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Nitsch v. Dreamworks Animation SKG Inc.

United States District Court, N.D. California, San Jose Division

June 5, 2017

ROBERT A. NITSCH, et al., Plaintiffs,
v.
DREAMWORKS ANIMATION SKG INC., et al., Defendants.

          ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT RE: DKT. NO. 388

          LUCY H. KOH United States District Judge.

         WHEREAS 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);

         WHEREAS, 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;

         WHEREAS, plaintiffs have applied for an order entering final judgment and granting final approval of the Settlement Agreements;

         WHEREAS, this Court has already found that the Class meets all the prerequisites of Rule 23 of the Federal Rules of Civil Procedure;

         NOW, THEREFORE, IT IS HEREBY ORDERED:

         I. DEFINITIONS

         1. Unless otherwise defined herein, all terms that are capitalized herein shall have the same meaning ascribed to those terms in the Settlement Agreements.

         II. JURISDICTION

         2. The 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.

         III. APPLICABILITY

         3. This 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.

         IV. SETTLEMENT AGREEMENT APPROVAL

         4. 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 ...


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