MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation, No. 3:2007cv05944 - Document 4416 (N.D. Cal. 2016)
Court Description: FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANTS THOMSON SA (NOW KNOWN AS TECHNICOLOR SA) AND THOMSON CONSUMER ELECTRONICS, INC. (NOW KNOWN AS TECHNICOLOR USA, INC.) re (4091 in 3:07-cv-05944-JST) filed by Direct Purchaser Plaintiffs. Signed by Judge Jon S. Tigar on February 22, 2016. (wsn, COURT STAFF) (Filed on 2/22/2016)
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MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation Doc. 4416 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 IN RE: CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION ____________________________________ This Document Relates to: Crago, d/b/a Dash Computers, Inc., et al. v. Mitsubishi Electric Corporation, et al., Case No. 14-CV-2058 (SC). Master File No. CV- 07-5944-SC JST MDL No. 1917 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANTS THOMSON SA (NOW KNOWN AS TECHNICOLOR SA) AND THOMSON CONSUMER ELECTRONICS, INC. (NOW KNOWN AS TECHNICOLOR USA, INC.) 19 20 21 22 23 24 25 26 27 28 FINAL JUDGEMENT OF DISMISSAL WITH PREJUDICE AS TO THOMSON; Master File No. CV-07-5944-SC Dockets.Justia.com 1 This matter has come before the Court to determine whether there is any cause why this 2 Court should not approve the settlement with Defendants Thomson SA (now known as Technicolor 3 SA) and Thomson Consumer Electronics, Inc. (now known as Technicolor USA, Inc.) (collectively 4 “Thomson”) set forth in the Settlement Agreement (“Agreement”), dated February 6, 2015, relating 5 to the above-captioned litigation. The Court, after carefully considering all papers filed and 6 proceedings held herein and otherwise being fully informed in the premises, has determined (1) 7 that the Settlement should be approved, and (2) that there is no just reason for delay of the entry of 8 this Final Judgment approving this Agreement. Accordingly, the Court directs entry of Judgment 9 which shall constitute a final adjudication of this case on the merits as to the parties to the 10 Agreement. Good cause appearing therefor, it is: 11 ORDERED, ADJUDGED AND DECREED THAT: 12 1. The Court has jurisdiction over the subject matter of this litigation, and all actions 13 within this litigation and over the parties to the Agreement, including all members of the Class and 14 Defendants. 15 16 17 2. The definitions of terms set forth in the Agreement are incorporated hereby as though fully set forth in this Judgment. 3. The Court hereby finally approves and confirms the settlement set forth in the 18 Agreement and finds that said settlement is, in all respects, fair, reasonable and adequate to the 19 Class pursuant to Rule 23 of the Federal Rules of Civil Procedure. 20 4. Those persons/entities identified on Exhibit D to the Declaration of Ross Murray in 21 Support of Final Approval of Class Action Settlements filed on October 2, 2015, who/which have 22 submitted timely requests for exclusion have validly requested exclusion from the Class and, 23 therefore, are excluded. Such persons/entities are not included in or bound by this Final Judgment. 24 Such persons/entities are not entitled to any recovery of the settlement proceeds obtained through 25 this settlement. 26 27 5. This Court hereby dismisses on the merits and with prejudice the Class Action in favor of Thomson, with each party to bear their own costs and attorneys’ fees. 28 1 FINAL JUDGEMENT OF DISMISSAL WITH PREJUDICE AS TO THOMSON; Master File No. CV-07-5944-SC 1 6. All persons and entities who are Releasors are hereby barred and enjoined from 2 commencing, prosecuting or continuing, either directly or indirectly, against the Thomson 3 Releasees, in this or any other jurisdiction, any and all claims, causes of action or lawsuits, which 4 they had, have, or in the future may have, arising out of or related to any of the Released Claims as 5 defined in the Agreement. 6 7. The Thomson Releasees, are hereby and forever released and discharged with 7 respect to any and all claims or causes of action which the Releasors had or have arising out of or 8 related to any of the settled claims as defined in the Agreement. 9 8. Without affecting the finality of this Judgment in any way, this Court hereby retains 10 continuing jurisdiction over: (a) implementation of this settlement and any distribution to Class 11 Members pursuant to further orders of this Court; (b) disposition of the Settlement Fund (c) hearing 12 and determining applications by plaintiffs for attorneys’ fees, costs, expenses, and interest; (d) the 13 Action until the Final Judgment contemplated hereby has become effective and each and every act 14 agreed to be performed by the parties all have been performed pursuant to the Agreement; (e) 15 hearing and ruling on any matters relating to the plan of allocation of settlement proceeds; and (f) 16 all parties to the Action and Releasors, for the purpose of enforcing and administering the 17 Agreement and the mutual releases and other documents contemplated by, or executed in 18 connection with the Agreement. 19 9. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil 20 Procedure, that this Final Judgment should be entered and further finds that there is no just reason 21 for delay in the entry of this Judgment, as a Final Judgment, as to the parties to the Agreement. 22 Accordingly, the Clerk is hereby directed to enter Judgment forthwith. R NIA ________________________________ Ti ga r Hon.udge Jon S. Samuel Conti J United States District Judge RT 28 Dated: _____________________ February 22, 2016 H 2 ER A 27 FO 26 DERED SO OR IT IS LI 25 UNIT ED IT IS SO ORDERED. NO 24 S DISTRICT TE C TA RT U O S 23 C N FINAL JUDGEMENT OF DISMISSAL WITH PREJUDICE AS TO THOMSON; MasterF No. CV-07-5944-SC O File D IS T IC T R
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