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Jason Standiford, An Individual, Onbehalf of Himself and All Others Similarly Situated v. Palm

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 31, 2012

JASON STANDIFORD, AN INDIVIDUAL, ONBEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
PALM, INC., A DELAWARE CORPORATION, AND SPRINT SPECTRUM, L.P., A DELAWARE 10 LIMITED PARTNERSHIP, AND DOES 1-50, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Lucy H. Koh United States District Judge

[PROPOSED] ORDER GRANTING FINAL APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT AND JUDGMENT

On May 31, 2012, the Court held a hearing to determine whether the proposed class action 14 settlement in this case between Plaintiff Jason Standiford and Defendants Palm, Inc. and Sprint 15 Spectrum, L.P. should be granted final approval, and a judgment entered under the settlement. The 16 Court has considered all arguments and written submissions made in connection with the matter. 17

There have been no objections, opt-outs, or comments by Settlement Class Members. The Court 18 now finds and orders as follows: 19

1. The Court has jurisdiction over the subject matter of this action, all members of the Settlement Class, and all Defendants. 21

2. All defined terms used herein have the meanings set forth for such terms in the 22 Settlement Agreement dated November 7, 2011 ("Agreement"). 23

3. Notice of the proposed settlement and the Final Approval Hearing was provided to 24 the Settlement Class in accordance with the Order Granting Preliminary Approval of Proposed 25 Class Action Settlement entered January 26, 2012 ("Preliminary Approval Order"). 26

4. The Court finds that the settlement is fair, reasonable and adequate, and should be 27 granted final approval under Fed. R. Civ. P. 23(e)(2). 28

5. No Settlement Class Members submitted an objection to the Settlement in 2 accordance with the deadline and procedures set forth in the Preliminary Approval Order, or 3 excluded themselves from the Settlement Class, and thus all Settlement Class Members are bound 4 by this Order and Judgment, and are forever foreclosed from raising any objections to the 5

6. The Court hereby dismisses the First Amended Complaint in this action with 7 prejudice and without fees or costs, except as provided in the Agreement, and renders judgment in 8 favor of Defendants. 9

Settlement. 6

7. Plaintiff and Settlement Class Members are hereby deemed to have fully, finally and 10 forever released, relinquished and discharged the Released Parties from all Released Claims, as 11 more fully set forth in the Agreement, and are permanently barred and enjoined from pursuing any 12

8. Defendants and all other Released Parties are hereby deemed to have fully, finally 14 and forever released, relinquished and discharged Plaintiff and Class Counsel from all Released 15

Claims, as more fully set forth in the Agreement, and are permanently barred and enjoined from 16 pursuing any Released Claims against Plaintiff or Class Counsel. 17

9. For the reasons set forth in the separate Order awarding Class Counsel's Fee Award 18 and Incentive Award, Class Counsel are awarded $__________ in attorneys' fees, costs and expenses, which amount the Court finds fair and reasonable. This amount will be paid to Class 20 10. For the reasons set forth in the separate Order awarding Class Counsel's Fee Award 22 and Incentive Award, the Class Representative is awarded $________as an incentive award, to be paid from the Settlement Fund, as specified in the Agreement. 24

Released Claims against the Released Parties. 13

160,000

Counsel from the Settlement Fund, as specified in the Agreement. 21 1,500

11. Neither the Agreement nor the settlement, nor any discussion, act, or document 25 prepared or executed in connection with or in furtherance of the Agreement or settlement, (a) may 26 be used as an admission, concession, or evidence of the validity of any Released Claims or any 27 wrongdoing or liability on the part of Defendants; (b) may be used as an admission, concession, or 28 evidence of any fault, false or misleading statement or omission of Defendants in any civil, criminal, or administrative proceeding, in any court, administrative agency or other tribunal; or 2

(c) may be used or admitted in evidence for any purpose other than enforcement of the terms of the 3

Agreement or the settlement. 4

12. Without affecting the finality of this Order and Judgment, the Court retains exclusive 5 jurisdiction over the Parties and Settlement Class Members for all matters relating to this action and 6 the settlement, including the administration, interpretation, implementation or enforcement of the 7

Agreement and this Judgment. 8

13. The Court finds there is no just reason for delay and expressly directs that Judgment 9 be entered immediately by the Clerk of the Court. 10 11

SO ORDERED AND ADJUDGED.

20120531

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