Maldonado et al v. Apple, Inc et al
Filing
340
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)
Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 1 of 8
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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VICKY MALDONADO, et al.,
Plaintiffs,
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v.
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APPLE, INC, et al.,
Defendants.
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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
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This matter comes before the Court to determine whether to approve Plaintiffs Vicky
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Maldonado and Justin Carter’s settlement with Defendants Apple Inc., AppleCare Service
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Company, Inc., and Apple CSC, Inc. and Plaintiffs’ Plan of Allocation. The Court, having
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reviewed Plaintiffs’ Motion for Final Approval of Settlement (“Motion”), Plaintiffs’ Motion for
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Attorneys’ Fees, Costs, and Class Representative Incentive Awards, the Settlement Agreement,
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the pleadings and other papers on file in this action, and the statements of counsel and the parties,
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including at the Fairness Hearing, hereby finds that the Settlement and Plan of Allocation should
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be approved. Accordingly, the Court enters this Order of Final Approval.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
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1.
The Court has jurisdiction over the subject matter of this litigation, and all actions
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within this litigation (collectively, the “Action”) and over the parties to the Settlement Agreement,
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including all members of the Certified Class and Defendants.
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2.
For purposes of this Order, except as otherwise set forth herein, the Court
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incorporates the definitions contained in the Settlement Agreement. Berman Final App. Decl., Ex.
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A, Settlement Agreement (ECF No. 321-1). The Court hereby finally approves and confirms the
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settlement set forth in the Settlement Agreement, and finds that said settlement is fair, reasonable,
Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 2 of 8
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United States District Court
Northern District of California
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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.
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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.
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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).
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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.
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No valid objections were filed regarding the Class Settlement.
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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.
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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.
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Case 3:16-cv-04067-WHO Document 340 Filed 04/29/22 Page 3 of 8
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11.
The Court awards to Class Representatives:
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a.
An incentive award to Vicky Maldonado in the amount of $15,000; and
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b.
An incentive award to Justin Carter in the amount of $12,500.
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continuing jurisdiction over:
a.
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Without affecting the finality of this Order in any way, this Court hereby retains
implementation of this settlement and any distribution to members of the
Class pursuant to further orders of this Court;
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b.
disposition of the Settlement Fund;
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c.
determining attorneys’ fees, costs, expenses, and interest;
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d.
the Action until Final Judgment contemplated hereby has become effective
United States District Court
Northern District of California
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and each and every act agreed to be performed by the parties all have been performed
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pursuant to the Settlement Agreement;
e.
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hearing and ruling on any matters relating to the plan of allocation of
settlement proceeds; and
f.
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all parties to the Action and Releasing Parties, for the purpose of enforcing
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and administering the Settlement Agreement and the mutual releases and other documents
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contemplated by, or executed in connection with the Agreement.
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13.
The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil
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Procedure, that Final Judgment of Dismissal with prejudice as to the Defendants (“Judgment”)
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should be entered forthwith and further finds that there is no just reason for delay in the entry of
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the Judgment, as Final Judgment, in accordance with the Settlement Agreement.
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IT IS SO ORDERED.
Dated: April 29, 2022
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William H. Orrick
United States District Judge
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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
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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
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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
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Maldonado v Apple
Class Certification Request for Exclusion Report
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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
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S
V
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Q
C
K
M
B
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P
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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
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Maldonado v Apple
Class Certification Request for Exclusion Report
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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
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J
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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
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Maldonado v Apple
Settlement Request for Exclusion Report
Opt Out Count
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First Name
Cynthia
Kathleen
Marvin
Christian
Jaime
Julia
Alexandra
Matthew
Kathleen
Monica
Lauren
Bruce
Arni
Thomas
Craig
Patricia
Saylee
Jayson
Middle Name
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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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