United States District Court, N.D. California, San Jose Division
ROBERT A. NITSCH, et al., Plaintiffs,
DREAMWORKS ANIMATION SKG INC., et al., Defendants.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT RE: DKT. NO. 388
H. KOH United States District Judge.
plaintiffs, on behalf of themselves and of the certified
litigation class (the “Class”), and two groups of
defendants - first, DreamWorks Animation SKG, Inc.
(“Dreamworks”), and second, The Walt Disney
Company, Pixar, Lucasfilm Ltd., LLC, and Two Pic MC LLC (the
“Disney Defendants”) - have independently agreed,
subject to Court approval following notice to the Class and a
hearing, to settle the above-captioned matter
(“Action”) upon the terms set forth in two
Settlement Agreements (the “DreamWorks Agreement”
and the “Disney Agreement, ” respectively);
this Court has reviewed and considered the Settlement
Agreements entered into among the parties, together with all
exhibits thereto, the record in this case, and the briefs and
arguments of counsel;
plaintiffs have applied for an order entering final judgment
and granting final approval of the Settlement Agreements;
this Court has already found that the Class meets all the
prerequisites of Rule 23 of the Federal Rules of Civil
THEREFORE, IT IS HEREBY ORDERED:
Unless otherwise defined herein, all terms that are
capitalized herein shall have the same meaning ascribed to
those terms in the Settlement Agreements.
Court has jurisdiction over this Action (and all actions and
proceedings consolidated in the Action), Plaintiffs, Class
Members, DreamWorks, the Disney Defendants, and any party to
any agreement that is part of or related to the Settlement
Agreements. Plaintiffs have brought claims against DreamWorks
and the Disney Defendants pursuant to 15 U.S.C. § 1,
California Business and Professions Code § 16720, and
California Business and Professions Code §§ 17200
et seq. Jurisdiction lies in this Court pursuant to
15 U.S.C. § 4 and 28 U.S.C. §§ 1331 and 1337.
Final Judgment shall apply to DreamWorks, the Disney
Defendants, Plaintiffs, and Class members who did not file
with the Court valid and timely requests for exclusion from
the Settlement Agreements.
SETTLEMENT AGREEMENT APPROVAL
Federal Rule of Civil Procedure 23(e)(2) requires the Court
to determine whether the proposed settlements are
“fair, reasonable, and adequate.” The Ninth
Circuit has set forth factors which may be ...