Rupa Marya v. Warner Chappell Music Inc

Filing 322

NOTICE OF MOTION AND MOTION for Settlement Approval of Proposed Class Action Settlement Plaintiffs' Notice of Motion and Motion for Final Approval of Proposed Class Action Settlement; Memorandum of Points and Authorities in Support Thereof filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. Motion set for hearing on 6/27/2016 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration of Norman Swett, # 2 Proposed Order) (Manifold, Betsy)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,

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Plaintiffs,
v.

Lead Case No. CV 13-04460-GHK
(MRWx)
[PROPOSED] FINAL ORDER AND
JUDGMENT

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WARNER/CHAPPELL MUSIC, INC.,
et al.,

Judge:

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Defendants.

Hon. George H. King,
Chief
Judge

Courtroom: 650

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Pending before the Court is Plaintiffs’ Motion for Final Approval of Class

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Action Settlement. Plaintiffs have asked the Court to: (a) confirm certification of the

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Settlement Class for settlement purposes only; (b) overrule any objections to the

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Settlement; and (c) enter a Final Order and Judgment approving the Settlement. The

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Court has jurisdiction over the subject matter of the Action and over all Parties to the

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Action, including all Settlement Class Members. Due and adequate notice having been

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given to the Settlement Class pursuant to the Preliminary Approval Order, and the

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Court having considered all papers filed and proceedings had herein and otherwise

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[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)

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being fully informed in the premises, IT IS HEREBY ORDERED that the Settlement

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is approved as fair, reasonable, and adequate.

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1.

This Final Order and Judgment (“Judgment”) incorporates by reference

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the definitions in the Settlement Agreement, and all capitalized terms used herein shall

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have the same meanings as set forth therein.

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2.

Pursuant to Federal Rule of Civil Procedure 23, the Court certifies, for

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purposes of the Settlement only, Settlement Class as defined in the Settlement

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Agreement and in the Preliminary Approval Order. The Persons who timely submitted

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valid requests for exclusion from the Settlement Class, as listed on Exhibit 1 hereto, are

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hereby excluded from the Settlement Class.
3.

For the purposes of settlement only, the Court finds that the prerequisites

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for a class action under Rules 23(a) and (b)(3) have been satisfied in that: (a) the

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members of the Settlement Class are so numerous that joinder of all Settlement Class

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Members in the class action is impracticable; (b) there are questions of law and fact

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common to the Class that predominate over any individual question; (c) Plaintiffs’

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claims are typical of the claims of the Settlement Class; (d) Plaintiffs and Class

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Counsel have fairly and adequately represented and protected the interests of

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Settlement Class Members; and (e) a class action is superior to other available methods

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for the fair and efficient adjudication of the controversy, considering: (i) the extent and

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nature of any litigation concerning the controversy already commenced by Settlement

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Class Members; (ii) the interests of the Settlement Class Members in individually

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controlling the prosecution of separate actions; (iii) the desirability or undesirability of

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concentrating the litigation of these claims in this particular forum; and (iv) the

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difficulties likely to be encountered in the management of the class action.

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4.

Pursuant to Rule 23, the Court finds that the Settlement Agreement and

Settlement are fair, reasonable, and adequate as the Parties and the Settlement Class

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[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)

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Members, and that the Settlement Agreement and Settlement are hereby finally

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approved in all respects.

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Accordingly, the Court authorizes and directs implementation of all the

terms and provisions of the Settlement Agreement.
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The Court hereby declares that, as of the Final Settlement Date, the Song

will be in the public domain.
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The Court hereby dismisses with prejudice the Action and all claims

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contained therein and all of the Released Claims as against the Released Parties, except

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as and to the extent provided in the Settlement Agreement and herein.

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8.

Upon the Final Settlement Date, and as provided in the Settlement

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Agreement, Plaintiffs, each and all of the Settlement Class Members (other than those

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listed on Exhibit 1)—and with respect to the Released Claims released between

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Defendants and Intervenors, all of the Released Parties—and anyone claiming through

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or on behalf of any of them, including but not limited to all of the their present, former,

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and future licensees with respect to the Song (including, without limitation, any

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blanket licensee or subscriber of a Settlement Class Member), heirs, executors,

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administrators,

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predecessors-in-interest, successors, successors-in-interest, assigns, and legatees; and

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to the extent a Settlement Class Member is not an individual, all of its present, former,

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and future licensees with respect to the Song (including, without limitation, any

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blanket licensee or subscriber of a Settlement Class Member), direct and indirect

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parent companies, Affiliates, subsidiaries, divisions, agents, franchisees, successors,

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successors-in-interest, predecessors, and predecessors-in-interest, shall be deemed to

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have, and by operation of this Judgment shall have, fully, finally, and forever waived,

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remised, released, relinquished, and discharged all Released Claims (including,

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without limitation, Unknown Claims) against the Released Parties, regardless of

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whether such Settlement Class Member executes and delivers the Claim Form.

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representatives,

agents,

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attorneys,

partners,

predecessors,

[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)

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9.

Upon the Final Settlement Date, Plaintiffs, each and all of the Settlement

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Class Members (other than those listed on Exhibit 1) —and with respect to the

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Released Claims released between Defendants and Intervenors, all of the Released

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Parties—and anyone claiming through or on behalf of any of them, including but not

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limited to all of the their present, former, and future licensees with respect to the Song

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(including, without limitation, any blanket licensee or subscriber of a Settlement Class

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Member), heirs, executors, administrators, representatives, agents, attorneys, partners,

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predecessors, predecessors-in-interest, successors, successors-in-interest, assigns, and

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legatees; and to the extent a Settlement Class Member is not an individual, all of its

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present, former, and future licensees with respect to the Song (including, without

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limitation, any blanket licensee or subscriber of a Settlement Class Member), direct

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and indirect parent companies, Affiliates, subsidiaries, divisions, agents, franchisees,

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successors, successors-in-interest, predecessors, and predecessors-in-interest, shall be

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deemed to be, and by operation of this Judgment, shall be, permanently barred and

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enjoined from asserting, instituting, maintaining, prosecuting, or enforcing, in any

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court of law or equity, arbitration, tribunal, administrative forum, or other forum of any

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kind (whether within the United States or not), any and all Released Claims (including,

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without limitation, Unknown Claims) against any of the Released Parties – regardless

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of whether such Settlement Class Member executes and delivers the Claim Form – as

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well as any claims arising out of, relating to, or in connection with, the defense,

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settlement, or resolution of the Action or the Released Claims against the Released

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Parties, Plaintiffs, or Class Counsel, except for claims relating to the enforcement of

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the Settlement, or any confidentiality agreement to which the Parties have entered or

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may enter into in connection with the Action.

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10.

The notice given to the Class in accordance with the Preliminary

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Approval Order was the best notice practicable under the circumstances to all Persons

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entitled to such notice, including the individual notice to all Settlement Class Members

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[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)

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whose names and addresses could be identified by Defendants through reasonable

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means. Said notice fully satisfied the requirements of Rule 23, the requirements of due

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process, and the requirement of the Class Action Fairness Act of 2005, 28 U.S.C.

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§ 1715, and all other applicable law and rules.

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Defendants and Intervenors deny any wrongdoing whatsoever, and this

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Judgment shall in no event be construed or deemed to be evidence of, or an admission

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or concession on the part of any Defendant or Intervenor with respect to any claim of,

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any fault or liability or wrongdoing or damage whatsoever, or any infirmity in the

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defenses that any Defendant or Intervenor has asserted or could assert in the Action or

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any other action.

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12.

Neither the Settlement Agreement nor any of its terms or provisions, nor

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any of the negotiations, discussions, proceedings connected with it, nor any act

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performed or document executed pursuant to or in furtherance of the Agreement or the

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Settlement: (a) is or may be deemed to be or may be used as an admission of, or

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evidence of, the validity of any of the allegations in the Action or of the validity of any

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Released Claim, or of any wrongdoing or liability of the Released Parties; or (b) is or

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may be deemed to be or may be used as an admission of, or evidence of, any fault or

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omission of any of the Released Parties in any civil, criminal, or administrative

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proceeding in any court, arbitration proceeding, administrative agency, or forum or

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tribunal in which the Released Parties are or become parties; or (c) is or may be

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deemed to be or may be used as an admission or evidence that any claims asserted by

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Plaintiff were not valid or that the amount recoverable was not greater than the

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Settlement Amount, in any civil, criminal, or administrative proceeding in any court,

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administrative agency, or other tribunal.

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13.

The Released Parties, Plaintiffs, Settlement Class Members, and their

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respective counsel may file the Settlement Agreement or this Judgment in any action

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that may be brought against them in order to support a defense or counterclaim based

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[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)

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on principles of res judicata, collateral estoppel, release, good faith settlement,

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judgment bar or reduction or any other theory of claim preclusion or issue preclusion

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or similar defense or counterclaim. The Parties may file the Settlement Agreement or

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this Judgment in any proceedings that may be necessary to consummate or enforce the

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Agreement, the Settlement, or this Judgment.

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14.

Without affecting the finality of this Judgment in any way, this Court

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hereby retains continuing exclusive jurisdiction over: (a) implementation of this

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Settlement and any award or distribution of the Settlement Fund, including interest

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earned thereon; (b) disposition of the Settlement Fund; (c) disposition of the Fee and

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Expense Award and the Incentive Awards in the Action; and (d) all Parties hereto for

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the purpose of construing, enforcing, and administering the Settlement Agreement.

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15.

The Court hereby directs that the first $100,000 of Settlement Notice and

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Administration Expenses shall be paid out of the Settlement Fund without further order

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of the Court in accordance with Sections 1.52 and 5.3 of the Settlement Agreement.

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16.

Class Counsel are awarded the sum of $__________ in Fees and

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Expenses, consisting of $__________ in attorneys’ fees and $__________ in expenses,

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to be allocated by Lead Class Counsel in the manner provided for in the Settlement

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Agreement. Defendants shall pay such amounts (or the amounts provided for in the

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Settlement Agreement, if Defendants appeal this award) to Lead Class Counsel within

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five (5) days of the Final Settlement Date in the manner provided for in the Settlement

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Agreement.

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17.

The Court hereby approves the Incentive Awards, and grants $15,000 as

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incentive compensation to Plaintiff GMTY and $10,000 each to Plaintiffs Siegel,

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Marya, and Majar. The Court further directs that Defendants shall, within five (5) days

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after the Final Settlement Date, pay such amounts to Plaintiffs in the manner provided

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for in the Settlement Agreement.

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[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)

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18.

It is not a condition of the Settlement that any Fee and Expense Award or

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Incentive Award be approved by the Court. Any order or proceeding relating to the

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amount of any Fee and Expense Award or Incentive Award, or any appeal from or

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reversal or modification thereof, shall not operate to modify, terminate or cancel the

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Settlement, or affect or delay the Judgment.

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19.

Defendants shall, within ten (10) days after the Final Settlement Date,

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cause to be paid into the Escrow Account the remaining portion of the Settlement Fund

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as necessary to pay Authorized Claims (pursuant to Section 3 (and all subparts thereof)

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of the Settlement Agreement), outstanding Settlement Administration and Notice

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Expenses, Taxes, and Tax Expenses.

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Administration and Notice Expenses beyond $100,000, Defendants shall pay the

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Settlement Administrator directly (on terms that are agreed upon by Defendants and

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the Settlement Administrator) without further order of the Court.

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20.

To the extent that there are Settlement

The Court finds that during the course of the Action, the Parties and their

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respective counsel at all times complied with the requirements of Federal Rule of Civil

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Procedure 11.

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21.

In the event that the Settlement does not become effective in accordance

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with the terms of the Settlement Agreement, or the Final Settlement Date does not

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occur, then: (a) the Settlement Agreement, this Judgment (including but not limited to

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the certification of the Settlement Class, the appointment of Plaintiffs as Class

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Representatives, and the appointment of Class Counsel) shall be vacated and shall be

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null and void, shall have no further force and effect with respect to any Party in this

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Action, and shall not be used in this Action or in any other proceeding for any purpose;

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(b) this action will revert to the status that existed before the Settlement Agreement’s

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execution date; (c)(i) no term or draft of the Settlement Agreement, (ii) nor any part of

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the Parties’ settlement discussions, negotiations, or documentation (including any

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declaration or brief filed in support of the motion for preliminary approval or motion

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[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)

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for final approval), (iii) nor any rulings regarding class certification for settlement

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purposes (including the Preliminary Approval Order and this Judgment), will have any

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effect or be admissible into evidence for any purpose in the Action or any other

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proceeding.
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the provisions of the Settlement Agreement without further order of the Court.
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The Parties may agree to reasonable extensions of time to carry out any of

The Court directs immediate entry of this Judgment by the Clerk of the

Court.
IT IS SO ORDERED.
DATED:

Honorable George H. King
Chief United States District Judge

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[PROPOSED] FINAL ORDER AND JUDGMENT
CASE NO. CV 13-04460-GHK (MRWX)