Maldonado et al v. Apple, Inc et al, No. 3:2016cv04067 - Document 340 (N.D. Cal. 2022)
Court Description: ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AWARDING ATTORNEYS FEES, COSTS, AND SERVICE AWARDS. Signed by Judge William H. Orrick on 04/29/2022. (jmd, COURT STAFF) (Filed on 4/29/2022)
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Maldonado et al v. Apple, Inc et al Doc. 340 Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 1 of 8 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VICKY MALDONADO, et al., Plaintiffs, 8 v. 9 10 APPLE, INC, et al., Defendants. 11 United States District Court Northern District of California Case No. 3:16-cv-04067-WHO ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AWARDING ATTORNEY’S FEES, COSTS, AND SERVICE AWARDS Re: Dkt. Nos. 332, 335 12 13 This matter comes before the Court to determine whether to approve Plaintiffs Vicky 14 Maldonado and Justin Carter’s settlement with Defendants Apple Inc., AppleCare Service 15 Company, Inc., and Apple CSC, Inc. and Plaintiffs’ Plan of Allocation. The Court, having 16 reviewed Plaintiffs’ Motion for Final Approval of Settlement (“Motion”), Plaintiffs’ Motion for 17 Attorneys’ Fees, Costs, and Class Representative Incentive Awards, the Settlement Agreement, 18 the pleadings and other papers on file in this action, and the statements of counsel and the parties, 19 including at the Fairness Hearing, hereby finds that the Settlement and Plan of Allocation should 20 be approved. Accordingly, the Court enters this Order of Final Approval. 21 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 22 1. The Court has jurisdiction over the subject matter of this litigation, and all actions 23 within this litigation (collectively, the “Action”) and over the parties to the Settlement Agreement, 24 including all members of the Certified Class and Defendants. 25 2. For purposes of this Order, except as otherwise set forth herein, the Court 26 incorporates the definitions contained in the Settlement Agreement. Berman Final App. Decl., Ex. 27 A, Settlement Agreement (ECF No. 321-1). The Court hereby finally approves and confirms the 28 settlement set forth in the Settlement Agreement, and finds that said settlement is fair, reasonable, Dockets.Justia.com Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 2 of 8 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 and adequate to the Settlement Class under Rule 23 of the Federal Rules of Civil Procedure. 3. The following “Certified Class” was previously certified pursuant to Rule 23 of the Federal Rules of Civil Procedure: All individuals who purchased AppleCare or AppleCare+, either directly or through the iPhone Upgrade Program, on or after July 20, 2012, and received a remanufactured replacement Device. 4. The Class period cutoff date is September 30, 2021. 5. Pursuant to Federal Rule of Civil Procedure 23(g), the Court previously appointed Hagens Berman Sobol Shapiro, LLP as Class Counsel, and the named Plaintiffs, Vicky Maldonado and Justin Carter, as the Class Representatives on behalf of the Certified Class. 6. Plaintiffs’ notice of the Class Settlement to the Certified Class was the best notice practicable under the circumstances. The notice satisfied due process and provided adequate information to the Certified Class of all matters relating to the Class Settlement, and fully satisfied the requirements of Federal Rules of Civil Procedure 23(c)(2) and (e)(1). 7. 153 members of the Certified Class timely and validly requested exclusion from the Certified Class, and are excluded from those Certified Class identified. These persons are reflected in the attached Exhibit A to this order. Such persons are not included in or bound by this Order as it relates to the specific settlement for which they opted-out. Such persons are not entitled to any recovery of the settlement proceeds obtained through the Class Settlement. 8. No valid objections were filed regarding the Class Settlement. 9. The Court finds that Plaintiffs’ proposed Plan of Allocation, proposing to pay Settlement Class members an equal amount per remanufactured replacement device they received, is fair, reasonable, and adequate. Noll v. eBay, Inc., 309 F.R.D. 593, 601, 607 (N.D. Cal. 2015). The Plan of Allocation does not unfairly favor any Class member, or group of Class members, to the detriment of others. 10. The Court awards to Class Counsel: a. Costs in the amount of $1,397,165.53; and b. Attorneys’ Fees in the amount of $26,876,027.50. 28 2 Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 3 of 8 1 11. 2 a. An incentive award to Vicky Maldonado in the amount of $15,000; and 3 b. An incentive award to Justin Carter in the amount of $12,500. 4 5 12. 7 Without affecting the finality of this Order in any way, this Court hereby retains continuing jurisdiction over: a. 6 United States District Court Northern District of California The Court awards to Class Representatives: implementation of this settlement and any distribution to members of the Class pursuant to further orders of this Court; 8 b. disposition of the Settlement Fund; 9 c. determining attorneys’ fees, costs, expenses, and interest; 10 d. the Action until Final Judgment contemplated hereby has become effective 11 and each and every act agreed to be performed by the parties all have been performed 12 pursuant to the Settlement Agreement; e. 13 14 hearing and ruling on any matters relating to the plan of allocation of settlement proceeds; and f. 15 all parties to the Action and Releasing Parties, for the purpose of enforcing 16 and administering the Settlement Agreement and the mutual releases and other documents 17 contemplated by, or executed in connection with the Agreement. 18 13. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil 19 Procedure, that Final Judgment of Dismissal with prejudice as to the Defendants (“Judgment”) 20 should be entered forthwith and further finds that there is no just reason for delay in the entry of 21 the Judgment, as Final Judgment, in accordance with the Settlement Agreement. 22 23 IT IS SO ORDERED. Dated: April 29, 2022 24 25 William H. Orrick United States District Judge 26 27 28 3 Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 4 of 8 EXHIBIT A Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 5 of 8 Maldonado v Apple Class Certification Request for Exclusion Report Opt Out Count 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 First Name Joseph Matt Celeste Corinne Robert Richard Khine Nicholas Edward Nv Sharon Rebecca Joanne Colin Brett Robert Besnik Ivalina Joel Patricia Linda Milton Nathan Elizabeth John Erik Susan Liz Gilbert Joan James Middle Name L A H S A A W T J M H Last Name Representative Name Floro Marks Marks Satterfield Evola Kirk Williams Sivo Cho Ga Stubblebine Watkins Colantonio Angel Black Parker Horen Gjoka Chervenkova Elson Macha Mitchell Carlson Grubb Guerra Queeney Potter Mardos Rab Peck Eident Thessin Nevada Trucking Paul J. Enos Association 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Business Name Darius Viktor Amanda John Vlad Brenden Zoe Eduardo Daniel Cuauhtemoc Carl Tracey Henry M C M j A Gilder Hristov Bowers Taylor Karpinsky Konnagan de Lellis Cisneros Kocher Hernandez McKinney McCarter Hu Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 6 of 8 Maldonado v Apple Class Certification Request for Exclusion Report 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Carl Stavros Garrett Shlomo Jordan Bruno Derek Ed Joe Gary Brian Shira Erik Damian Jeremy Jared john Victoria steve Janet James Mark Leslie Paul Lisa Kelly Gary Kyros Arthur George Jason Xavier Peaches Josiah David Ivette Samuel Whitney Josselin Martin Denecia Jason Nelly Andrew Aykut Lief Christopher Erik L A H S V E Q C K M B R E P R Zimmerman Filargyropoulos Prehatney Rosenberg McShane Pinotti Stutsman Alexander Fritts Hsueh Goodman Goodman Brown Raszewski Abbott Ewing Buckley Raschke peskin Brandt WIlliams Huber Brown Hixson Timm Dakin Strong Porres Prelle Cheuk Schneider Quinones Hood Lewis DeLaune Perez Davies Westerfield Guichard Kuffel Watkins Lecht Unger Liu Zidanoglu Fox Book Allen Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 7 of 8 Maldonado v Apple Class Certification Request for Exclusion Report 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Russ Ed Dustin Andrew Abhishek Alan Timothy Ryan David Lucien Troy Sachin Sebastian Jungwan R C Hatcher Kozerka Reischman Law Bachhan Schwartz Tyson Stavely Hull Dupont Gaul Prakash Lofaro Uhm Cavell Inc Shawn Andrew Paola Gary Corena Andrew Michael Jeremiah MARIA OMAR Emily Dan Albert Wesley Akos Jeremy Steven Africa Sally Ann Joseph Herbert Stiljan Fook Mun Jon konstantinos Christi N L W J J K A H N Takatsu Feaster Yanez Massey Nunez Greenman Oria Schwartz MOREIRA AGUIRRE Mueller Lewis Brigoli Templeton Kokai Goetzinger Palmen Piury Marassi Dewan Vrabel Olschewski Chau Nika Lam Hohol kokkinos Ellwanger John White Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 8 of 8 Maldonado v Apple Settlement Request for Exclusion Report Opt Out Count 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 First Name Cynthia Kathleen Marvin Christian Jaime Julia Alexandra Matthew Kathleen Monica Lauren Bruce Arni Thomas Craig Patricia Saylee Jayson Middle Name B J Last Name Williams Yeaton Kirsner Dulu Burns France Karakozoff Walker Marks Miller Garcia Pena Harrington Sumarlidason Reyes Alvarez Kerr Parab Estrada
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