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Good Morning to You Productions Corp. v. Warner/Chappell Music, Inc.

United States District Court, C.D. California

June 30, 2016

GOOD MORNING TO YOU PRODUCTIONS CORP., et al., Plaintiffs,
v.
WARNER/CHAPPELL MUSIC, INC. et al., Defendants.

          FINAL ORDER AND JUDGMENT

          Honorable George H. King Chief United States District Judge

         This matter is before us on Plaintiffs' Motion for Final Approval of Class Action Settlement ("Motion"). The Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including all Settlement Class Members.

         After reviewing the Settlement Agreement, Plaintiffs' Motion, and other related documents, and having heard the argument of counsel for the respective Parties, IT IS HEREBY ORDERED AS FOLLOWS:

         1. This Final Order and Judgment ("Judgment") incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms used herein shall have the same meanings as set forth therein.

         2. Pursuant to Federal Rule of Civil Procedure ("Rule") 23, the Court certifies, for purposes of settlement only, the Settlement Class as defined in the Settlement Agreement and in the Preliminary Approval Order. The Persons who timely submitted valid requests for exclusion from the Settlement Class, as listed on Exhibit 1 hereto, are hereby excluded from the Settlement Class.

         3. For the purposes of settlement only, the Court concludes that the prerequisites for a class action under Rules 23(a) and (b)(3) have been satisfied in that: (1) the members of the Settlement Class are so numerous that joinder of all Settlement Class Members in the class action is impracticable; (2) there are questions of law and fact common to the Class that predominate over any individual question; (3) Plaintiffs' claims are typical of the claims of the Settlement Class; (4) Plaintiffs and Class Counsel have fairly and adequately represented and protected the interests of Settlement Class Members; and (5) a class action is superior to other available methods for the fair and efficient adjudication of the controversy, considering: (a) the extent and nature of any litigation concerning the controversy already commenced by Settlement Class Members; (b) the interests of the Settlement Class Members in individually controlling the prosecution of separate actions; (c) the desirability or undesirability of concentrating the litigation of these claims in this particular forum; and (d) the difficulties likely to be encountered in the management of the class action.

         4. Pursuant to Rule 23, the Court concludes that the Settlement Agreement and Settlement are fair, reasonable, and adequate as to the Parties and the Settlement Class Members, and that the Settlement Agreement and Settlement are hereby finally approved in all respects.

         5. Accordingly, the Court authorizes and directs implementation of all the terms and provisions of the Settlement Agreement.

         6. The Court hereby declares that, as of the Final Settlement Date, the Song entitled Happy Birthday to You! will be in the public domain.

         7. The Court hereby dismisses with prejudice the Action and all claims contained therein and all of the Released Claims as against the Released Parties, except as and to the extent provided in the Settlement Agreement and herein.

         8. Upon the Final Settlement Date, and as provided in the Settlement Agreement, Plaintiffs, each and all of the Settlement Class Members (other than those listed on Exhibit 1)-and, with respect to the Released Claims released between Defendants and Intervenors, all of the Released Parties-and anyone claiming through or on behalf of any of them, including but not limited to all of their present, former, and future licensees with respect to the Song (including, without limitation, any blanket licensee or subscriber of a Settlement Class Member), heirs, executors, administrators, representatives, agents, attorneys, partners, predecessors, predecessors-in-interest, successors, successors-in-interest, assigns, and legatees; and to the extent a Settlement Class Member is not an individual, all of its present, former, and future licensees with respect to the Song (including, without limitation, any blanket licensee or subscriber of a Settlement Class Member), direct and indirect parent companies, Affiliates, subsidiaries, divisions, agents, franchisees, successors, successors-in-interest, predecessors, and predecessors-in-interest, shall be deemed to have, and by operation of this Judgment shall have, fully, finally, and forever waived, remised, released, relinquished, and discharged all Released Claims (including, without limitation, 3 Unknown Claims) against the Released Parties, regardless of whether such Settlemenl Class Member executes and delivers the Claim Form.

         9. Upon the Final Settlement Date, Plaintiffs, each and all of the Settlement Class Members (other than those listed on Exhibit 1) -and, with respect to the Released Claims released between Defendants and Intervenors, all of the Released: Parties-and anyone claiming through or on behalf of any of them, including but not limited to all of their present, former, and future licensees with respect to the Song (including, without limitation, any blanket licensee or subscriber of a Settlement Class Member), heirs, executors, administrators, representatives, agents, attorneys, partners, predecessors, predecessors-in-interest, successors, successors-in-interest, assigns, and legatees; and to the extent a Settlement Class Member is not an individual, all of its present, former, and future licensees with respect to the Song (including, without limitation, any blanket licensee or subscriber of a Settlement Class Member), direct and indirect parent companies, Affiliates, subsidiaries, divisions, agents, franchisees, successors, successors-in-interest, predecessors, and predecessors-in-interest, shall be deemed to be, and by operation of this Judgment, shall be, permanently barred and enjoined from asserting, instituting, maintaining, prosecuting, or enforcing, in any court of law or equity, arbitration, tribunal, administrative forum, or other forum of any kind (whether within the United States or not), any and all Released Claims (including, without limitation, Unknown Claims) against any of the Released Parties - regardless of whether such Settlement Class Member executes and delivers the Claim Form - as well as any claims arising out of, relating to, or in connection with, the defense, settlement, or resolution of the Action or the Released Claims against the Released Parties, Plaintiffs, or Class Counsel, except for claims relating to the enforcement of the Settlement, or any confidentiality agreement to which the Parties have entered or may enter into in connection with the Action.

         10. The notice given to the Class in accordance with the Preliminary Approval Order was the best notice practicable to all Persons entitled to such notice, including the individual notice to all Settlement Class Members whose names and addresses could be identified by Defendants through reasonable means. The notice procedure fully satisfied the requirements of Rule 23, the requirements of due process, S and the requirement of the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, and all other applicable law and rules.

         11. Defendants and Intervenors deny any wrongdoing whatsoever, and this Judgment shall in no event be construed or deemed to be evidence of, or an admission or concession on the part of any Defendant or Intervenor with respect to any claim of, i any fault or liability or wrongdoing or damage whatsoever, or any infirmity in the defenses ...


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