Wahl v. Yahoo ! Inc.

Filing 59

FINAL JUDGMENT. Signed by Judge Beth Labson Freeman on 11/15/2018. (Attachments: #1 Settlement Agreement)(blflc1S, COURT STAFF) (Filed on 11/15/2018)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SAN JOSE DIVISION ANDREW WAHL, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. YAHOO! INC., a Delaware corporation dba RIVALS.COM; and DOES 1 through 10, inclusive, Defendants. CASE NO. 5:17-cv-02745-BLF FINAL JUDGMENT 1 WHEREAS on November 15, 2018, this Court granted final approval to the class action 2 Settlement Agreement between Plaintiff Yuan Guo and Defendant Yahoo! Inc., dba Rivals.com, in 3 all respects, 4 IT IS HEREBY ORDERED AND ADJUDGED THAT: 5 1. The Court certifies the following class for purposes of settlement: all customers in 6 California who were charged on a recurring basis by Rivals.com for auto-renewal subscriptions 7 entered into between March 31, 2013 and the present. Certification of this Settlement Class meets all 8 requirements of Federal Rule of Civil Procedure 23. 9 2. The Settlement Class was provided with adequate notice of the settlement and an 10 opportunity to object or opt out. The notice satisfied all applicable legal requirements, including 11 those under Federal Rule of Civil Procedure 23 and the United States Constitution. 12 13 14 3. Defendant served on the appropriate government officials a notice of proposed settlement that complies with the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. 4. The Settlement Agreement, which is attached to this Judgment, is fundamentally fair, 15 adequate, and reasonable. The Court specifically approves the terms of the Settlement Agreement 16 providing that class members who do nothing in response to the class notice will receive either 5 17 months (annual subscribers) or 3 months (monthly subscribers) of free subscription services to 18 Rivals.com, and that class members may elect to receive either $20 in cash (annual subscribers) or 19 $10 in cash (monthly subscribers) in lieu of free subscription services. The Court approves 20 Defendant’s agreement to modify the subscription page for Rivals.com. The Court also approves the 21 release language set forth in the Settlement Agreement. 22 23 24 25 26 5. Pursuant to the terms of the Settlement Agreement, Defendant shall pay the Settlement Administrator’s reasonable fees and expenses. 6. Pursuant to the terms of the Settlement Agreement, Plaintiff Yuan Guo is granted an incentive award in the amount of $5,000, to be paid by Defendant. 7. Pursuant to the terms of the Settlement Agreement, Plaintiff is hereby awarded 27 attorneys’ fees in the amount of $285,313.66 and expenses in the amount of $14,686.34, to be paid by 28 Defendant. 1 8. No class members having opted out of the class, all members of the Settlement Class 2 are enjoined from asserting, or attempting to assert, any of the claims released by the Settlement 3 Agreement. 4 5 6 9. All class claims against Defendant are hereby dismissed with prejudice and without costs, with the exception of the award of attorneys’ fees and expenses herein. 10. Without affecting the finality of the dismissal or of this Judgment, the Court retains 7 jurisdiction over all parties to this action and all Settlement Class members for the purpose of 8 implementing and enforcing the Settlement Agreement. 9 10 11 Dated this 15th day of November, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP Hon. Beth Labson Freeman United States District Court Judge

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