CLRB Hanson Industries, LLC et al v. Google Inc.

Filing 346

FINAL JUDGMENT by Judge James Ware granting 339 Motion for Settlement (jwlc1, COURT STAFF) (Filed on 9/14/2009) Modified on 9/15/2009 (cv, COURT STAFF).

CLRB Hanson Industries, LLC et al v. Google Inc.

Doc. 346

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN, on behalf of themselves and all others similarly situated, Plaint iffs, vs. GOOGLE, INC., Defendant. On September 14, 2009, this matter came before the Court for hearing on the application of the This matter came before the Court for hearing on the application of the Parties for approval of Parties for approval of the settlement set forth in the Settlement Agreement and Release the settlement set forth in the Settlement Agreement and Release ("Agreement"), dated as of March ("Agreement"), dated as of March 17, 2009. The Court reviewed the various objections it has received 17, 2009. Due and adequate notice having been given to the Class as required by prior Order of this and permitted counsel representing three objectors to speak at the hearing. Upon consideration, the Court, and the Court having considered all papers filed and proceedings had herein and otherwise Court overrules the objections to this Settlement Agreement. Accordingly, due and adequate notice being fully informed in the premises and good cause appearing therefor, having been given to the Class as required by prior Order of this Court, and the Court having NOW, THEREFORE, IT IS HEREBY ORDERED THAT: considered all papers filed and proceedings had herein and otherwise being fully informed in the 1. The Court, for purposes of this Order, adopts the definitions set forth in the Agreement. premises and good cause appearing therefor, NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1 [PROPOSED] FINAL JUDGMENT 1. The Court, for purposes of this Order, adopts the definitions set forth in the Agreement.
964984v1/010480

Case No. C 05-03649 JW PVT FINAL JUDGMENT [PROPOSED] FINAL JUDGMENT Hearing: Time: Dept.: Judge: September 14, 2009 9:00 a.m. Courtroom 8 Hon. James W. Ware

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2.

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

the Action, including all members of the Class. 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and by prior Order of this

Court, the Class has been certified, defined as set forth in the Agreement. Excluded from the Class are Resellers, as defined in the Agreement, and those who validly requested to be excluded from the Class

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pursuant to paragraph 3.4 of the Agreement (the names of which are attached hereto as Exhibit A). 4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves

the settlement set forth in the Settlement Agreement and finds that said settlement is, in all respects, fair, just, reasonable and adequate to the Class, and in the best interests of the Class. 5. The Action and all claims contained therein, as well as all of the Released Claims, are

dismissed with prejudice as to plaintiffs and all Class Members and as against Google. 6. The Court finds that the Agreement, and the terms of the settlement set forth therein, is

fair, just, reasonable and adequate to the Class, and that the Agreement, and the terms of the settlement set forth therein, are hereby finally approved in all respects and the Parties are hereby directed to perform its terms. 7. Upon this Final Judgment becoming final, all Class Members, on behalf of themselves,

and their respective heirs, executors, administrators, successors, assigns, employees, officers, directors, attorneys, representatives, affiliates, agents, and any persons or entities they represent, shall be deemed to release and forever discharge Google from all Released Claims, and shall forever be barred and enjoined from prosecuting, commencing, instituting or asserting all or any o f the Released Claims in any action or other proceeding in any court of law or equity, arbitrational tribunal, administrative or other forum, whether directly, representatively, derivatively, or in any other capacity against Google, and Google shall be deemed to have, and by operation of this Judgment shall have

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fully, finally, and forever released the Representative Plaintiffs from all claims that Google has or may have against them, their affiliates, employees, or members as of February 28, 2009. 8. All Members of the Class are hereby forever barred and enjoined from prosecuting the

Released Claims against Google. 9. Upon this Final Judgment becoming final, Google shall be deemed to have, and by

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operation of this Final Judgment shall have fully, finally and forever released, relinquished and discharged each and all of Representative Plaintiffs, Class Members, and Representative Plaintiffs' Counsel from all claims -- known and unknown -- arising out of, relating to, or in connection with the institution, prosecution, assertion, settlement or resolution of the Action or the Released Claims. 10. As set forth in the Court's prior Order, the notice given to the Class was the best notice

practicable under the circumstances of these proceedings and of the matters set forth therein, including the certification of the Class, and the proposed settlement set forth in the Agreement to all persons entitled to such notice, and said notice fully satisfied the requirements of Federal Rules of Civil Procedure 23 and due process. 11. Neither the Agreement nor the terms of the settlement set forth therein, nor any act

performed or document executed pursuant to or in furtherance of the Agreement or the settlement: (i) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claim, or of any wrongdoing or liability of Google, or (ii) is or may be deemed to be or may be used as an admission of, or evidence of, any fault or omission of Google in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal, except in a proceeding to approve, enforce, or otherwise effectuate the settlement set forth in the Agreement (or any agreement or order relating thereto). Google may file the Agreement and the Final Judgment entered thereon in any other action that may be brought against it in order to support a defense or counterclaim

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based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction or any theory of claim preclusion or issue preclusion or similar defense or counterclaim. 12. The Court finds that each party to the Action, together with their respective counsel,

have complied throughout the Action with the requirements of Rule 11(b) of the Federal Rules of Civil Procedure.

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13.

In the event that the settlement set forth in the Agreement does not become effective in

accordance with the terms of the Final Agreement, then this Judgment shall be rendered null and void to the extent provided by and in accordance with the terms of the Agreement and shall be vacated, and in such event, all releases delivered or given in connection herewith shall be null and void to the extent provided by and in accordance with the terms of the Agreement. 14. Wit hout affecting the finality o f this Final Judgment in any way, this Court hereby

retains continuing jurisdiction over the Settlement Proceeds and the Parties for purposes of (a) implementing and effectuating the Agreement; and (b) construing, enforcing and administering the Agreement, including the distribution of the Settlement Proceeds to Authorized Claimants. The Clerk shall close this file. Dated: ___________________, 2009 September 14, 2009 ____________________________________ James W. Ware JAMES WARE UNITED STATES DISTRICT JUDGE United States District Judge

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EXHIBIT A

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Name/Company Joy A. Reed Greg Smith c/o Cheri P. Smith Melvin-Smith Learning Center of Sacramento Etsuko Hasegawa Guidance Helicopters

Class Member YES YES

GilardiClassID GGLE117638763 GGLE119577192

Notes No Account Number; No Dates No Account Number; No Dates

Date Reiceived On or Before July 14, 2009 On or Before July 14, 2009

YES YES

GGLE110947965 GGLE118020348 GGLE120333781 GGLE115079988 GGLE120622708

No Account Number; No Dates

On or Before July 14, 2009

On or Before July 14, 2009 No Account Number On or Before July 14, 2009 On or Before July 14, 2009

Mike Hazard MarketPlace Innovations, LLC Philip E. Landau Clinical Trials & Surveys Group (C-TASC) Bruce W. Thompson, Chairman Icksoo Shin Margaryta Savytska Beauty Queen Management Juel Daisi Pollard www.GIDogTags4u.com Hiller Engraving Brook Advertising & Public Relations Cindy Tannewitz W.N.McKenna, Ltd dba Gaswatch.info C. Robert Murray, Jr. Ronald Strickland

YES YES

PROBABLE MATCH

GGLE115403270

No Account Number; No Dates

On or Before July 14, 2009

MATCHING EMAIL ADDRESS YES YES

GGLE119951744 GGLE115481360 GGLE114033100

No Account Number; No Dates No Account Number; No Dates No Account Number; No Dates

On or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009

YES

GGLE117185297

No Account Number; No Dates

On or Before July 14, 2009

YES

GGLE115931374

On or Before July 14, 2009

YES

GGLE111548207

On or Before July 14, 2009

PROBABLE MATCH

GGLE121190631

On or Before July 14, 2009

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Name/Company Engineering Systems Technology, Inc Henry Borja Kauffman's Fruit Farm and Market Lonnie Kauffman Gregg Matshushima Lloyd Standish Lump Sum Solutions Diane Bennett Joe Hayes Oneupweb Lisa Wehr Tom's Incense Tom L Newlin Aubri Webb Salim Ibrahim The David Law Firm Jonathan David S. Bradley Cooper Lee Bieker Dolores Sweney Dennis Aaberg

Class Member YES

GilardiClassID GGLE120661487

Notes

Date Reiceived On or Before July 14, 2009

YES

GGLE115706702

On or Before July 14, 2009

YES YES YES

GGLE113002198 GGLE118587496 GGLE116191595

On or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009

YES YES

GGLE117213592 GGLE110720898

On or Before July 14, 2009 On or Before July 14, 2009

YES

GGLE117303214

No Account Number; No Dates

On or Before July 14, 2009

YES YES YES

GGLE110949240 GGLE113086405 GGLE111096500

On or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009

YES YES YES

GGLE118934706 GGLE121468648 GGLE120607954

No Account Number, No Dates

On or Before July 14, 2009

No Account Number, No Dates, Claims Accout was Fraudulent On or Before July 14, 2009 No Email Address On or Before July 14, 2009

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Name/Company Chronometry Company International Chronometry Astronautics Advanced Robotic Systems Genebank High Security Genetics Richard Ward Custer MLI Network LLC Robert Baker International Adoption Center Ann Wrixon Ryan Schwab Loysen + Kreuthmeier Karen Loysen Peter Kreuthmeier MEG Financial Michael Gray Jr. Garret Bockhorst International Food And Wine Consultants Inc Mary Beth Clark Bien C Hernandez Jr Shepler Billy Hopkins Roy Huft Clover Sites, Inc James Elliston Benjamin Rugg

Class Member YES

GilardiClassID GGLE113040103

Notes

Date Reiceived On or Before July 14, 2009

YES

GGLE119364350

On or Before July 14, 2009

YES

GGLE113574159 GGLE118882501 GGLE119973993 GGLE115334929

On or Before July 14, 2009

YES

No Account Number, No Dates, Claims Accout was Fraudulent On or Before July 14, 2009

YES

GGLE117448484

On or Before July 14, 2009

YES YES

GGLE119792654 GGLE121030375

On or Before July 14, 2009 On or Before July 14, 2009

YES YES

GGLE119908288 GGLE117833949

No Account Number

On or Before July 14, 2009 On or Before July 14, 2009

YES YES

GGLE113080563 GGLE116073835

Printed Email. No Signature

On or Before July 14, 2009 On or Before July 14, 2009

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Name/Company AJ Riggins Search Group Bernard B Long Family Products, LLC Jim Bilen Michael O'Connell Debra Cooley Juanita Crispens Jill M. Anderson Federal Tax Resolution LLC Douglas Myser Ascentive LLC Adam Schran Burgess Sprint Inc dba Excal Michael King eSurmountable LLC Lonny Meinecke CF Dominicana Cigars, Inc Dennis Briganti Cameron Barholomew Gaston Jr. Gifts of Encouragement, Inc. Marnie Swedberg Ruth Kelsen

Class Member YES

GilardiClassID GGLE110047948

Notes No Account Number, No Dates, No Email Address

Date Reiceived On or Before July 14, 2009

YES

GGLE114376342

On or Before July 14, 2009

YES YES YES YES YES

GGLE114330261 GGLE115050947 GGLE111065788 GGLE116962702 GGLE118304508

On or Before July 14, 2009 On or Before July 14, 2009 No Account Number, No Dates, Claims Account was FraudulenOn or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009

YES

MULTIPLE

Appears to be Third Party Account Holder

On or Before July 14, 2009

YES

GGLE119780281

No Account Number

On or Before July 14, 2009

YES

GGLE118439039

On or Before July 14, 2009

YES

GGLE120052723

On or Before July 14, 2009

YES YES

GGLE110587535 GGLE113791184 No Account Number

On or Before July 14, 2009 On or Before July 14, 2009

YES

GGLE112330337

No Account Number, No Dates, Claims Account was FraudulenOn or Before July 14, 2009

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Name/Company Brandon Pulido Assistech Special Needs Oliver Simoes Cliptomania James R. Santo Michael Rocco Metzler / Payden Vlad Milev Edward Garlock, Esq. Savin Kent Lawrence W. Brooks

Class Member YES YES

GilardiClassID GGLE115466914 GGLE119979690

Notes No Account Number, No Dates. Sent by fax. No Account Number, No Dates, No Email Address Sent by fax. No Account Number, No Dates

Date Reiceived On or Before July 14, 2009 On or Before July 14, 2009

YES

GGLE119767595

On or Before July 14, 2009

YES YES

GGLE113659138 GGLE119591446

No Dates No Account Number

On or Before July 14, 2009 On or Before July 14, 2009

YES YES

GGLE110334343 GGLE114097354

No Account Number, No Dates No Account Number. No Dates. Identifies himself as a reseller.

On or Before July 14, 2009 On or Before July 14, 2009

Wildcat Technology Solutions Joseph Messina Orsus E Stewart Ashford Orcas Hotel Larua Tidwell Glenda Bartolome

YES

GGLE1-1031020-7 No Account Number, No Dates Multiple Emails. One Active. GGLE116938240 Received July 15, 2009

On or Before July 14, 2009

YES

July 15, 2009

YES

GGLE116590490 GGLE119094507

No Account Number, No Dates. Sent by fax. Received July 15, 2009

July 15, 2009

YES

GGLE1-1746506-0 ID# 687-255-0388, No Dates Received July 16, 2009

July 16, 2009

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Name/Company

Class Member

GilardiClassID

Notes

Date Reiceived

HostRocket.com John Reyes Brendan Brader Brittany Smuts

YES

11 Account Numbers with Dates Received July 16, 2009

July 16, 2009

YES

GGLE1-1263678-9 No Account Number, No Dates Received July 20, 2009

July 20, 2009

Total Received by Mail as of July 14, 2009: 61 Total Received by Mail: 66

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EXCLUSIONS SENT VIA EMAIL Name/Company [e-mail] Shane Kemper Brothers Holding Oliver Kemper Tim Alexander Robert Porterfield Cathy Clark Rosemary Jones Shelley Hernandez Brandon Pulido Mikalai Christiakou Steven P. Hurtado Laura Tidwell Orcas Hotel [e-mail] John Romanoff Vicki Lowe Simon Sullivan Class Member There is a matching Email Address GilardiClassID GGLE112527386 Notes Sent via email. No Account Number, No Dates, No Signature Received June 11, 2009

YES

GGLE115825876

Sent via email. No Account Number, No Dates, No Signature

June 17, 2009

Unable to verify YES Unable to verify YES YES YES YES YES YES

Multiple Names w/No Address GGLE1-1800657-4

Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Claims Account was Fradulent Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature

June 17, 2009 June 27, 2009 June 30, 2009 June 30, 2009 July 3, 2009 June 30, 2009 June 27, 2009 July 11, 2009 July 14, 2009

GGLE1-1070865-0 GGLE1-1809322-1 GGLE1-1546691-4 GGLE1-1312466-8 GGLE1-2117760-0 GGLE1-1659049-0 GGLE1-1909450-7 GGLE1-1519599-6

Email Match - Kelly Chien Unable to Verify YES YES

Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature

June 16, 2009 July 2, 2009 July 7, 2009 July 22, 2009

GGLE1-1821285-9 GGLE1-1212193-2

Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature

Total Timely Requests Sent Via Email: 14 Total Late Requests Sent Via Email: 1