DESIREE STEPHENSON, MARNI HABER AND KARVA TAM, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
NEUTROGENA CORPORATION, Defendant.
CLASS ACTION [PROPOSED] FINAL SETTLEMENT ORDER AND JUDGMENT
PHYLLIS J. HAMILTON, District Judge.
IT IS HEREBY ADJUDGED AND DECREED THAT:
1. This Judgment incorporates by reference the definitions in the Stipulation of Settlement filed on December 20, 2012 ("Stipulation"), and all capitalized terms used herein shall have the same meanings as set forth in the Stipulation unless set forth differently herein. The terms of the Stipulation are fully incorporated in this Judgment as if set forth fully here.
2. The Court has jurisdiction over the subject matter of this action and all Parties to the action, including all Class Members who do not timely exclude themselves from the Class. The name of the excluded Class Member is attached hereto as Exhibit A.
3. Pursuant to Federal Rule of Civil Procedure 23(b)(3), the Court hereby certifies the following Class:
All individuals in the United States who purchased Neutrogena Naturals Purifying Facial Cleanser, Purifying Pore Scrub, Face and Body Bar, Fresh Cleansing Makeup Remover, Multi-Vitamin Nourishing Moisturizer, or Multi-Vitamin Nourishing Night Cream from January 1, 2011 until April 22, 2013 (the date notice of this Settlement to the Class is first published). Specifically excluded from the Class are (a) Defendant, (b) the officers, directors, or employees of Defendant and their immediate family, (c) any entity in which Defendant has a controlling interest, (d) any affiliate, legal representative, heir, or assign of Defendant, (e) all federal court judges who have presided over this Action and their immediate family; (b) all persons who have submitted a valid request for exclusion from the Class; and (d) those who purchased the Neutrogena Naturals products listed above for the purpose of resale.
4. Pursuant to Federal Rule of Civil Procedure 23(c)(3), all such persons or entities who satisfy the Class definition above, except those Class Members who timely and validly excluded themselves from the Class, are Class Members bound by this Judgment.
5. For settlement purposes only, the Court finds:
(a) Pursuant to Federal Rule of Civil Procedure 23(a), Desiree Stephenson, Marni Haber and Karva Tam are members of the Class, their claims are typical of the Class, and they fairly and adequately protected the interests of the Class throughout the proceedings in the Action. Accordingly, the Court hereby appoints Desiree Stephenson, Marni Haber and Karva Tam as class representatives;
(b) The Class meets all of the requirements of Federal Rules of Civil Procedure 23(a) and (b)(3) for certification of the class claims alleged in the Second Amended Complaint filed by Desiree Stephenson, Marni Haber and Karva Tam, including: (a) numerosity; (b) commonality; (c) typicality; (d) adequacy of the class representative and Class Counsel; (e) predominance of common questions of fact and law among the Class for purposes of settlement; and (f) superiority; and
(c) Having considered the factors set forth in Rule 23(g)(1) of the Federal Rules of Civil Procedure, Class Counsel have fairly and adequately represented the Class for purposes of entering into and implementing the settlement. Accordingly, the Court hereby appoints Class Counsel as counsel to represent Class Members.
6. Persons or entities who filed timely exclusion requests are not bound by this Judgment or the terms of the Stipulation and may pursue their own individual remedies against Defendant. However, such excluded parties are not entitled to any rights or benefits provided to Class Members by the terms of the Stipulation. The name of the person excluded from the Class because they filed a timely and valid request for exclusion is attached hereto as Exhibit A.
7. The Court directed that notice be given to Class members by publication and other means pursuant to the notice program proposed by the Parties in the Stipulation and approved by the Court. The Declaration of Jennifer M. Keough, attached as Exhibit 3 to the Declaration of Mark N. Todzo, attesting to the dissemination of the notice to the Class, demonstrates compliance with this Court's Preliminary Approval Order. The Class Notice advised Class members of the terms of the settlement; the Final Approval Hearing and their right to appear at such hearing; their rights to remain in or opt out of the Class and to object to the settlement; the procedures for exercising such rights; and the binding effect of this Judgment, whether favorable or unfavorable, to the Class.
8. The distribution of the notice to the Class constituted the best notice practicable under the circumstances, and fully satisfied the requirements of Federal Rule of Civil Procedure 23, the requirements of due ...