Pecover et al v. Electronic Arts Inc.

Filing 449

ORDER regarding Plaintiffs' proposed modified distribution of the settlement fund. Signed by Judge Claudia Wilken on April 2, 2013. (cwlc2, COURT STAFF) (Filed on 4/2/2013)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5

GEOFFREY PECOVER and ANDREW
OWENS, on behalf of themselves
and all other similarly situated,

6
7
8

Plaintiffs,
v.
ELECTRONIC ARTS, INC.,

9

United States District Court
For the Northern District of California

10
11

No. C 08-2820 CW
ORDER REGARDING
PLAINTIFFS’
PROPOSED MODIFIED
DISTRIBUTION OF
THE SETTLEMENT
FUND

Defendant.
________________________________/
Pursuant to the Court’s direction, Plaintiffs have filed

12

proposed modifications to the plan of distribution under the

13

settlement agreement and Defendant has responded to Plaintiff’s

14

proposal.

15

addressing both parties’ submissions.

Objector Theodore H. Frank has also filed a brief

16

Having considered the papers filed by the parties and Mr.

17

Frank, the Court exercises its discretion under the settlement

18

agreement to select the plan of distribution identified as option

19

one in Plaintiffs’ brief.

20

be modified to compensate class members who have submitted claims,

21

and those who for whom the parties have identified names and

22

associated physical addresses, using a three times multiplier for

23

the damages alleged, and to send a settlement check automatically

24

to seventh generation class members for whom the parties have a

25

name and associated physical address in the amount of the average

26

claim paid to seventh generation purchaser claimants, including

27

the three times multiplier.

28

of damages is within its discretion both under the settlement

That is, the plan of distribution will

The Court finds that this allocation

1

agreement and the authority cited by Plaintiffs.

2

exercises its discretion under the agreement to approve the

3

parties’ proposed modification to the cy pres provision and

4

directs that any residual settlement funds escheat to the federal

5

government, which is primarily in charge of enforcing the

6

antitrust laws of the United States.

7

The Court also

The Court grants Plaintiffs’ request that Gilardi & Co., LLC,

8

be allowed to continue providing notice and administering claims

9

in this case.

The Court declines to require Class Counsel to

United States District Court
For the Northern District of California

10

“reach out” to video game retailers or conduct the other search

11

efforts to locate physical addresses of class members proposed by

12

Mr. Frank, particularly in light of the fact that the parties

13

already have email addresses for ten million class members, who

14

will be provided with direct notice of the modified agreement and

15

can submit a claim form with their physical address if they so

16

choose.

17

The Court sets further dates as follows:

18

Event

Date

19

Deadline for Plaintiffs to efile, and submit in word
processing format to the Court’s
proposed order email address, a
draft of the supplemental
notice, after receiving approval
as to form from Defendant.

Tuesday, April 9, 2013

Monday, April 15, 2013

24

Last day for administrator to
provide supplemental notice to
the class.

25

New close of claim period.

Wednesday, May 15, 2013

20
21
22
23

26
27
28
2

1

Event

Date

2

Deadline for Plaintiffs to
submit a report regarding the
claims and a revised proposed
order regarding their motion for
final approval, to address the
revisions to the plan of
distribution and the arguments
raised by the objectors.

Monday, May 20, 2013

3
4
5
6
7
8
9

No further hearing on the motion for final approval is
necessary.
IT IS SO ORDERED.

United States District Court
For the Northern District of California

10
11

Dated: April 2, 2013

CLAUDIA WILKEN
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3