Judgment of Dismissal with Prejudice Re Sony Defendants
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Case 4:13-md-02420-YGR Document 1439 Filed 09/07/16 Page 1 of 3 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 IN RE: LITHIUM ION BATTERIES Case No. 13-MD-02420 YGR (DMR) ANTITRUST LITIGATION 14 ____________________________________ MDL No. 2420 This Document Relates to: 15 JUDGMENT OF DISMISSAL WITH 16 All Direct Purchaser Actions PREJUDICE AS TO SONY DEFENDANTS 17 18 19 20 21 22 23 24 25 26 27 28 JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO SONY DEFENDANTS Case No. 13-MD-02420 YGR (DMR) Case 4:13-md-02420-YGR Document 1439 Filed 09/07/16 Page 2 of 3 1 This matter has come before the Court to determine whether there is any cause why this 2 Court should not approve the settlement between plaintiffs and Sony Corporation, Sony Energy 3 Devices Corporation, and Sony Electronics Inc. (collectively “Sony,” “Sony Defendants,” or 4 “Settling Defendants”), set forth in the parties’ settlement agreement dated February 1, 2016, 5 (“Sony Settlement Agreement”), in the above-captioned litigation. The Court, after carefully 6 considering all papers filed and proceedings held herein and otherwise being fully informed, has 7 determined (1) that the Sony Settlement Agreement should be approved, and (2) that there is no 8 just reason for delay of the entry of this Judgment approving the Sony Settlement Agreement. 9 Accordingly, the Court directs entry of Judgment which shall constitute a final adjudication of this 10 case on the merits as to the parties to the Sony Settlement Agreement. Good cause appearing 11 therefor, it is: 12 ORDERED, ADJUDGED, AND DECREED THAT: 13 1. The Court has jurisdiction over the subject matter of this litigation, the Actions 14 within this litigation, and the parties to the Sony Settlement Agreement, including all members of 15 the Class and the Sony Defendants. 16 2. For purposes of this Judgment, except as otherwise set forth herein, the Court adopts 17 and incorporates the definitions contained in the Sony Settlement Agreement, attached hereto as 18 Exhibit 1. 19 3. The Court hereby finally approves and confirms the settlement set forth in the Sony 20 Settlement Agreement and finds that said settlement is, in all respects, fair, reasonable, and 21 adequate to the Class pursuant to Rule 23 of the Federal Rules of Civil Procedure. 22 4. Those persons/entities identified in the list attached hereto as Exhibit 2 are validly 23 excluded from the Class. Such persons/entities are not included in or bound by this Judgment. 24 Such persons/entities are not entitled to any recovery of the settlement proceeds obtained in 25 connection with the Sony Settlement Agreement. 26 27 28 1 JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO SONY DEFENDANTS Case No. 13-MD-02420 YGR (DMR) Case 4:13-md-02420-YGR Document 1439 Filed 09/07/16 Page 3 of 3 1 5. The Court hereby dismisses on the merits and with prejudice the Actions as to Sony, 2 with each party to bear their own costs and attorneys’ fees, except as provided in the Sony 3 Settlement Agreement. 4 6. All persons and entities who are Releasors are hereby barred and enjoined from 5 commencing, prosecuting, or continuing, either directly or indirectly, against the Sony Releasees, 6 in this or any other jurisdiction, any and all claims, causes of action or lawsuits, which they had, 7 have, or in the future may have, arising out of or related to any of the Released Claims as defined 8 in the Sony Settlement Agreement. 9 7. The Sony Releasees are hereby and forever released from all Released Claims as 10 defined in the Sony Settlement Agreement. 11 8. Without affecting the finality of this Judgment in any way, this Court hereby retains 12 continuing jurisdiction over: (a) implementation of the Sony Settlement Agreement and any 13 distribution to Class Members pursuant to further orders of this Court; (b) disposition of the Gross 14 Settlement Fund; (c) hearing and determining applications by plaintiffs for attorneys’ fees, costs, 15 expenses, and interest; (d) the Actions until the Final Judgment has become effective and each and 16 every act agreed to be performed by the parties all have been performed pursuant to the Sony 17 Settlement Agreement; (e) hearing and ruling on any matters relating to the plan of allocation of 18 Sony Settlement Agreement proceeds; and (f) the parties to the Sony Settlement Agreement for the 19 purpose of enforcing and administering the Sony Settlement Agreement and the mutual releases 20 contemplated by, or executed in connection with the Sony Settlement Agreement. 21 9. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil 22 Procedure, that this Judgment should be entered and further finds that there is no just reason for 23 delay in the entry of this Judgment, as to the parties to the Sony Settlement Agreement. 24 Accordingly, the Clerk is hereby directed to enter Judgment forthwith for the Sony Defendants. 25 26 Dated: _____________________September 7, 2016 ________________________________ Hon. Yvonne Gonzalez Rogers 27 United States District Judge 28 2 JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO SONY DEFENDANTS Case No. 13-MD-02420 YGR (DMR) Case 4:13-md-02420-YGR Document 1439-1 Filed 09/07/16 Page 1 of 40 EXHIBIT 1 Case 4:13-md-02420-YGR Document 1439-1 Filed 09/07/16 Page 2 of 40 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE LITHIUM ION BATTERIES Case No. 13-MD-2420-YGR ANI'ITRUST LITIGATION MDL No. 2420 This Document Relates to: SETTL~M~NT AGREEMENT ALL DIRECT PURCHASER PLAINTIFF ACTIONS Case 4:13-md-02420-YGR Document 1439-1 Filed 09/07/16 Page 3 of 40 This Settleineilt Agreement (hereinafter, "Agreement") is made and entered into as of the as of the first day of February, 2016, by and between Defendants Sony Corporation, Sony Energy Devices Corporation and Sony Electronics Inc. (collectively "Sony"), and Direct Purchaser Plaintiffs, both individually and on behalf of the Class in the above-captioned class actions. This Agreement is intended by the Settling Parties to fully, finally and forever resolve, discharge and settle the Released Claims, upon and subject to the terms and conditions hereof. RECITALS W~ ~ER~AS, Direct Purchaser Plaintiffs are prosecuting the above-captioned litigation on their own behalf' and on behalf of a Class against, among others, Sony; WIIEREAS, Direct Purchaser Plaintiffs have alleged, among other things, that Sony conspired to fix, raise, maintain or stabilize the prices of Lithium Ion Batteries in violation of Section 1 of the Sherman Antitrust Act and that these acts caused the Class to incur significant damages; WHEREAS, Sony has denied and continues to deny each and all of the claims and allegations of wrongdoing made by the Direct Purchaser Plaintiffs in the Actions; all charges of wrongdoing or liability against Sony arising OLIt of any or the conduct, statements, acts or omissions alleged, or that could have been alleged, in the Actions; and the allegations that the Direct Purchaser Plaintiffs or any member of the Class were harmed by any conduct by Sony alleged in the Actions or otherwise; WHEREAS, Direct Purchaser Plaintiffs and Sony agree that neither this Agreement nor any statement made in the negotiation thereol'shall he deemed or construed to be an admission or evidence of any violation of any statute or law or of any liability or wrongdoing by Sony or of the truth of any of the claims or allegations alleged ~in the Actions; 2. Case 4:13-md-02420-YGR Document 1439-1 Filed 09/07/16 Page 4 of 40 WHEREAS, arm's length settlement negotiations have taken place between Sony and Class Counsel, including negotiations conducted pursuant to mediation with Judge Vaughn R. Walker (ret.), and this Agreement, which embodies all of the terms and conditions of the Settlement between the Settling Parties, has been reached (subject to the approval of the Court) as provided herein and is intended to supersede any prior agreements between the Settling Parties; W~~REAS, Class Counsel have concluded, after due investigation and after carefully considering the relevant circumstances, incltiiding, without limitation, the claims asserted in the Direct Purchaser Plaintiffs' Second Consolidated Amended Complaint filed in MDL Docket No. 2420, the legal and factual defenses thereto aild the applicable law, that it is in the best interests of tl~e Direct Purchaser Plaintiffs and the Class to enter into this Agreement to avoid the uncertainties of litigation and to assure t11at the benefits reflected herein are obtained For the Direct Purchaser Plaintiffs and the Class, and, further, that Class Counsel consider the Settlement set forth herein to be fair, reasonable and adequate and in the best interests of the Direct Purchaser Plaintiffs and the Class; and WHEREAS, Sony, despite its belief that it is not liable for the claims asserted against it in the Actions and that it has good defenses thereto, has nevertheless agreed to enter into this Agreement to avoid further expense, inconvenience and the distraction of burdensome and protracted litigation, and thereby to put to rest this controversy with respect to the Direct Purchaser Plaintiffs and the Class and to avoid the risks inherent in complex litigation; AGREEMENT NOW,THEREFOR, IT IS H~R~BY STIPULATED AND AGREED by and among the Settling Parties, by and through their attorneys of record, that, subject to the approval of the 3 Case 4:13-md-02420-YGR Document 1439-1 Filed 09/07/16 Page 5 of 40 Court, the Actions and the Released Claims as against Sony shall be finally and fully settled, compromised and dismissed on the merits and with prejudice upon and subject to the terms and conditions of this Agreement, as follows: A.