Amy Harrington v. Mattel Inc. et al, No. 2:2008cv00683 - Document 9 (C.D. Cal. 2010)
Court Description: FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE by Judge Dale S. Fischer: IT IS HEREBY ADJUDGED AND DECREED THAT: 1. This Final Judgment incorporates by reference the definitions in the Stipulation of Class Action Settlement dated October 12, 2009 ("Agreement" or "Stipulation"), and all terms used herein shall have the same meanings as set forth in the Agreement unless set forth differently herein, (MD JS-6, Case Terminated). (bp)
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Amy Harrington v. Mattel Inc. et al 1 2 3 4 5 6 7 8 9 Doc. 9 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP JOHN J. STOIA, JR. (141757) RACHEL L. JENSEN (211456) PAULA M. ROACH (254142) 655 West Broadway, Suite 1900 San Diego, California 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 johns@csgrr.com rachelj@csgrr.com proach@csgrr.com WHATLEY, DRAKE & KALLAS, LLC JOE R. WHATLEY, JR. EDITH M. KALLAS ELIZABETH ROSENBERG 1540 Broadway, 37th Floor New York, New York 10036 Telephone: (212) 447-7070 Facsimile: (212) 447-7077 jwhatley@wdklaw.com ekallas@wdklaw.com erosenberg@wdklaw.com JS 6 Co-Lead Counsel for Plaintiffs JONES DAY THOMAS E. FENNELL MICHAEL L. RICE 2727 N. Harwood St. Dallas, Texas 75201 Telephone: (214) 220-3939 Facsimile: (214) 969-5100 tefennell@jonesday.com mlrice@jonesday.com 18 JONES DAY ELWOOD LUI (45538) 555 South Flower Street Fiftieth Floor Los Angeles, California 90071-2300 Telephone: (213) 489-3939 Facsimile: (213) 243-2539 elui@jonesday.com JONES DAY HUGH R. WHITING North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 hrwhiting@jonesday.com 19 Attorneys for Defendant Attorneys for Defendant 10 11 12 13 14 15 16 17 20 UNITED STATES DISTRICT COURT 21 CENTRAL DISTRICT OF CALIFORNIA 22 WESTERN DIVISION 23 24 25 26 27 In re MATTEL, INC., TOY LEAD PAINT PRODUCTS LIABILITY LITIGATION Case No. 2:07-ml-01897-DSF-AJW CV 08-683 DSF FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE Date: March 15, 2010 Time: 1:30 p.m. Dept.: 840 28 2:07-ml-01897 - [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE Dockets.Justia.com 1 IT IS HEREBY ADJUDGED AND DECREED THAT: 2 1. This Final Judgment incorporates by reference the definitions in the 3 Stipulation of Class Action Settlement dated October 12, 2009 (“Agreement” or 4 “Stipulation”), and all terms used herein shall have the same meanings as set forth 5 in the Agreement unless set forth differently herein. The terms of the Agreement 6 are fully incorporated in this Final Judgment as if set forth fully herein, except the 7 second sentence of Section I.1 of the Agreement, which is modified to require 8 payment by Mattel within ten (10) business days of any award of Attorneys’ Fees 9 and Expenses to Co-Lead Counsel, and the third sentence of Section I.3 of the 10 Agreement is modified to require payment by Mattel to Co-Lead Counsel within 11 ten (10) business days of any award of Incentive Awards to the Class 12 Representatives. 13 14 15 2. The Court has jurisdiction over the subject matter of this Action and all Parties to the Action, including all Settlement Class Members. 3. In the accompanying Order Granting Class Action Settlement, the 16 Court granted final certification, for purposes of settlement only, of a Settlement 17 Class pursuant to Federal Rule of Civil Procedure 23(b)(3), defined as: 18 All Persons who (a) purchased or acquired (including by gift) a new Recalled Toy for or on behalf of themselves or a minor child over whom they have custody and control as a parent or guardian, or to be given as a gift to another Person; or (b) are the parent or guardian of a minor child who purchased or acquired (including by gift) a new Recalled Toy. 19 20 21 22 23 4. The Settlement Class certified by this Court for settlement purposes excludes the following Persons: 24 • all Persons who purchased or acquired a used Recalled Toy; 25 • all Persons who purchased or acquired a Recalled Toy for resale; 26 • Defendants and their affiliated entities; 27 • Defendants’ legal representatives, assigns, and successors; 28 • any Person who filed a valid, timely Request For Exclusion; and -1- 2:07-ml-01897 - [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE 2 F • 1 2 3 5. the Judges to whom this Action is assigned and any member of their immediate families. Pursuant to Federal Rule of Civil Procedure 23(c)(3), all Persons who 4 satisfy the Class definition above are Settlement Class Members bound by this 5 Final Judgment. 6 6. The list of Persons excluded from the Settlement Class because they 7 timely filed valid Requests for Exclusion (“Opt-Outs”) is attached hereto as 8 Exhibit 1. Persons who filed timely, completed Opt-Outs are not bound by this 9 Final Judgment or the terms of the Agreement, and may pursue their own individual 10 remedies against Defendants and the Released Parties. However, such Persons are 11 not entitled to any rights or benefits provided to Settlement Class Members by the 12 terms of the Agreement. 13 7. As set forth in the accompanying Order Approving Class Action 14 Settlement, the Claims Administrator caused to be mailed or emailed to all 15 identified Settlement Class Members the Class Notice which is Exhibit L to the 16 Stipulation, and caused to be published a Summary Notice of the proposed 17 Settlement, which is Exhibit C to the Stipulation, and made available to Settlement 18 Class Members on the settlement website and upon request the long-form Notice, 19 which is Exhibit B to the Stipulation (collectively the “Notices”). 20 8. For the reasons set forth in the accompanying Order Approving Class 21 Action Settlement, the Settlement of this Action on the terms set forth in the 22 Agreement, along with the Exhibits thereto, proposed by the Parties has been 23 approved by this Court. 24 9. Pursuant to Federal Rule of Civil Procedure 23(c)(3), all Settlement 25 Class Members who have not timely and validly filed Opt-Outs are thus Settlement 26 Class Members who are bound by this Final Judgment, by the Order Approving 27 Class Action Settlement and by the terms of the Agreement. 28 -2- 2:07-ml-01897 - [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE 2 F 1 10. The Released Parties are hereby released and forever discharged from 2 any and all of the Released Claims. The Releasing Parties are hereby forever 3 barred and enjoined from asserting, instituting or prosecuting, directly or indirectly, 4 any Released Claim in any court or other forum against any of the Released Parties. 5 However, no Releasing Party shall be deemed to be barred or enjoined from 6 bringing any individual claim for personal injury on behalf of themselves or any 7 minor child of whom they have custody or control as a parent or guardian 8 (including, without limitation, individual claims for testing, medical monitoring, or 9 medical treatment; provided, however, that the cost of any lead testing of a minor 10 child that is reimbursed by Mattel to a Settlement Class Member pursuant to the 11 Settlement shall be included in the term “Released Claim.”) All Settlement Class 12 Members are bound by the Covenant Not To Sue and are hereby forever barred and 13 enjoined from taking any action in violation of the Covenant Not to Sue. 14 11. None of the provisions of the Settlement, this Final Judgment, nor the 15 fact of the Settlement constitutes any admission by any of the Parties of any 16 liability, wrongdoing or violation of law, damages or lack thereof, or of the validity 17 or invalidity of any claim or defense asserted in the Action. None of the provisions 18 of the Settlement, this Final Judgment, the accompanying Order Approving Class 19 Action Settlement, the fact of the Settlement, the proceedings related to the 20 Settlement, the Parties’ negotiations, nor any documents related thereto may be 21 offered or received in evidence or construed as an admission, concession, 22 presumption or inference against any Party in any proceeding, except insofar as 23 may be necessary to effectuate or enforce the terms of the Settlement and this Final 24 Judgment. 25 12. The Court hereby dismisses with prejudice the Action, all Constituent 26 Actions, and all Released Claims against each and all Released Parties and without 27 costs to any of the Parties as against the others. 28 -3- 2:07-ml-01897 - [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE 2 F 1 13. Without affecting the finality of this Final Judgment, the Court 2 reserves jurisdiction over the implementation, administration and enforcement of 3 this Final Judgment and the Agreement, and all matters ancillary thereto, including 4 the award of Attorneys’ Fees and Expenses to Co-Lead Counsel and Incentive 5 Awards to the Class Representatives, which the Court has taken under advisement. 6 14. The award of Attorneys’ Fees and Expenses to Co-Lead Counsel and 7 the award of Incentive Awards to Class Representatives, including any appeals 8 therefrom, shall not affect the finality of any other portion of this Final Judgment or 9 delay the Effective Date of the Agreement. 10 15. The Court, finding that no reason exists for delay, hereby directs the 11 Clerk to enter this Final Judgment forthwith. 12 Dated: March 26, 2010 IT IS SO ORDERED. 13 14 15 Hon. Dale S. Fischer United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 2:07-ml-01897 - [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE 2 F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 EXHIBIT 1 19 20 21 22 23 24 25 26 27 28 -5- 2:07-ml-01897 - [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE 2 F 1 EXHIBIT 1 2 Persons Who Requested To Be Excluded From The Class Last Name 3 Aiello Benson Benson Benson Blas Buell Burch Chamberlain Feldman Garland Gleason Harbaugh Helm Herrell1 Keranen Kolick Lawson Littlefield Mahoney Means Miramontes Nesty Perez2 Robinson Rose Rowland Seidel Seidel Sippy Skeete Stevens Swartz Tucker Turnblom Walla Wells Wilkerson Yezik 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 First Name William Dan Denise Ricki Rhonda Audra David Tracy Maralee Stephanie Jean Jill Erika Pam J. Anne Lori Wayne Karen Star Sheila Rene Victor Renita Loretta Debbie Darin Karen Steve Stacy Rosemarie Shane Jaclyn Eileen Glen Cassie Cindy Jennifer 26 1 27 28 Original Data File lists Jimmy Herrel at matching address. 2 Late filed; all Parties waived objections as to its timeliness. -6- 2:07-ml-01897 - [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE 2 F
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