Susan Lacerenza v. James R Zarley et al, No. 2:2007cv07141 - Document 45 (C.D. Cal. 2009)
Court Description: FINAL JUDGMENT AND ORDER OF DISMISSAL OF DERIVATIVE ACTION UPONS STIPULATION 37 :Court hereby approves the proposed Settlement set forth in the Stipulation and finds that the Settlement is, in all respects, fair, reasonable and adequate, and is in th e best interests of Plaintiff, ValueClick, and ValueClicks shareholders, and the Settling Parties are hereby directed to implement all of its terms and provisions. Upon the entry of this Final Order and Judgment the Court hereby approves the Fee and Expense Award to Plaintiffs Counsel in the amount of $250,000, which amount the Court finds to be fair and reasonable. The Fee and Expense Award shall be paid in accordance with the terms set forth in the Stipulation within ten (10) business days of the date hereof by Judge Dean D. Pregerson, (MD JS-6, Case Terminated). (lc) Modified on 11/23/2009 (lc).
Download PDF
<![CDATA[
Susan Lacerenza v. James R Zarley et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Doc. 45 Kevin S. Rosen, SBN 133304 Michael B. Smith, SBN 235764 GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue JS-6 Los Angeles, California 90071-3197 Telephone: (213) 229-7000 Facsimile: (213) 229-7520 krosen@gibsondunn.com mbsmith@gibsondunn.com Attorneys for Defendants, James R. Zarley, David S. Buzby, Martin T. Hart, Jeffrey F. Rayport, Tom A. Vadnais, Scott P. Barlow, Josh Gray, Samuel J. Paisley, G. Scott Piotroski, Scott H. Ray, Carl J. White, and Peter J. Wolfert Daniel L. Germain (Bar No. 143334) ROSMAN & GERMAIN LLP 16311 Ventura Boulevard Suite 1200 Encino, CA 91436-2152 Telephone: (818)_788-0877 Facsimile: (818) 788-0885 Eric L. Zagar (Bar No. 250519) Nicole Browning (Bar No. 251937) BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: 610-667-7706 Facsimile: (610) 667-7056 Attorneys for Plaintiff, Susan Lacerenza Phil J. Montoya, Jr., SBN 124085 ERNSTER LAW OFFICES, P.C. 70 South Lake Avenue, Suite 750 Pasadena, California 91101 Telephone: (626) 844-8800 Facsimile: (626) 844-8944 Attorneys for Nominal Defendant, ValueClick, Inc. 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 WESTERN DIVISION SUSAN LACERENZA, Derivatively on CASE NO. CV07-07141 DDP (AJWx) Behalf of Nominal Defendant VALUECLICK, INC., (Assigned to the Honorable Dean D. Pregerson, Courtroom 3) Plaintiff, FINAL JUDGMENT AND ORDER OF v. DISMISSAL OF DERIVATIVE ACTION JAMES R. ZARLEY, DAVID S. BUZBY, MARTIN T. HART, JEFFREY F. RAYPORT, TOM A. VADNAIS, SCOTT P. BARLOW, JOSH GRAY, SAMUEL J. PAISLEY, G. SCOTT PIOTROSKI, SCOTT H. RAY, CARL J. WHITE, PETER J. WOLFERT, 20 21 22 23 24 25 26 27 28 Defendants, Gibson, Dunn & Crutcher LLP [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL OF DERIVATIVE ACTION Dockets.Justia.com 1 2 3 and VALUECLICK, INC., Nominal Defendant. 4 5 This matter having come before the Court for final approval of the Settlement, 6 on the application of the Settling Parties for approval of the settlement set forth in the 7 Stipulation of Settlement dated as of June 19, 2009 (the “Stipulation”), and due and 8 adequate notice having been given of the Settlement as required in said Order, and the 9 Court having considered all papers filed and proceedings held herein and otherwise 10 being fully informed and good cause appearing therefore, 11 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 12 1. 13 14 15 16 This Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings set forth in the Stipulation. 2. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action. 3. Pursuant to Rule 23.1 of the Federal Rules of Civil Procedure, this Court 17 hereby approves the proposed Settlement set forth in the Stipulation and finds that the 18 Settlement is, in all respects, fair, reasonable and adequate, and is in the best interests 19 of Plaintiff, ValueClick, and ValueClick’s shareholders, and the Settling Parties are 20 hereby directed to implement all of its terms and provisions. 21 4. Upon the entry of this Final Order and Judgment, Plaintiff, on her own 22 behalf individually and derivatively on behalf of ValueClick, Plaintiff’s Counsel, and 23 ValueClick shall have, and by operation of the Judgment shall be deemed to have, 24 fully, finally, and forever released, relinquished and discharged all Released Claims 25 (including Unknown Claims) and any and all claims arising out of, relating to, or in 26 connection with the Settlement or resolution of the Action against the Released 27 Persons. 28 Gibson, Dunn & Crutcher LLP -1[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL OF DERIVATIVE ACTION 1 5. Plaintiff, on her own behalf individually and derivatively on behalf of 2 ValueClick, Inc., Plaintiff’s Counsel, and ValueClick are hereby forever barred and 3 enjoined from prosecuting the Released Claims against the Released Persons. 4 6. Upon the entry of this Final Order and Judgment, each of the Released 5 Persons shall be deemed to have, and by operation of the Judgment shall have, fully, 6 finally, and forever released, relinquished and discharged Plaintiff and Plaintiff’s 7 Counsel from all claims (including Unknown Claims) arising out of, relating to, or in 8 connection with the institution, prosecution, assertion, settlement or resolution of the 9 Action or the Released Claims. 10 7. The distribution of the Notice and the publication of the Summary Notice 11 as provided for in the Preliminary Approval Order constituted the best notice 12 practicable under the circumstances, including individual notice to all shareholders 13 who could be identified through reasonable effort. Said Notice provided the best 14 notice practicable under the circumstances of those proceedings and of the matters set 15 forth therein, including the proposed Settlement set forth in the Stipulation, to all 16 Persons entitled to such notice, and said Notice satisfies the requirements of Federal 17 Rule of Civil Procedure 23.1 and the requirements of due process. 18 8. All current shareholders of ValueClick shall be bound by all orders, 19 determinations and judgments in the Action concerning the Settlement, whether 20 favorable or unfavorable to ValueClick shareholders. 21 9. This Order and Final Judgment shall not constitute any evidence or 22 admission by any party herein that any acts or wrongdoing have been committed by 23 any of the Parties to the Action and should not be deemed to create any presumption or 24 inference that there is liability therefore. 25 10. The Court hereby approves the Fee and Expense Award to Plaintiff’s 26 Counsel in the amount of $250,000, which amount the Court finds to be fair and 27 reasonable. The Fee and Expense Award shall be paid in accordance with the terms 28 set forth in the Stipulation within ten (10) business days of the date hereof. Gibson, Dunn & Crutcher LLP -2[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL OF DERIVATIVE ACTION 1 11. Without affecting the finality of this Judgment in any way, this Court 2 hereby retains continuing jurisdiction over all parties hereto for the purpose of 3 construing, enforcing, and administering the Stipulation. 4 12. In the event that the Settlement does not become effective in accordance 5 with the terms of the Stipulation, including effectuating the release of claims in related 6 proceedings, this Order and Final Judgment shall be vacated, and all Orders entered 7 and releases delivered in connection with the Stipulation and Order and Final 8 Judgment shall be null and void, except as otherwise provided for in the Stipulation. 9 10 13. This Order and Final Judgment and entry by the Clerk of the Court is pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. 11 12 DATED: November 23, 2009 The Honorable Dean D. Pregerson 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP -3[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL OF DERIVATIVE ACTION
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
