UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
December 27, 2011
IN RE TFT-LCD (FLAT PANEL)
The opinion of the court was delivered by: The Honorable Susan Illston
[PROPOSED] ORDER GRANTING FINAL
This Document Relates To:
APPROVAL OF SETTLEMENT AND ENTERING FINAL JUDGMENT OF ALL DIRECT PURCHASER CLASS DISMISSAL WITH PREJUDICE AS TO ACTIONS DEFENDANTS CHI MEI INNOLUX CORPORATION; CHI MEI CORPORATION; CHI MEI OPTOELECTRONICS CORPORATION; CMO JAPAN CO., LTD.; CHI MEI OPTOELECTRONICS USA, INC.; NEXGEN MEDIATECH, INC.; AND NEXGEN MEDIATECH USA, INC.
Date: December 19, 2011 Time: 4:00 p.m. Courtroom: 10, 19th Floor
Corporation, Chi Mei Optoelectronics Corporation, CMO Japan Co., Ltd., Chi Mei 4 (collectively, "Chi Mei") set forth in the Settlement Agreement ("Agreement"), dated July 15,
This matter has come before the Court to determine whether there is any cause why this Court should not approve the settlement with defendants Chimei Innolux Corporation, Chi Mei 3 Optoelectronics USA, Inc., Nexgen Mediatech, Inc., and Nexgen Mediatech USA, Inc. 5
2011, relating to the above-captioned litigation. The Court, after carefully considering all papers 7 filed and proceedings held herein and otherwise being fully informed in the premises, has 8 determined (1) that the settlement should be approved, and (2) that there is no just reason for 9 delay of the entry of this final judgment approving the Agreement. Accordingly, the Court directs 10 entry of Judgment which shall constitute a final adjudication of this case on the merits as to the 11 parties to the Agreement. Good cause appearing therefore, it is: 12
within this litigation and over the parties to the Agreement, including all members of the Class 15 and Chi Mei. 16 17 though fully set forth in this Judgment.
Class pursuant to Rule 23 of the Federal Rules of Civil Procedure. 21 22 appointed by the Court (Lieff, Cabraser, Heimann & Bernstein, LLP and Pearson, Simon, 23 Warshaw & Penny, LLP), are appointed as Counsel for the Class. These firms have, and will, 24 fairly and competently represent the interests of the Class.
ORDERED, ADJUDGED AND DECREED THAT:
1. The Court has jurisdiction over the subject matter of this litigation, and all actions
2. The definitions of terms set forth in the Agreement are incorporated hereby as
3. The Court hereby finally approves and confirms the settlement set forth in the Agreement and finds that said settlement is, in all respects, fair, reasonable, and adequate to the
4. Pursuant to Federal Rule of Civil Procedure 23(g), Class Counsel, previously
5. The persons/entities identified in [Amended] Direct Purchaser Class Plaintiffs' Notice of Class Member Exclusions [Dkt. No. 2384] have timely and validly requested exclusion 27 from the Class and, therefore, are excluded. Such persons/entities are not included in or bound by this Final Judgment. Such persons/entities are not entitled to any recovery from the settlement 2 proceeds obtained through this settlement.
4 class claims asserted against Chi Mei, with Plaintiffs and Chi Mei to bear their own costs and 5 attorneys' fees except as provided herein.
commencing, prosecuting, or continuing, either directly or indirectly, against the Chi Mei 8
6. The Court hereby dismisses on the merits and with prejudice the individual and
7. All persons and entities who are Releasors are hereby barred and enjoined from Releasees, in this or any other jurisdiction, any and all claims, causes of action or lawsuits, which 9 they had, have, or in the future may have, arising out of or related to any of the Released Claims 10 as defined in the Agreement. 11
8. The Chi Mei Releasees are hereby and forever released and discharged with 12 respect to any and all claims or causes of action which the Releasors had or have arising out of or 13 related to any of the Released Claims as defined in the Agreement. 14
15 other matters set forth herein was the best notice practicable under the circumstances, including 16 individual notice to all members of the Class who could be identified through reasonable efforts. 17
Said notice provided due and adequate notice of those proceedings and of the matters set forth 18 therein, including the proposed settlement set forth in the Agreement, to all persons entitled to 19 such notice, and said notice fully satisfied the requirements of Rules 23(c)(2) and 23(e) of the 20
10. Only two class members have objected to the settlement. Those objections have 22 been overruled in a separate order. 23
24 retains continuing and exclusive jurisdiction over: (a) implementation of this settlement and any 25 distribution to class members pursuant to further orders of this Court; (b) disposition of the 26 Settlement Fund (c) hearing and determining applications by the Class Representatives for 27 representative plaintiff incentive awards, attorneys' fees, costs, expenses, including expert fees 28 and costs, and interest; (d) Chi Mei until the final judgment contemplated hereby has become
9. The notice given to the Class of the settlement set forth in the Agreement and the Federal Rules of Civil Procedure and the requirements of due process. 21
11. Without affecting the finality of this Judgment in any way, this Court hereby effective and each and every act agreed to be performed by the parties all have been performed 2 pursuant to the Agreement; (e) hearing and ruling on any matters relating to the plan of allocation 3 of settlement proceeds; and (f) all parties and Releasors for the purpose of enforcing and 4 administering the Agreement and Exhibits thereto and the mutual releases and other documents 5 contemplated by, or executed in connection with, the Agreement. 6
12. In the event that the settlement does not become effective in accordance with the 7 terms of the Agreement, then the judgment shall be rendered null and void and shall be vacated, 8 and in such event, all orders entered and releases delivered in connection herewith shall be null 9 and void and the parities shall be returned to their respective positions ex ante.
13. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil Procedure, that this Final Judgment should be entered and further finds that there is no just reason 12 for delay in the entry of this Judgment, as a Final Judgment, as to the parties to the Agreement.
Accordingly, the Clerk is hereby directed to enter Judgment forthwith.
The Honorable Susan Illston United States District Judge
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