The opinion of the court was delivered by: Honorable Manuel L. Real
[PROPOSED] FINAL ORDER AND JUDGMENT
A. As of September 27, 2012, Class Representative, New Mexico State Investment Council ("Class Representative"), acting on behalf of itself and the Class, entered into a Stipulation and Agreement of Settlement with Ernst & Young LLP (the "Stipulation") with Ernst & Young LLP ("EY" or the "Defendant") in these consolidated actions (the "Litigation").
B. Pursuant to the Preliminary Approval Order Providing for Notice and Hearing in Connection With Proposed Class Action Settlement With Ernst & Young LLP, entered October 12, 2012 (the "Preliminary Approval Order"), the Court scheduled a hearing for December 3, 2012, at 10:00.m. (the "Settlement Hearing") to: (a) determine whether the proposed settlement of the Litigation on the terms and conditions provided for in the Stipulation is fair, reasonable and adequate, and should be approved by the Court; and (b) determine whether a judgment as provided for in the Stipulation should be entered. The Court ordered that the Notice of Pendency of Class Action and Proposed Settlement With Ernst & Young LLP and Motion for Attorneys' Fees and Expenses (the "Notice") and, where applicable, a Proof of Claim and Release Form ("Proof of Claim"), in the form attached as Exhibits 1 and 2 to the Preliminary Approval Order, be mailed by first-class mail, postage prepaid, on or before October 16, 2012 ("Notice Date") to all putative Class Members at the address of each such Person as set forth in the records of Broadcom Corporation ("Broadcom") or its transfer agent, or who otherwise could be identified through reasonable effort, and that a Summary Notice of Pendency of Class Action and Hearing on Proposed Settlement With Ernst & Young LLP and Motion for Attorneys' Fees and Expenses (the "Summary Notice"), in the form attached to the Preliminary Approval Order as Exhibit 3, be published in The Wall Street Journal and transmitted over Business Wire within fourteen (14) calendar days of the Notice Date.
C. The Notice and the Summary Notice advised Class Members of the date, time, place and purpose of the Settlement Hearing. The Notice further advised that any objections to the Settlement were required to be filed with the Court and served on counsel for the Parties by November 19, 2012.
D. The provisions of the Preliminary Approval Order as to notice were complied with.
E. On November 2, 2012, Class Representative moved for final approval of the Settlement, as set forth in the Preliminary Approval Order. The Settlement Hearing was duly held before this Court on December 3, 2012, at which time all interested Persons were afforded the opportunity to be heard.
F. This Court has duly considered the Class Representative's motion, the affidavits, declarations and memorandum of law submitted in support thereof, and all of the submissions and arguments presented with respect to the proposed Settlement.
NOW, THEREFORE, after due deliberation, IT IS ORDERED, ADJUDGED AND DECREED that:
1. This Judgment incorporates by reference the definitions in the Stipulation, and all capitalized terms used herein shall have the same meanings as set forth in the Stipulation.
2. This Court has jurisdiction over the subject matter of the Litigation and over all Parties to the Litigation, including all members of the Class.
3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, on May 9, 2012, the Court entered the Order Certifying the Proposed Class and Appointing Class Representative and Class Counsel, certifying this Litigation as a class action on behalf of all persons and entities that purchased or otherwise acquired the Class A common stock of Broadcom Corporation during the period from February 14, 2006 through May 25, 2006, inclusive, (the "Class Period"), and were allegedly damaged thereby (the "Class"). Additionally, excluded from the Class are: the current or former defendants in the Litigation; the partners, directors, and principals of EY; the members of the immediate families of the former individual defendants in the Litigation; the legal representatives, heirs, successors or assigns of any excluded Person; any entity in which any current or former defendant has or had a controlling interest; shares of Broadcom Class A common stock purchased by any ...