CLRB Hanson Industries, LLC et al v. Google Inc., No. 5:2005cv03649 - Document 346 (N.D. Cal. 2009)
Court Description: FINAL JUDGMENT by Judge James Ware granting 339 Motion for Settlement (jwlc1, COURT STAFF) (Filed on 9/14/2009) Modified on 9/15/2009 (cv, COURT STAFF).
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CLRB Hanson Industries, LLC et al v. Google Inc. Doc. 346 Filed09/14/09 Page1 of 12 S 3 ERED O ORD IT IS S 4 es Ware NO m Judge Ja RT ER 7 8 A H 6 LI 5 R NIA UNIT ED 2 RT U O 1 S DISTRICT TE C TA FO Case5:05-cv-03649-JW Document346 N F D IS T IC T O R C UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN, on behalf of themselves and all others similarly situated, 14 19 20 21 22 23 24 25 26 27 28 Hearing: Time: Dept.: Judge: vs. GOOGLE, INC., 17 18 FINAL JUDGMENT [PROPOSED] FINAL JUDGMENT Plaintiffs, 15 16 Case No. C 05-03649 JW PVT September 14, 2009 9:00 a.m. Courtroom 8 Hon. James W. Ware Defendant. On September 14, 2009, this matter came before the Court for hearing on the application of the This matter came before the Court for hearing on the application of the Parties for approval of Parties for approval of the settlement set forth in the Settlement Agreement and Release the settlement set forth in the Settlement Agreement and Release (“Agreement”), dated as of March (“Agreement”), dated as of March 17, 2009. The Court reviewed the various objections it has received 17, 2009. Due and adequate notice having been given to the Class as required by prior Order of this and permitted counsel representing three objectors to speak at the hearing. Upon consideration, the Court, and the Court having considered all papers filed and proceedings had herein and otherwise Court overrules the objections to this Settlement Agreement. Accordingly, due and adequate notice being fully informed in the premises and good cause appearing therefor, having been given to the Class as required by prior Order of this Court, and the Court having NOW, THEREFORE, IT IS HEREBY ORDERED THAT: considered all papers filed and proceedings had herein and otherwise being fully informed in the 1. The Court, for purposes of this Order, adopts the definitions set forth in the Agreement. premises and good cause appearing therefor, NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1 [PROPOSED] FINAL JUDGMENT 1. The Court, for purposes of this Order, adopts the definitions set forth in the Agreement. 964984v1/010480 1 Dockets.Justia.com Case5:05-cv-03649-JW Document346 1 2 3 4 2. Filed09/14/09 Page2 of 12 This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all members of the Class. 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and by prior Order of this Court, the Class has been certified, defined as set forth in the Agreement. Excluded from the Class are 5 Resellers, as defined in the Agreement, and those who validly requested to be excluded from the Class 6 7 8 pursuant to paragraph 3.4 of the Agreement (the names of which are attached hereto as Exhibit A). 4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves 9 the settlement set forth in the Settlement Agreement and finds that said settlement is, in all respects, 10 fair, just, reasonable and adequate to the Class, and in the best interests of the Class. 11 12 5. The Action and all claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as to plaintiffs and all Class Members and as against Google. 13 14 15 6. The Court finds that the Agreement, and the terms of the settlement set forth therein, is fair, just, reasonable and adequate to the Class, and that the Agreement, and the terms of the settlement 16 set forth therein, are hereby finally approved in all respects and the Parties are hereby directed to 17 perform its terms. 18 7. 19 20 Upon this Final Judgment becoming final, all Class Members, on behalf of themselves, and their respective heirs, executors, administrators, successors, assigns, employees, officers, directors, attorneys, representatives, affiliates, agents, and any persons or entities they represent, shall 21 22 be deemed to release and forever discharge Google from all Released Claims, and shall forever be 23 barred and enjoined from prosecuting, commencing, instituting or asserting all or any of the Released 24 Claims in any action or other proceeding in any court of law or equity, arbitrational tribunal, 25 administrative or other forum, whether directly, representatively, derivatively, or in any other capacity 26 against Google, and Google shall be deemed to have, and by operation of this Judgment shall have 27 28 2 [PROPOSED] FINAL JUDGMENT 964984v1/010480 Case5:05-cv-03649-JW Document346 Filed09/14/09 Page3 of 12 1 fully, finally, and forever released the Representative Plaintiffs from all claims that Google has or may 2 have against them, their affiliates, employees, or members as of February 28, 2009. 3 4 8. All Members of the Class are hereby forever barred and enjoined from prosecuting the Released Claims against Google. 5 9. Upon this Final Judgment becoming final, Google shall be deemed to have, and by 6 7 operation of this Final Judgment shall have fully, finally and forever released, relinquished and 8 discharged each and all of Representative Plaintiffs, Class Members, and Representative Plaintiffs’ 9 Counsel from all claims — known and unknown — arising out of, relating to, or in connection with 10 the institution, prosecution, assertion, settlement or resolution of the Action or the Released Claims. 11 12 10. As set forth in the Court’s prior Order, the notice given to the Class was the best notice practicable under the circumstances of these proceedings and of the matters set forth therein, including 13 14 15 16 17 18 19 20 the certification of the Class, and the proposed settlement set forth in the Agreement to all persons entitled to such notice, and said notice fully satisfied the requirements of Federal Rules of Civil Procedure 23 and due process. 11. Neither the Agreement nor the terms of the settlement set forth therein, nor any act performed or document executed pursuant to or in furtherance of the Agreement or the settlement: (i) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claim, or of any wrongdoing or liability of Google, or (ii) is or may be deemed to be or may 21 22 be used as an admission of, or evidence of, any fault or omission of Google in any civil, criminal or 23 administrative proceeding in any court, administrative agency or other tribunal, except in a proceeding 24 to approve, enforce, or otherwise effectuate the settlement set forth in the Agreement (or any 25 agreement or order relating thereto). Google may file the Agreement and the Final Judgment entered 26 thereon in any other action that may be brought against it in order to support a defense or counterclaim 27 28 3 [PROPOSED] FINAL JUDGMENT 964984v1/010480 Case5:05-cv-03649-JW Document346 Filed09/14/09 Page4 of 12 1 based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or 2 reduction or any theory of claim preclusion or issue preclusion or similar defense or counterclaim. 3 4 12. The Court finds that each party to the Action, together with their respective counsel, have complied throughout the Action with the requirements of Rule 11(b) of the Federal Rules of Civil 5 Procedure. 6 7 13. In the event that the settlement set forth in the Agreement does not become effective in 8 accordance with the terms of the Final Agreement, then this Judgment shall be rendered null and void 9 to the extent provided by and in accordance with the terms of the Agreement and shall be vacated, and 10 in such event, all releases delivered or given in connection herewith shall be null and void to the extent 11 12 provided by and in accordance with the terms of the Agreement. 14. Without affecting the finality of this Final Judgment in any way, this Court hereby 13 14 15 16 17 18 retains continuing jurisdiction over the Settlement Proceeds and the Parties for purposes of (a) implementing and effectuating the Agreement; and (b) construing, enforcing and administering the Agreement, including the distribution of the Settlement Proceeds to Authorized Claimants. The Clerk shall close this file. Dated: ___________________, 2009 September 14, 2009 19 ____________________________________ James W. Ware JAMES WARE UNITED STATES DISTRICT JUDGE United States District Judge 20 21 22 23 24 25 26 27 28 4 [PROPOSED] FINAL JUDGMENT 964984v1/010480 Case5:05-cv-03649-JW Document346 Filed09/14/09 Page5 of 12 EXHIBIT A Case5:05-cv-03649-JW Document346 Filed09/14/09 Page6 of 12 Name/Company Joy A. Reed Class Member YES GilardiClassID GGLE117638763 Notes No Account Number; No Dates Date Reiceived On or Before July 14, 2009 Greg Smith c/o Cheri P. Smith Melvin-Smith Learning Center of Sacramento YES GGLE119577192 No Account Number; No Dates On or Before July 14, 2009 Etsuko Hasegawa YES GGLE110947965 No Account Number; No Dates On or Before July 14, 2009 Guidance Helicopters YES GGLE118020348 GGLE120333781 On or Before July 14, 2009 Mike Hazard YES GGLE115079988 No Account Number On or Before July 14, 2009 MarketPlace Innovations, LLC Philip E. Landau YES GGLE120622708 Clinical Trials & Surveys Group (C-TASC) Bruce W. Thompson, Chairman PROBABLE MATCH GGLE115403270 No Account Number; No Dates On or Before July 14, 2009 Icksoo Shin MATCHING EMAIL ADDRESS GGLE119951744 No Account Number; No Dates On or Before July 14, 2009 Margaryta Savytska YES GGLE115481360 No Account Number; No Dates On or Before July 14, 2009 Beauty Queen Management Juel Daisi Pollard YES GGLE114033100 No Account Number; No Dates On or Before July 14, 2009 www.GIDogTags4u.com Hiller Engraving YES GGLE117185297 No Account Number; No Dates On or Before July 14, 2009 Brook Advertising & Public Relations Cindy Tannewitz YES GGLE115931374 On or Before July 14, 2009 W.N.McKenna, Ltd dba Gaswatch.info C. Robert Murray, Jr. YES GGLE111548207 On or Before July 14, 2009 Ronald Strickland PROBABLE MATCH GGLE121190631 On or Before July 14, 2009 On or Before July 14, 2009 Case5:05-cv-03649-JW Document346 GilardiClassID Filed09/14/09 Page7 of 12 Name/Company Class Member Notes Engineering Systems Technology, Inc Henry Borja YES GGLE120661487 On or Before July 14, 2009 Kauffman's Fruit Farm and Market Lonnie Kauffman YES GGLE115706702 On or Before July 14, 2009 Gregg Matshushima YES GGLE113002198 On or Before July 14, 2009 Lloyd Standish YES GGLE118587496 On or Before July 14, 2009 Lump Sum Solutions Diane Bennett YES GGLE116191595 On or Before July 14, 2009 Joe Hayes YES GGLE117213592 On or Before July 14, 2009 Oneupweb Lisa Wehr YES GGLE110720898 On or Before July 14, 2009 Tom's Incense Tom L Newlin YES GGLE117303214 Aubri Webb YES GGLE110949240 On or Before July 14, 2009 Salim Ibrahim YES GGLE113086405 On or Before July 14, 2009 The David Law Firm Jonathan David S. Bradley Cooper YES GGLE111096500 On or Before July 14, 2009 Lee Bieker YES GGLE118934706 No Account Number, No Dates Dolores Sweney YES GGLE121468648 No Account Number, No Dates, Claims Accout was Fraudulent On or Before July 14, 2009 Dennis Aaberg YES GGLE120607954 No Email Address No Account Number; No Dates Date Reiceived On or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009 Case5:05-cv-03649-JW Document346 GilardiClassID Filed09/14/09 Page8 of 12 Name/Company Class Member Notes Chronometry Company International Chronometry Astronautics Advanced Robotic Systems Genebank High Security Genetics Richard Ward Custer YES GGLE113040103 On or Before July 14, 2009 MLI Network LLC Robert Baker YES GGLE119364350 On or Before July 14, 2009 International Adoption Center Ann Wrixon Ryan Schwab YES GGLE113574159 GGLE118882501 GGLE119973993 On or Before July 14, 2009 Loysen + Kreuthmeier Karen Loysen Peter Kreuthmeier YES GGLE115334929 No Account Number, No Dates, Claims Accout was Fraudulent On or Before July 14, 2009 MEG Financial Michael Gray Jr. YES GGLE117448484 On or Before July 14, 2009 Garret Bockhorst YES GGLE119792654 On or Before July 14, 2009 International Food And Wine Consultants Inc Mary Beth Clark YES GGLE121030375 On or Before July 14, 2009 Bien C Hernandez Jr YES GGLE119908288 Shepler Billy Hopkins YES GGLE117833949 Roy Huft YES GGLE113080563 Clover Sites, Inc James Elliston Benjamin Rugg YES GGLE116073835 No Account Number Date Reiceived On or Before July 14, 2009 On or Before July 14, 2009 Printed Email. No Signature On or Before July 14, 2009 On or Before July 14, 2009 Case5:05-cv-03649-JW Document346 GilardiClassID Filed09/14/09 Page9 of 12 Name/Company Class Member Notes Date Reiceived AJ Riggins Search Group Bernard B Long YES GGLE110047948 No Account Number, No Dates, No Email Address On or Before July 14, 2009 Family Products, LLC Jim Bilen YES GGLE114376342 On or Before July 14, 2009 Michael O'Connell YES GGLE114330261 On or Before July 14, 2009 Debra Cooley YES GGLE115050947 On or Before July 14, 2009 Juanita Crispens YES GGLE111065788 No Account Number, No Dates, Claims Account was FraudulenOn or Before July 14, 2009 Jill M. Anderson YES GGLE116962702 On or Before July 14, 2009 Federal Tax Resolution LLC Douglas Myser YES GGLE118304508 On or Before July 14, 2009 Ascentive LLC Adam Schran YES MULTIPLE Burgess Sprint Inc dba Excal Michael King YES GGLE119780281 eSurmountable LLC Lonny Meinecke YES GGLE118439039 On or Before July 14, 2009 CF Dominicana Cigars, Inc Dennis Briganti YES GGLE120052723 On or Before July 14, 2009 Cameron Barholomew Gaston Jr. YES GGLE110587535 On or Before July 14, 2009 Gifts of Encouragement, Inc. Marnie Swedberg YES GGLE113791184 No Account Number Ruth Kelsen YES GGLE112330337 No Account Number, No Dates, Claims Account was FraudulenOn or Before July 14, 2009 Appears to be Third Party Account Holder On or Before July 14, 2009 No Account Number On or Before July 14, 2009 On or Before July 14, 2009 Case5:05-cv-03649-JW Document346 Name/Company Class Member Brandon Pulido YES Assistech Special Needs Oliver Simoes GilardiClassID Filed09/14/09 Page10 of 12 Notes Date Reiceived GGLE115466914 No Account Number, No Dates. Sent by fax. On or Before July 14, 2009 YES GGLE119979690 No Account Number, No Dates, No Email Address Sent by fax. On or Before July 14, 2009 Cliptomania James R. Santo YES GGLE119767595 No Account Number, No Dates On or Before July 14, 2009 Michael Rocco YES GGLE113659138 No Dates On or Before July 14, 2009 Metzler / Payden Vlad Milev Edward Garlock, Esq. YES GGLE119591446 No Account Number On or Before July 14, 2009 Savin Kent YES GGLE110334343 No Account Number, No Dates On or Before July 14, 2009 Lawrence W. Brooks YES GGLE114097354 No Account Number. No Dates. Identifies himself as a reseller. On or Before July 14, 2009 Wildcat Technology Solutions Joseph Messina YES GGLE1-1031020-7 No Account Number, No Dates Multiple Emails. One Active. On or Before July 14, 2009 Orsus E Stewart Ashford YES GGLE116938240 Received July 15, 2009 July 15, 2009 Orcas Hotel Larua Tidwell YES GGLE116590490 GGLE119094507 No Account Number, No Dates. Sent by fax. Received July 15, 2009 July 15, 2009 Glenda Bartolome YES GGLE1-1746506-0 ID# 687-255-0388, No Dates Received July 16, 2009 July 16, 2009 Case5:05-cv-03649-JW Document346 Name/Company Class Member HostRocket.com John Reyes Brendan Brader YES Brittany Smuts YES Total Received by Mail as of July 14, 2009: 61 Total Received by Mail: 66 GilardiClassID Filed09/14/09 Page11 of 12 Notes Date Reiceived 11 Account Numbers with Dates Received July 16, 2009 July 16, 2009 GGLE1-1263678-9 No Account Number, No Dates Received July 20, 2009 July 20, 2009 Case5:05-cv-03649-JW Document346 Filed09/14/09 Page12 of 12 EXCLUSIONS SENT VIA EMAIL Name/Company sh@bedgetac.com Shane Class Member There is a matching Email Address GilardiClassID GGLE112527386 Notes Sent via email. No Account Number, No Dates, No Signature Received June 11, 2009 Kemper Brothers Holding Oliver Kemper YES GGLE115825876 Sent via email. No Account Number, No Dates, No Signature June 17, 2009 Tim Alexander Unable to verify Sent via email. No Account Number, No Dates, No Signature June 17, 2009 Robert Porterfield YES June 27, 2009 Cathy Clark Unable to verify Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Claims Account was Fradulent Rosemary Jones YES GGLE1-1070865-0 Sent via email. No Account Number, No Dates, No Signature June 30, 2009 Shelley Hernandez YES GGLE1-1809322-1 Sent via email. No Account Number, No Dates, No Signature July 3, 2009 Brandon Pulido YES GGLE1-1546691-4 Sent via email. No Account Number, No Dates, No Signature June 30, 2009 Mikalai Christiakou YES GGLE1-1312466-8 Sent via email. No Account Number, No Dates, No Signature June 27, 2009 Steven P. Hurtado YES GGLE1-2117760-0 Sent via email. No Account Number, No Dates, No Signature July 11, 2009 Laura Tidwell Orcas Hotel YES GGLE1-1659049-0 GGLE1-1909450-7 Sent via email. No Account Number, No Dates, No Signature July 14, 2009 adwords.google@rchv.com Email Match - Kelly Chien GGLE1-1519599-6 Sent via email. No Account Number, No Dates, No Signature June 16, 2009 John Romanoff Unable to Verify Sent via email. No Account Number, No Dates, No Signature July 2, 2009 Vicki Lowe YES GGLE1-1821285-9 Sent via email. No Account Number, No Dates, No Signature July 7, 2009 Simon Sullivan YES GGLE1-1212193-2 Sent via email. No Account Number, No Dates, No Signature July 22, 2009 Total Timely Requests Sent Via Email: 14 Total Late Requests Sent Via Email: 1 Multiple Names w/No Address GGLE1-1800657-4 June 30, 2009
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