The opinion of the court was delivered by: The Honorable Susan Illston
This Document Relates To: ALL DIRECT PURCHASER CLASS ACTIONS
[PROPOSED] ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AND ENTERING FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT SANYO CONSUMER ELECTRONICS CO., LTD.
Date: December 19, 2011 Time: 4:00 p.m.
Courtroom: 10, 19th Floor
This matter has come before the Court to determine whether there is any cause why this Court should not approve the settlement with defendant Sanyo Consumer Electronics ("Sanyo") 3 set forth in the Settlement Agreement ("Agreement"), dated August 23, 2011, relating to the 4 above-captioned litigation. The Court, after carefully considering all papers filed and 5 proceedings held herein and otherwise being fully informed in the premises, has determined 6 (1) that the settlement should be approved, and (2) that there is no just reason for delay of the 7 entry of this final judgment approving the Agreement. Accordingly, the Court directs entry of 8 Judgment which shall constitute a final adjudication of this case on the merits as to the parties to 9 the Agreement. Good cause appearing therefore, it is: 10
ORDERED, ADJUDGED AND DECREED THAT:
1. The Court has jurisdiction over the subject matter of this litigation, and all actions 12 within this litigation and over the parties to the Agreement, including all members of the Class 13 and Sanyo. 14
2. The definitions of terms set forth in the Agreement are incorporated hereby as 15 though fully set forth in this Judgment. 16
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 18 Class pursuant to Rule 23 of the Federal Rules of Civil Procedure.
4. Pursuant to Federal Rule of Civil Procedure 23(g), Class Counsel, previously 20 appointed by the Court (Lieff, Cabraser, Heimann & Bernstein, LLP and Pearson, Simon, 21 Warshaw & Penny, LLP), are appointed as Counsel for the Class. These firms have, and will, 22 fairly and competently represent the interests of the Class. 23
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 25 from the Class and, therefore, are excluded. Such persons/entities are not included in or bound by 26 this Final Judgment. Such persons/entities are not entitled to any recovery from the settlement 27 proceeds obtained through this settlement. 28
6. The Court hereby dismisses on the merits and with prejudice the individual and 2 class claims asserted against Sanyo, with Plaintiffs and Sanyo to bear their own costs and 3 attorneys' fees except as provided herein.
7. All persons and entities who are Releasors are hereby barred and enjoined from 5 commencing, prosecuting, or continuing, either directly or indirectly, against the Sanyo 6 Releasees, in this or any other jurisdiction, any and all claims, causes of action or lawsuits, which 7 they had, have, or in the future may have, arising out of or related to any of the Released Claims 8 as defined in the Agreement. 9
8. The Sanyo Releasees are hereby and forever released and discharged with respect 10 to any and all claims or causes of action which the Releasors had or have arising out of or related 11 to any of ...