Campbell et al v. Facebook Inc.
Filing
237
Motion and [Proposed] Order for Final Approval of Class Action Settlement filed by Matthew Campbell, Michael Hurley. Motion Hearing set for 8/9/2017 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 6/26/2017. Replies due by 7/10/2017. (Attachments: # 1 Declaration of Hank Bates and Michael Sobol, and Exhibits 1-2, # 2 Proposed Order)(Sobol, Michael) (Filed on 5/26/2017) Modified on 5/30/2017 (cjlS, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MATTHEW CAMPBELL and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,
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Plaintiffs,
Case No. 4:13-cv-05996-PJH-SK
[PROPOSED] ORDER GRANTING FINAL
APPROVAL TO CLASS ACTION
SETTLEMENT
v.
FACEBOOK, INC.,
Defendant.
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[PROPOSED] ORDER GRANTING FINAL APPROVAL
TO CLASS ACTION SETTLEMENT
CASE NO. 4:13-CV-05996-PJH
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The Court has considered the Class Action Settlement Agreement (“Settlement
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Agreement”), dated March 1, 2017, the Parties’ motion for an order finally approving the
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Settlement Agreement, the record in this Action, the arguments and recommendations made by
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counsel, and the requirements of the law. The Court finds and orders as follows:
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I.
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FINAL APPROVAL OF THE SETTLEMENT AGREEMENT
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The Settlement Agreement is approved under Rule 23 of the Federal Rules of Civil
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Procedure. The Court finds that the Settlement Agreement and the Settlement it incorporates
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appear fair, reasonable, and adequate, and its terms are within the range of reasonableness. The
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Settlement Agreement was entered into at arm’s-length by experienced counsel after extensive
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negotiations spanning months, including with the assistance of a third-party mediator. The Court
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finds that the Settlement Agreement is not the result of collusion.
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II.
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DEFINED TERMS
2.
For purposes of this Final Approval Order and Final Judgment (“Order”), the
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Court adopts all defined terms as set forth in the Settlement Agreement.
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III.
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NO ADMISSIONS AND NO EVIDENCE
3.
This Order, the Settlement Agreement, the Settlement provided for therein, and
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any proceedings taken pursuant thereto, are not, and should not in any event be offered, received,
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or construed as evidence of, a presumption, concession, or an admission by any Party or any of
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the Released Persons of wrongdoing, to establish a violation of any law or duty, an admission that
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any of the practices at issue violate any laws or require any disclosures, any liability or non-
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liability, the certifiability or non-certifiability of a litigation class in this case, or any
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misrepresentation or omission in any statement or written document approved or made by any
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Party.
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IV.
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JURISDICTION
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For purposes of the Settlement of the Action, the Court finds it has subject matter
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and personal jurisdiction over the Parties, including all Settlement Class Members, and venue is
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proper.
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[PROPOSED] ORDER GRANTING FINAL APPROVAL
TO CLASS ACTION SETTLEMENT
CASE NO. 4:13-CV-05996-PJH
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V.
CLASS CERTIFICATION OF RULE 23(B)(2) CLASS FOR SETTLEMENT
PURPOSES ONLY
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5.
The Court finds and concludes that, for the purposes of approving this Settlement
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only, the proposed Rule 23(b)(2) Settlement Class, which expands the class certified by the Court
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on May 18, 2016, meets the requirements for certification under Rule 23 of the Federal Rules of
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Civil Procedure: (a) the Settlement Class is so numerous that joinder of all members is
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impracticable; (b) there are questions of law or fact common to the Settlement Class; (c) the
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claims or defenses of the Class Representatives are typical of the claims or defenses of the
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Settlement Class; (d) Class Representatives and Class Counsel will fairly and adequately protect
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the interests of the Settlement Class because Class Representatives have no interests antagonistic
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to the Settlement Class, and have retained counsel who are experienced and competent to
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prosecute this matter on behalf of the Settlement Class; and (e) the Defendant has acted on
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grounds that apply generally to the Settlement Class, so that final injunctive relief is appropriate
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respecting the Settlement Class as a whole.
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6.
The Settlement Agreement was reached after extensive investigation and motion
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practice in the Action, and was the result of protracted negotiations conducted by the Parties, over
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the course of several months, including with the assistance of a mediator. Class Representatives
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and Class Counsel maintain that the Action and the claims asserted therein are meritorious and
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that Class Representatives and the Class would have prevailed at trial. Defendant denies the
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material factual allegations and legal claims asserted by Class Representatives in this Action,
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maintains that a class would not be certifiable under any Rule, and that the Class Representatives
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and Class Members would not prevail at trial. Notwithstanding the foregoing, the Parties have
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agreed to settle the Action pursuant to the provisions of the Settlement Agreement, after
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considering, among other things: (a) the benefits to the Class Representatives and the Settlement
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Class under the terms of the Settlement Agreement; (b) the uncertainty of being able to prevail at
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trial; (c) the uncertainty relating to Defendant’s defenses and the expense of additional motion
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practice in connection therewith; (d) obstacles to establishing entitlement to class-wide relief; (e)
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the attendant risks of litigation, especially in complex actions such as this, as well as the
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[PROPOSED] ORDER GRANTING FINAL APPROVAL
TO CLASS ACTION SETTLEMENT
CASE NO. 4:13-CV-05996-PJH
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difficulties and delays inherent in such litigation and appeals; and (f) the desirability of
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consummating the Settlement promptly in order to provide effective relief to the Class
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Representatives and the Settlement Class.
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7.
The Court accordingly certifies, for settlement purposes only, a class under Rule
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23(b)(2), consisting of all natural-person Facebook users located within the United States and its
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territories who have sent, or received from a Facebook user, private messages that included URLs
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in their content (and from which Facebook generated a URL attachment), from December 30,
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2011 to March 1, 2017. Excluded from the Settlement Class are (i) all Persons who are directors,
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officers, and agents of Facebook or its subsidiaries and affiliated companies or are designated by
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Facebook as employees of Facebook or its subsidiaries and affiliated companies; and (ii) the
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Court, the Court’s immediate family, and Court staff, as well as any appellate court to which this
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matter is ever assigned, and its immediate family and staff.
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VI.
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NOTICE
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The Court finds that the forms, content, and methods of disseminating notice to the
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Class Members previously approved and directed by the Court have been implemented by the
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Parties and (i) comply with Rule 23(c)(2) of the Federal Rules of Civil Procedure as they are the
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best practicable notice under the circumstances and are reasonably calculated, under all the
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circumstances, to apprise the Class Members of the pendency of this Action, the terms of the
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Settlement, and their right to object to the settlement; (ii) comply with Rule 23(e) as they are
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reasonably calculated, under the circumstances, to apprise the Class Members of the pendency of
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the Action, the terms of the proposed settlement, and their rights under the proposed settlement,
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including, but not limited to, their right to object to the proposed Settlement and other rights
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under the terms of the Settlement Agreement; (iii) comply with Rule 23(h) as they are reasonably
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calculated, under the circumstances, to apprise the Class Members of any motion by Class
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Counsel for reasonable attorney's fees and nontaxable costs, and their right to object to any such
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motion; (iv) constitute due, adequate, and sufficient notice to all Class Members and other
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persons entitled to receive notice; and (v) meet all applicable requirements of law, including, but
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[PROPOSED] ORDER GRANTING FINAL APPROVAL
TO CLASS ACTION SETTLEMENT
CASE NO. 4:13-CV-05996-PJH
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not limited to, 28 U.S.C. § 1715, Fed. R. Civ. P. 23(c), (e), and (h), and the Due Process Clause(s)
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of the United States Constitution.
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VII.
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CLAIMS COVERED AND RELEASES
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This Order constitutes a full, final and binding resolution between the Class
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Representatives’ Releasing Parties, on behalf of themselves and the Settlement Class Members,
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and the Released Parties. This Release shall be applied to the maximum extent permitted by law.
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10.
Upon the Effective Date and by operation of this Order, the Class Representatives’
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Releasing Parties will fully, finally, and forever release any and all Class Representatives’
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Released Claims, including claims for personal injury and damages, known and unknown, as well
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as provide a waiver under California Civil Code Section 1542. Class Representatives’ Releasing
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Parties are forever enjoined from taking any action seeking any relief against the Released Parties
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based on any Class Representatives’ Released Claims.
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Upon the Effective Date and by operation of this Order, the Releasing Parties will
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fully, finally, and forever release the Settlement Class Members’ Released Claims (as well as
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provide a waiver under California Civil Code Section 1542), including any and all claims for
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injunctive and/or declaratory relief of any kind or character, at law or equity, known or unknown,
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preliminary or final, under Federal Rule of Civil Procedure 23(b)(2) or any other federal or state
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law or rule of procedure, from the beginning of the Class Period up until and including the
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Effective Date, that result from, arise out of, are based on, or relate in any way to the practices
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and claims that were alleged in, or could have been alleged in, the Action, except that,
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notwithstanding the foregoing, the Releasing Parties do not release claims for monetary relief or
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damages. The Releasing Parties are forever enjoined from taking any action seeking injunctive
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and/or declaratory relief against the Released Parties based on any Settlement Class Members’
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Released Claims.
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12.
Upon the Effective Date and by operation of this Order, Facebook will fully,
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finally, and forever release, waive, and discharge all legal claims, causes of action, cross-claims,
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or counter-claims against Class Representatives’ Releasing Parties that result from, arise out of,
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are based on, or relate in any way to the practices and claims that were alleged in, or could have
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[PROPOSED] ORDER GRANTING FINAL APPROVAL
TO CLASS ACTION SETTLEMENT
CASE NO. 4:13-CV-05996-PJH
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been alleged in, the Action. Facebook is forever enjoined from taking any action seeking any
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relief against the Class Representatives’ Releasing Parties based on any of Facebook’s Released
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Claims.
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The Settlement Agreement and this Order shall be the exclusive remedy for any
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and all Released Claims of the Class Representatives, Settlement Class Members, and Facebook.
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VIII. INJUNCTIVE RELIEF
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Facebook shall display the following language, without material variation, on its
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United States website for Help Center materials concerning messages within 30 days of the
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Effective Date: “We use tools to identify and store links shared in messages, including a count of
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the number of times links are shared.” Facebook shall make this language available on its United
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States website for a period of one year from the date it is posted, provided however that Facebook
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may update the disclosures to ensure accuracy with ongoing product changes.
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IX.
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ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS
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The Court’s decision regarding the payment of attorneys’ fees and expenses to
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Class Counsel and incentive awards to the Class Representatives is addressed in a separate order.
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X.
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AUTHORIZATION TO PARTIES TO IMPLEMENT AGREEMENT AND
MODIFICATIONS OF AGREEMENT
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By this Order, the Parties are hereby authorized to implement the terms of the
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Settlement Agreement. After the date of entry of this Order, the Parties may by written
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agreement effect such amendments, modifications, or expansions of the Settlement Agreement
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and its implementing documents (including all exhibits thereto) without further approval by the
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Court if such changes are consistent with terms of this Order and do not materially alter, reduce,
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or limit the rights of Settlement Class Members under the Settlement Agreement.
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XI.
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RETENTION OF JURISDICTION
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The Court shall retain jurisdiction over any claim relating to the Settlement
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Agreement (including all claims for enforcement of the Settlement Agreement and/or all claims
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arising out of a breach of the Settlement Agreement) as well as any future claims by any
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Settlement Class Member relating in any way to the Released Claims.
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[PROPOSED] ORDER GRANTING FINAL APPROVAL
TO CLASS ACTION SETTLEMENT
CASE NO. 4:13-CV-05996-PJH
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XII.
FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE
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By operation of this Order, this Action is hereby dismissed with prejudice. A
separate judgment shall be entered pursuant to Rule 58 of the Federal Rules of Civil Procedure.
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IT IS SO ORDERED.
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DATED:
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HONORABLE PHYLLIS J. HAMILTON
UNITED STATES DISTRICT JUDGE
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[PROPOSED] ORDER GRANTING FINAL APPROVAL
TO CLASS ACTION SETTLEMENT
CASE NO. 4:13-CV-05996-PJH
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