United States District Court, C.D. California
ANNE WOLF, ROBIN SERGI, ANTHONY FEHRENBACH, and CARLOS ROMERO individually, and on behalf of other members of the general public similarly situated, Plaintiff,
HEWLETT PACKARD COMPANY, Defendant.
FINAL JUDGMENT [JS-6]
TERRY J. HATTER, JR. UNITED STATES DISTRICT JUDGE.
matter came before the Court for a hearing on November 5,
2017, on the application of the Settling Parties for approval
of the Settlement set forth in the Settlement Agreement and
Release dated July 31, 2017 (“Settlement” or
“Settlement Agreement”). Due and adequate notice
having been given to the Class, and the Court having
considered all papers filed and proceedings had herein and
otherwise being fully informed in the premises and good cause
appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND
Judgment incorporates by reference the Order re: Motion for
Final Approval of Class Settlement [Dkt. 157], issued by the
Court on March 29, 2019, (the “Final Approval
Order”) and Motion for an Award of Attorneys' Fees
and Reimbursement of Expenses [Dkt. 173], issued by the Court
on December 16, 2019 (“Motion for Fees and
Costs”). This Judgment also incorporates by reference
the definitions in the Settlement Agreement, and all terms
used herein shall have the same meanings as set forth in the
Settlement Agreement, unless otherwise set forth herein.
Court has jurisdiction over the subject matter of the Action
and over all of the parties to the Action.
fully set forth in the Final Approval Order and pursuant to
Rule 23 of the Federal Rules of Civil Procedure, the Court
finally certifies the Settlement Class for the purpose of
administering the Settlement. The Settlement Class is defined
as: all persons or entities residing in the States of
California and Texas who purchased an HP LaserJet Pro P1102w
Printer, as well as all persons or entities residing in
California who purchased an HP LaserJet Pro 200 Color MFP
M276nw printer, between April 1, 2014, and the present.
Excluded from the Class are any employees of HP, its parents,
affiliates, or subsidiaries; the Judge or Magistrate Judge to
whom the Actions are assigned; and, any member of those
Judges' staffs or immediate families. With respect to the
Settlement Class, this Court finds, solely for the purposes
of the Settlement, that the prerequisites for a class action
under Rules 23(a) and (b)(3) of the Federal Rules of Civil
Procedure have been satisfied.
Class Notice provided to the Settlement Class conforms with
the requirements of Federal Rule of Civil Procedure 23, the
California and United States Constitutions, and any other
applicable law, and constitutes the best notice practicable
under the circumstances of those proceedings and the matters
set forth therein, by providing individual notice to all
Class Members who could be identified through reasonable
effort, and by providing due and adequate notice of the
proceedings and of the matters set forth therein to the other
Class Members. The notice fully satisfied the requirements of
Rule 23 of the Federal Rules of Civil Procedure, the
requirements of due process and any other applicable law.
Court finds the settlement was entered into in good faith,
that the settlement is fair, reasonable and adequate, and
that the settlement satisfies the standards and applicable
requirements for final approval of this class action
settlement under California and federal law, including the
provisions of Federal Rule of Civil Procedure 23. The
settlement falls within the range of possible approval as
fair, adequate and reasonable, appears to be the product of
arms-length and informed negotiations, and treats all members
of the Settlement Class fairly.
Class Members have objected to the terms of the Settlement.
Three Class Members/ have requested exclusion from the
entry of this Order, compensation to the participating
members of the Settlement Class shall be effected pursuant to
the terms of the Settlement Agreement.
addition to any recovery that Plaintiffs may receive under
the Settlement, and in recognition of the Plaintiffs'
efforts and risks taken on behalf of the Settlement Class,
the Court hereby approves the payment of an incentive award
to the Plaintiff Anne Wolf, in the amount of $5, 000, and as
to the other Named Plaintiffs in the amount of $2, 000 each.
Court approves the payment of attorneys' fees to Class
Counsel in the sum of $ 859, 456.86 and the reimbursement of
litigation expenses in the sum of $ 81, 456.86.
Court approves and orders payment in an amount commensurate
with KCC's actual costs, to KCC for performance of its
settlement claims administration services.
Upon the Effective Date, the Plaintiffs and all members of
the Settlement Class, except the excluded individuals
referenced in paragraph 8 of this Order, shall have, by
operation of this Order and the accompanying Judgment, fully,
finally and forever released, relinquished, and discharged
the Released Parties, defined in Section 2.26 of the
Settlement Agreement as Defendant HP Inc. (“HP”),
and each of its employees, assigns, attorneys, agents, and
all of its past, present, and future officers and directors;
all of HP's parents, subsidiaries, divisions, affiliates,
predecessors, and successors, and each of their respective
employees, assigns, attorneys, agents, resellers and past,
present and future officers and directors; and any and all
persons, entities, or corporations involved in any way in the
sale, distribution or advertising of HP LaserJet Pro P1102w
printers and/or HP LaserJet Pro 200 Color MFP M276nw
printers, from the Released Claims, defined in Section XVI of
the Settlement Agreement as any and all claims, causes of
action, suits, obligations, debts, demands, agreements,
promises, liabilities, damages, losses, controversies, costs,
expenses, and attorneys' fees of any nature whatsoever,
whether based on any federal law, state law, common law,
territorial law, foreign law, contract, rule, regulation, any
regulatory promulgation (including, but not limited to, any
opinion or declaratory ruling), or equity, whether known or
unknown, suspected or unsuspected, asserted or unasserted,
foreseen or unforeseen, actual or contingent, liquidated or
unliquidated, punitive or compensatory, as of the date of the
Final Approval Order, that: (i) were brought or that could
have been brought against the Released Parties, or any of
them, and that arise out of or are related in any way to any
or all of the acts, omissions, facts, matters, transactions,
or occurrences that were or could have been directly or
indirectly alleged or referred to in the Action (including,
but not limited to alleged violations of state consumer
protection, unfair competition, and/or false or deceptive
advertising statutes (including, but not limited to, Cal.
Bus. & Prof. Code § 17200 et seq., Cal. Bus. &
Prof. Code § 17500 et seq., Cal. Civ. Code § 1750
et seq. and Texas Business and Commerce Code, §§
17.50, et seq.)); declaratory or injunctive relief, and other
equitable claims or claims sounding in contract and tort; and
(ii) arise out of or relate in any way to the availability of
the Smart Install feature on HP LaserJet Pro P1102w printers
and/or HP ...