UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
August 30, 2012
IN RE: STATIC RANDOM ACCESS MEMORY (SRAM) ANTITRUST LITIGATION
The opinion of the court was delivered by: Honorable Claudia Wilken United States District Judge
[PROPOSED] ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS'
MOTION FOR AN ORDER AUTHORIZING DISTRIBUTION OF
This Document Relates to: ALL INDIRECT PURCHASER ACTIONS
Indirect Purchaser ("IP") Plaintiffs' Motion for an Order Authorizing Distribution of the
Settlement Fund ("Motion") came on for hearing on September 27, 2012. The Court previously 3 granted final approval of IP Plaintiffs' settlements with all defendants in these class action 4 proceedings, granted final approval of the Plan of Distribution submitted by the IP Plaintiffs, 5 including the proposed allocation of the Net Settlement Fund between Reseller Settlement Class 6 members and End User Settlement Class members, and found that due and adequate notice of the 7 settlements and plan of distribution was provided to the Settlement Class.*fn1 8
Having considered the Motion, the Declaration of Markham Sherwood in Support of the
Motion, the Declaration of Christopher Micheletti in Support of the Motion, and all other 10 supporting papers and arguments presented at the hearing, it is hereby ORDERED that: 11
Administrator, Gilardi & Co. Sufficient funds shall be reserved in the Settlement Fund for the 15 payment of future claims administration costs, escrow account costs and taxes. IP Plaintiffs are 16 authorized to reserve $15,303.50 in the Settlement Fund for payment of future claims 17 administration costs, escrow account costs and taxes.
Settlement Class and the End User portion of the Settlement Class in the amounts previously 21
Hitachi-Mitsubishi Defendants, DE 1143; Final Judgment of Dismissal with Prejudice as to the Toshiba Defendants, DE 1144; Final Judgment of Dismissal with Prejudice as to the NEC 24
Defendants, DE 1145; Final Judgment of Dismissal with Prejudice as to the Micron Defendants, 25
DE 1146; Final Judgment of Dismissal with Prejudice as to the Hynix Defendants, DE 1147; Final Judgment of Dismissal with Prejudice as to the Etron Defendants, DE 1148; Order 26
Granting Final Approval of Samsung and Cypress Settlements and Plan of Distribution, DE 1408; Final Judgment of Dismissal with Prejudice as to Cypress Semiconductor Corporation, DE 27
1409; Final Judgment of Dismissal with Prejudice as to the Samsung Defendants, DE 1410.
1. IP Plaintiffs' Motion is GRANTED.
2. Claims administration expenses incurred and outstanding in the amount of
$77,399.93 are hereby approved and shall be paid from the Settlement Fund to the Claims 14
3. In accordance with the approved Plan of Distribution, the Court finds that the Net
Settlement Fund of $20,083,595.76 shall be allocated between the Reseller portion of the 20
approved by the Court (i.e., 36.7% to the Resellers and 63.3% to the End Users). Accordingly, 2
IP Plaintiffs are authorized to transfer $7,370,679.64 from the Settlement Fund to the Claims 3
4. The Court finds that the claims review process, as set forth in the Sherwood
Declaration, was fair, adequate and reasonable, providing a full and fair opportunity for potential 6
Reseller Settlement Class members and received by the Claims Administrator after the claims 8 filing deadline of October 24, 2011, but on or before May 31, 2012 are hereby accepted and 9 eligible for payment, provided they have otherwise been determined to be eligible for payment. 10
5. The Court finds that a prorated distribution of the Reseller portion of the Net
Settlement Fund is fair, adequate and reasonable. The prorated amount is 7.468%, and prorated 13 payments to Resellers shall be determined by multiplying 7.468 percent times the claimant's 14
6. The Claims Administrator's recommendations regarding claims and prorated
16 payment amounts (Sherwood Decl. ¶¶3-9 and Exhibit 1 thereto) are hereby adopted and 17 approved. 18
Court is fair, adequate and reasonable. In making such payments from the Settlement Fund, IP 21
Plaintiffs shall utilize the applicable percentage amounts previously approved by the Court and 22 reflected in Docket Entry 1379-2. 23
24 funds reserved for claim administration costs, escrow account costs and taxes) as set forth in 25
9. To the extent any of the reserved funds remain in the Settlement Fund after the
27 above distributions have been made and after IP Plaintiffs have paid all further and remaining 28
Administrator for purposes of distribution to approved Reseller claimants as set forth below. 4
Reseller members of the Settlement Class to submit a valid claim. Claims postmarked by 7
Claims postmarked after May 31, 2012 are not eligible for payment.
Approved Claim amount. 15
7. The Court also finds that distribution of the End User portion of the Net
Settlement Fund (i.e., $12,712,916.12) to the nonprofit candidates previously approved by the 20
8. The Court hereby authorizes distribution of the Net Settlement Fund (less the
Exhibit 1 of the Sherwood Declaration and as set forth in paragraph 7 hereto. 26
claims administration costs, escrow account costs and taxes, Class Counsel may, without further 2 order of the Court, distribute those funds to one or more of the cy pres candidates previously 3 approved by the Court and referenced in Docket Entry 1379-2. 4 5
IT IS SO ORDERED.
Dated: , 2012