IN RE: WARNER MUSIC GROUP CORP. DIGITAL DOWNLOADS LITIGATION
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
RICHARD SEEBORG, District Judge.
The Court, having reviewed Plaintiffs Kathy Sledge Lightfoot, Ronee Blakley, and Gary Wright's (collectively, "Plaintiffs") Motion for Preliminary Approval of Class Action Settlement with Defendant Warner Music Group Corp. ("WMG" or "Defendant"), the pleadings and other papers on file in this action, and the statements of counsel and the parties, hereby finds that Plaintiffs' motion should be GRANTED.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1. For purposes of this Order, except as otherwise set forth herein, the Court adopts and incorporates the definitions contained in the Stipulation and Agreement of Settlement ("Settlement Agreement").
2. The Court hereby gives its preliminary approval to the Settlement Agreement, subject to a hearing on the final approval of the settlement (the "Fairness Hearing") on behalf of the following Class:
All persons and entities (and their successors-in-interest, assigns and heirs) that are parties to a Royalty Rate Contract, dated on or prior to December 31, 2001, with a WMG U.S. Label.
3. The Court finds that the Settlement Agreement falls within the range of reasonableness necessary to grant preliminary approval. The Court further finds that there is a sufficient basis for notifying the Class of the proposed Settlement Agreement, and for enjoining Class Members from proceeding in any other action arising from or relating to this litigation pending the conclusion of the Fairness Hearing.
4. The Fairness Hearing will be conducted to determine the following:
a. Whether the proposed Settlement Agreement is fair, reasonable, and adequate and should be granted final approval;
b. Whether final judgments should be entered dismissing the claims of the Class against WMG with prejudice as required by the Settlement Agreement; and
c. Such other matters as the Court may deem appropriate.
5. Plaintiffs Kathy Sledge Lightfoot, Ronee Blakley and Gary Wright are hereby found to be adequate representatives of the Class and are therefore appointed as Class Representatives.
6. Previously appointed Interim Co-Lead Class Counsel, Pearson, Simon & Warshaw, LLP, Hausfeld LLP, Kiesel Law LLP, Lieff Cabraser Heimann & Bernstein, LLP, and Phillips, Erlewine & Given, LLP are hereby found to adequately represent the ...