
All persons and entities residing in the United States who, from November 1, 1996 through December 31, 2006 (the "Class Period"), purchased SRAM (as defined in paragraph 2) in the United States indirectly from the Defendants. The class excludes the following persons and entities: the Defendants; the officers, directors or employees of any Defendant; any entity in which any of the
Defendants has a controlling interest; any affiliate, legal representative, heir or assign of any Defendant; any federal, state or local governmental entities; and any judicial officer presiding over the Action and the members of her immediate family and judicial staff.*fn1
3. The Court further provisionally finds that the prerequisites to a class action under Federal Rule of Civil Procedure 23 are satisfied for settlement purposes in that: impracticable; individual issues; the class; and have retained counsel experienced in complex antitrust class action litigation who have and will continue to adequately represent the class.
(a) there are thousands of class members and therefore joinder of all members is
(b) there are questions of law or fact common to the class which predominate over
(c) the claims or defenses of the class plaintiffs are typical of the claims or defenses of
(d) the class plaintiffs will fairly and adequately protect the interests of the class, and
4. The Court finds that the Settlement agreed to by the parties ...