Fenerjian v. Nong Shim Company, Ltd et al

Filing 398

ORDER GRANTING FINAL APPROVAL TO SETTLEMENT AND FINAL JUDGMENT re All Indirect Purchaser Actions an Samyang Foods Co., Ltd., by Hon. William H. Orrick granting 383 Motion for Settlement. (jmdS, COURT STAFF) (Filed on 8/22/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
In re: Korean Ramen Antitrust Litigation,

Case No. C-13-04115-WHO

THIS DOCUMENT RELATES TO:

ORDER GRANTING FINAL
APPROVAL TO SETTLEMENT AND
FINAL JUDGMENT

All Indirect Purchaser Actions

Indirect Purchaser Plaintiffs, on behalf of themselves and the Indirect Settlement Class
Members and Samyang Foods Co., Ltd. (“Samyang Korea”) entered into a Settlement
Agreement (the “Indirect Settlement Agreement”) to fully and finally resolve the Indirect
Settlement Class’s claims against Samyang Korea and the other Released Parties. On November
10, 2015, the Court entered its Order granting preliminary approval of the proposed settlement
(“Preliminary Approval Order”). On March 23, 2016, the Court entered an Order authorizing the
Indirect Purchaser Plaintiffs to disseminate notice of the settlement, the fairness hearing, and
related matters to the Indirect Settlement Class (the “Notice Order”). Notice was provided to the
Indirect Settlement Class pursuant to the Notice Order and the Court held a fairness hearing on
August 17, 2016.
Having considered Indirect Purchaser Plaintiffs’ Motion for Final Approval of Proposed
Settlement with Defendant Samyang Foods Co., Ltd., oral argument presented at the fairness
hearing, and the complete records and files in this matter,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1.

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

2.

Terms capitalized in this Order and Final Judgment and not otherwise defined

herein have the same meanings as those used in the Indirect Settlement Agreement.
3.

The Notice Order outlined the form and manner by which the Indirect Purchaser

Plaintiffs would provide the Indirect Settlement Class with notice of the settlement, the fairness

hearing, and related matters. The notice program included publication notice, internet search
advertising, paid banner advertising, a press release, a toll free phone line, and posting of the
Notice on the Internet on a website dedicated to this litigation. Proof that publication, and
posting conformed with the Notice Order has been filed with the Court. This notice program
fully complied with Fed. R. Civ. P. 23, and the requirements of due process. It provided due and
adequate notice to the Indirect Settlement Class.
4.

The settlement was attained following an extensive investigation of the facts. It

resulted from vigorous arm’s-length negotiations that were undertaken in good faith by counsel
with significant experience litigating antitrust class actions.
5.

The settlement was entered into by the parties in good faith.

6.

Final approval of the settlement with Samyang Korea is hereby granted pursuant

to Fed. R. Civ. P. 23(e), because it is “fair, reasonable, and adequate” to the Indirect Settlement
Class. In reaching this conclusion, the Court considered the complexity, expense, and likely
duration of the litigation, the Indirect Settlement Class’s reaction to the settlement, and the result
achieved.
7.

The settlement class provisionally certified by Order of this Court in its

Preliminary Approval Order is hereby certified as a settlement class pursuant to Rule 23 of the
Federal Rules of Civil Procedure and is comprised of:

“All individuals and entities that

indirectly purchased Korean Noodles in the United States and its territories including, without
limitation, in the states of California, Florida, Massachusetts, Michigan, New York, and Hawaii,
from one or more Defendants from May 1, 2001 through December 31, 2010. The Indirect
Settlement Class excludes the Defendants, the officers, directors, or employees of any
Defendant; any entity in which any Defendant has a controlling interest; and any parent,
subsidiary, affiliate, legal representatives, heirs, or assigns of any Defendant. The Indirect
Settlement Class also excludes all judicial officers presiding over this Action.” As set forth in
the Indirect Settlement Agreement, “Defendants” means, for purposes of this settlement only,
any one or more of the following: Nong Shim Co., Ltd., Nongshim America, Inc., Ottogi Co.,

Ltd., Ottogi America, Inc., Samyang Foods Co., Ltd., Sam Yang (USA), Inc., Paldo Co., Ltd.,
and Korea Yakult Co. The term “Korean Noodles” means an instant noodle soup product
consisting of dried instant noodles paired with a seasoning packet and dehydrated vegetables,
packaged in a bag (or pouch), cup, or bowl and, for purposes of this Settlement Agreement only,
includes, without limitation, all products described in paragraphs 44, 45, 47, and 51 of the
Indirect Purchaser Plaintiffs’ Amended Consolidated Class Action Complaint, Dkt. 121, filed
December 3, 2014. The Court adopts and incorporates herein all findings made under Rule 23 in
its Preliminary Approval Order.
8.

The Court’s certification of the Indirect Settlement Class as provided herein is

without prejudice to, or waiver of, the rights of any Defendant to contest certification of any
other class proposed in these coordinated actions. The Court’s findings in this Order shall have
no effect on the Court’s ruling on any motion to certify any class in these actions or on the
Court’s rulings concerning any Defendant’s motion; and no party may cite or refer to the Court’s
approval of the Indirect Settlement Class as persuasive or binding authority with respect to any
motion to certify any such class or any Defendant’s motion.
9.

No individuals and/or entities have timely and validly requested exclusion from

the Indirect Settlement Class.
10.

The Actions, including but not limited to those listed on Exhibit A to the Indirect

Settlement Agreement (Dkt. No. 207-1), and all Released Claims are hereby dismissed with
prejudice with respect to the Released Parties and without costs. The Releasing Parties are
barred from instituting or prosecuting, in any capacity, any action or proceeding that asserts a
Released Claim against any of the Released Parties. This dismissal applies only in favor of
Samyang Korea and the other Released Parties.
11.

The Escrow Account, into which Samyang Korea has deposited a total of

$500,000 as the Settlement Amount for the Indirect Settlement Class, plus accrued interest
thereon, is approved as a Qualified Settlement Fund pursuant to Internal Revenue Code Section
468B and the Treasury Regulations promulgated thereunder. Counsel for the Indirect Purchaser

Plaintiffs are entitled to the payment of $216,673 as partial reimbursement of costs incurred in
the prosecution of this litigation.
12.

Neither the Indirect Settlement Agreement, nor any act performed or document

executed pursuant to the Indirect Settlement Agreement, may be deemed or used as an admission
of wrongdoing in any civil, criminal, administrative, or other proceeding in any jurisdiction.
13.

No objections to the proposed settlement have been received. No class member

appeard at the hearing to object.
14.

This Order and Final Judgment does not settle or compromise any claims by

Indirect Purchaser Plaintiffs or the Indirect Settlement Class against any other Defendant or other
person or entity other than Samyang Korea and the other Released Parties, and all rights against
any other Defendant or other person or entity are specifically reserved.
15.

Without affecting the finality of this Order and Final Judgment, the Court retains

exclusive jurisdiction over: (a) the enforcement of this Order and Final Judgment; (b) the
enforcement of the Indirect Settlement Agreement; (c) any application for distribution of funds,
attorneys’ fees, or reimbursement made by Plaintiffs’ Counsel; (d) any application for incentive
awards for the Indirect Purchaser Plaintiffs; and (e) the distribution of the settlement proceeds.
16.

Pursuant to Fed. R. Civ. P. 54, the Court finds that there is no just reason for delay

and hereby directs the entry of judgment as to Samyang Korea.
IT IS SO ORDERED.

Dated: August 22, 2016

____________________________________
HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE