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 HITACHI, LTD.; HITACHI DISPLAYS, LTD.; AND HITACHI ELECTRONIC DEVICES (USA), INC.
Time: 4:00 p.m. Courtroom: 10, 19th Floor
Hitachi Electronic Devices (USA), Inc. ("Hitachi") set forth in the Settlement Agreement 4 ("Agreement"), dated August 3, 2011, relating to the above-captioned litigation. The Court, after 5 carefully considering all papers filed and proceedings held herein and otherwise being fully 6 informed in the premises, has determined (1) that the settlement should be approved, and (2) that 7 there is no just reason for delay of the entry of this final judgment approving the Agreement. 8
This matter has come before the Court to determine whether there is any cause why this Court should not approve the settlement with defendants Hitachi, Ltd., Hitachi Displays, Ltd., and 3 Accordingly, the Court directs entry of Judgment which shall constitute a final adjudication of 9 this case on the merits as to the parties to the Agreement. Good cause appearing therefore, it is: 10 11 12 within this litigation and over the parties to the Agreement, including all members of the Class 13 and Hitachi. 14 15 though fully set forth in this Judgment. 16
Class pursuant to Rule 23 of the Federal Rules of Civil Procedure. 19 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
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 18 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 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
2 class claims asserted against Hitachi, with Plaintiffs and Hitachi to bear their own costs and 3 attorneys' fees except as provided herein. 4
5 commencing, prosecuting, or continuing, either directly or indirectly, against the Hitachi 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
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 8. The Hitachi 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 the Released Claims as defined in the Agreement. 12
13 other matters set forth herein was the best notice practicable under the circumstances, including 14 individual notice to all members of the Class who could be ...