CLRB Hanson Industries, LLC et al v. Google Inc., No. 5:2005cv03649 - Document 339 (N.D. Cal. 2009)
Court Description: Attachment 1NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF CLASS ACTION CERTIFICATION AND SETTLEMENT filed by CLRB Hanson Industries, LLC, Howard Stern. Motion Hearing set for 9/14/2009 09:00 AM. (Attachments: # 1 Exhibit 1 to Motion, # 2 Proposed Final Judgment, # 3 Exhibit A to Proposed Final Judgment)(Black, Rachel) (Filed on 8/24/2009) Modified on 8/25/2009 (cv, COURT STAFF).
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CLRB Hanson Industries, LLC et al v. Google Inc. Doc. 339 Att. 1 Case5:05-cv-03649-JW Document339-2 Filed08/24/09 Page1 of 4 1 2 3 4 5 6 7 8 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 [PROPOSED] FINAL JUDGMENT Plaintiffs, 15 16 Case No. C 05-03649 JW PVT Hearing: Time: Dept.: Judge: vs. GOOGLE, INC., 17 September 14, 2009 9:00 a.m. Courtroom 8 Hon. James W. Ware Defendant. 18 19 20 This matter came before the Court for hearing on the application of the Parties for approval of the settlement set forth in the Settlement Agreement and Release (“Agreement”), dated as of March 21 17, 2009. Due and adequate notice having been given to the Class as required by prior Order of this 22 23 24 Court, and the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefor, 25 NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 26 1. The Court, for purposes of this Order, adopts the definitions set forth in the Agreement. 27 28 1 [PROPOSED] FINAL JUDGMENT 964984v1/010480 Dockets.Justia.com Case5:05-cv-03649-JW Document339-2 1 2 3 4 2. Filed08/24/09 Page2 of 4 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 Document339-2 Filed08/24/09 Page3 of 4 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 Document339-2 Filed08/24/09 Page4 of 4 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 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. 17 18 Dated: ___________________, 2009 19 ____________________________________ James W. Ware UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 4 [PROPOSED] FINAL JUDGMENT 964984v1/010480
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