Collins v. GameStop Corp. et al

Filing 121

ORDER by Judge Thelton E. Henderson granting 116 Motion for attorneys' fees and 118 Motion for final approval of class action settlement. (tehlc3, COURT STAFF) (Filed on 9/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES COLLINS, et al.,

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Plaintiffs,

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v.
GAMESTOP CORP., et al.,

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Defendants.

NO. C10-1210 TEH
ORDER GRANTING MOTION
FOR FINAL APPROVAL OF
CLASS ACTION SETTLEMENT;
ORDER GRANTING
PLAINTIFFS’ MOTION FOR
ATTORNEYS’ FEES AND
COSTS; AND JUDGMENT

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For the Northern District of California

United States District Court

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This matter came before the Court on September 17, 2012, on Plaintiffs’ unopposed

12 motions for final approval of the class action settlement agreement (“Agreement”) filed with
13 the Court on February 24, 2012, as Exhibit 1 to the Declaration of Mark Pifko, and for
14 attorneys’ fees and costs. The Agreement is incorporated herein by reference, including the
15 adoption of defined terms. The Court has: (1) previously granted preliminary approval of the
16 Agreement; (2) been informed by declaration that notice of the settlement has been given to
17 the Class (as defined below); (3) held a final fairness hearing at which all Parties appeared by
18 their counsel and at which the Court provided class members with an opportunity to object to
19 the Agreement, but at which no class members appeared to object; (4) received and reviewed
20 briefing and evidence as to why the proposed settlement is fair, adequate, and in the best
21 interests of the represented class; and (5) considered all other arguments and submissions in
22 connection with the proposed settlement.
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With good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND

24 DECREED as follows:
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1.

All terms used herein shall have the same meaning as defined in the

26 Agreement.
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2.

This Court has jurisdiction over the subject matter of this litigation and over the

28 Parties to this litigation, including all class members.

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3.

The Court certifies for settlement purposes a class of all California residents

2 who purchased a used video game from GameStop from March 23, 2006, to April 9, 2012,
3 that offered free downloadable content to purchasers of a new copy of the game and such
4 downloadable content was not available to used game purchasers without additional
5 payment. Excluded from the Class are: (i) any judicial officer presiding over the Litigation
6 and the members of his/her immediate family and judicial staff; and (ii) any person who
7 timely opted out of the Settlement Class.
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4.

The Court appoints Plaintiffs James Collins, Matthew Proctor, and Danoby

9 Ortiz as Class Representatives.
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The Court appoints Baron & Budd P.C. and Initiative Legal Group APC as

11 Class Counsel.
For the Northern District of California

United States District Court

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6.

The distribution of the Class Notice to the Class as set forth in the Agreement

13 has been completed in conformity with the April 9, 2012 Preliminary Approval Order. The
14 Class Notice provided adequate notice of the proceedings and about the case, including the
15 proposed settlement terms as set forth in the Agreement. The Class Notice fully satisfied due
16 process requirements. As executed, the Class Notice was the best notice practicable under
17 the circumstances.
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7.

The Court hereby approves the terms set forth in the Agreement and finds that

19 the Agreement is fair, adequate, and reasonable and directs the Parties to effectuate the
20 Agreement according to its terms. The Court finds that the Agreement has been reached as a
21 result of informed and non-collusive arm’s-length negotiations.
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The Court also finds that settlement now will avoid additional and potentially

23 substantial litigation costs, as well as delay and risks if the Parties were to continue to litigate
24 the case.
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9.

The Agreement is not an admission by Defendants or by any other released

26 party, nor is this order a finding of the validity of any allegations or of any wrongdoing by
27 Defendants or any other released party. Neither this order, the Agreement, nor any document
28 referred to herein, nor any action taken to carry out the Agreement, may be construed as, or
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1 may be used as, an admission of any fault, wrongdoing, omission, concession, or liability
2 whatsoever by or against Defendants or any of the other released parties.
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10.

The Court awards Plaintiffs James Collins, Matthew Proctor, and Danoby Ortiz

4 $2000 each for their services to the Class. The Court finds that these amounts are fair and
5 reasonable in light of Plaintiffs’ contributions to the litigation.
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11.

The Court grants Plaintiffs’ unopposed motion for $250,000 in attorneys’ fees

7 and costs as within the range of reasonable fees and costs.
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12.

All Class Members were given a full and fair opportunity to participate in the

9 Approval Hearing, and all members of the Settlement Class wishing to be heard have been

11 themselves from the proposed settlement and the class. Accordingly, the terms of the
For the Northern District of California

United States District Court

10 heard. Members of the Settlement Class also have had a full and fair opportunity to exclude

12 Agreement and this order shall bind members of the Class who did not timely exclude
13 themselves. To effectuate the Settlement, the Court hereby orders that all Class Members
14 who did not timely exclude themselves from the Settlement are barred, enjoined, and
15 restrained from commencing, prosecuting, or asserting any released claim against any
16 released party.
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13.

The Court retains jurisdiction over the Parties to enforce the terms of this order

18 and judgment, and shall have continuing jurisdiction over the construction, interpretation,
19 implementation, and enforcement of the Agreement in accordance with its terms.
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21 IT IS SO ORDERED.
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23 Dated: 09/17/12
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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