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EXHIBIT 10 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 2 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 3 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 4 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 5 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 6 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 7 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 8 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 9 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 10 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 11 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 12 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 13 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 14 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 15 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 16 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 17 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 18 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 19 of 39 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 20 of 39

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1 Amanda Rushing Date Gregory Belzer Date 2 Plaintiff and Class Representative Vice President and Assistant Treasurer of 3 Representative for Disney

4 ______5 Ashley Supernault Date Jonathan H. Blavin Date Plaintiff and Class Representative Counsel for Disney 6

7 August 3, 2020

8 Julie Remold Date Plaintiff and Class Representative 9

10

11 Ted Poon Date Plaintiff and Class Representative 12

13

14 ______Michael W. Sobol Date 15 Counsel for Plaintiffs and the Settlement Class 16

17 ______Hank Bates Date 18 Counsel for Plaintiffs and the Settlement Class 19 20 21

22 23 24 25 26 27 28

CLASS ACTION SETTLEMENT - 18 - AGREEMENT AND RELEASE CASE NO. 3:17-CV-04419-JD

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1 Amanda Rushing Date Gregory Belzer Date 2 Plaintiff and Class Representative Vice President and Assistant Treasurer of The Walt Disney Company 3 Representative for Disney 4 ______5 Ashley Supernault Date Jonathan H. Blavin Date Plaintiff and Class Representative Counsel for Disney 6 7

8 Julie Remold Date Plaintiff and Class Representative 9 10

11 Ted Poon Date Plaintiff and Class Representative 12 13

14 ______Michael W. Sobol Date 15 Counsel for Plaintiffs and the Settlement Class 16

17 ______Hank Bates Date 18 Counsel for Plaintiffs and the Settlement Class 19

20 21

22

23 24

25 26

27

28

CLASS ACTION SETTLEMENT -18- AGREEMENT AND RELEASE CASE NO. 3:17-CV-04419-JD Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 23 of 39

8/2/2020 Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 24 of 39

EXHIBIT A Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 25 of 39

PRIMARY CHILD APPS

App Name Platform Castle of Illusion Starring Mickey Mouse AFTU Inside Out Thought Bubbles Amazon App Store Inside Out Thought Bubbles AFTU Where’s My Water? Amazon App Store Where’s My Water? AFTU Where’s My Water? 2 Amazon App Store Where’s My Water? 2 AFTU Star Wars: Puzzle Droids™ AFTU Where’s My Water? Feat. XYY AFTU Where's My Mickey? AFTU Where's My Perry? AFTU Avengers Origins: Assemble! AFTU Avengers Origins: Hulk AFTU Beauty and the Beast: Perfect Match AFTU Big Hero 6: Baymax Blast AFTU Cars 2 World Grand Prix Read and Race AFTU Castle of Illusion Starring Mickey Mouse AFTU Cinderella Free Fall AFTU Disney Bola Soccer AFTU Disney Buddies: 123s AFTU Disney Buddies: ABCs AFTU Disney Build It: Frozen AFTU Disney Creativity Studio 2 AFTU Disney Crossy Road AFTU Disney Dream Treats AFTU Appisodes AFTU Disney Junior Magic Phone AFTU Disney Junior Play AFTU Palace Pets AFTU Disney Princess: Story Theater AFTU Disney Puzzle Packs AFTU Disney Shout! AFTU Doc McStuffins Color and Play AFTU Doc McStuffins: Pet Vet AFTU Doc Mobile Clinic Rescue AFTU DuckTales: Remastered AFTU Elsa's Ice Puzzles AFTU Finding Dory: Just Keep Swimming AFTU Iron Man: Armored Avenger AFTU Jake's Treasure Trek AFTU Color and Play AFTU

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Mickey Mouse Clubhouse: Mickey's Wildlife AFTU Count Along Minnie Bow Maker AFTU Minnie Fashion Tour AFTU Minnie's Food Truck AFTU Mix+Smash: Marvel Super Hero Mashers AFTU Monsters University AFTU Olaf's Adventures AFTU Palace Pets in Whisker Haven AFTU Planes: Fire & Rescue AFTU Puffle Launch AFTU Squish: Mickey Mouse Clubhouse AFTU Star Wars Rebels: Missions AFTU Star Wars: Assault Team AFTU Star Wars: Tiny Death Star AFTU The Amazing Spider-Man: An Origin Story AFTU The Good Dinosaur: Dino Crossing AFTU AFTU Toy Story: Smash It! AFTU Toy Story: Story Theater AFTU Wreck It Ralph AFTU Disney Magic Timer by Oral-B Android Disney Magic Timer by Oral-B iOS Disney Magic Timer by Oral-B Amazon App Store Disney Magic Timer by Oral-B AFTU Pigeon Presents Mo on the Go! Android Pigeon Presents Mo on the Go! iOS Pigeon Presents Mo on the Go! Amazon App Store Pigeon Presents Mo on the Go! AFTU DisneyNOW – Shows & Live TV Android DisneyNOW – Shows & Live TV iOS DisneyNOW – Shows & Live TV Amazon App Store DisneyNOW – Shows & Live TV AFTU Don’t Let Pigeon Run This App! Android Don’t Let Pigeon Run This App! iOS Don’t Let Pigeon Run This App! Amazon App Store Don’t Let Pigeon Run This App! AFTU Donald's Number Launcher (Goofy Sorting) Android Donald's Number Launcher (Goofy Sorting) iOS Donald's Number Launcher (Goofy Sorting) Amazon App Store

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EXHIBIT B Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 28 of 39

FAMILY FRIENDLY APPS

App Name Platform Castle of Illusion Starring Mickey Mouse Android Castle of Illusion Starring Mickey Mouse iOS Castle of Illusion Starring Mickey Mouse Amazon App Store Colortopia Android Colortopia iOS Colortopia Amazon App Store Disney Parks Play / Disney Parks Play - Android Children's Hospital App (Team of Heroes) Disney Parks Play / Disney Parks Play - iOS Children's Hospital App (Team of Heroes) Disney Parks Play / Disney Parks Play - Amazon App Store Children's Hospital App (Team of Heroes) Inside Out Thought Bubbles Android Inside Out Thought Bubbles iOS Free Fall Android Maleficent Free Fall iOS Maleficent Free Fall Amazon App Store MixTape Android MixTape iOS MixTape Amazon App Store Radio Disney Android Radio Disney iOS Radio Disney Amazon App Store Where’s My Water? Android Where’s My Water? 2 Android Where’s My Water? 2 iOS Zootopia Crime Files: Hidden Object Android Zootopia Crime Files: Hidden Object iOS Zootopia Crime Files: Hidden Object Amazon App Store Star Wars: Puzzle Droids™ Android Star Wars: Puzzle Droids™ iOS Star Wars: Puzzle Droids™ Amazon App Store Where’s My Water? Feat. XYY Android Where’s My Water? Feat. XYY iOS Where’s My Water? Feat. XYY Amazon App Store Where's My Mickey? Android Where's My Mickey? iOS Where's My Mickey? Amazon App Store Where's My Perry? Android Where's My Perry? iOS Where's My Perry? Amazon App Store

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EXHIBIT C Case 3:17-cv-04344-JD Document 364-10 Filed 08/05/20 Page 30 of 39

1

2 3 4

5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10

11 MICHAEL MCDONALD, et al., Case No.: 3:17-cv-04344-JD (L) 12 Plaintiffs, [PROPOSED] ORDER GRANTING 13 PLAINTIFFS’ MOTION FOR v. PRELIMINARY APPROVAL OF CLASS 14 ACTION SETTLEMENTS AND KILOO A/S, et al., DIRECTING NOTICE TO THE 15 SETTLEMENT CLASSES Defendants. 16

17 Case No.: 3:17-cv-04419-JD AMANDA RUSHING, et al., 18 Plaintiffs, 19 v. 20 THE WALT DISNEY COMPANY, et al., 21 Defendants. 22 Case No.: 3:17-cv-04492-JD 23 AMANDA RUSHING,

24 Plaintiff,

25 v.

26 VIACOMCBS INC., et al.,

27 Defendants.

28 [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 On ______, 2020, a hearing was held on the motion of Plaintiffs Michael McDonald,

2 Tamara Draut, Dominique Murillo, Amanda Rushing, Ashley Supernault, Julie Remold, and Ted

3 Poon (“Plaintiffs”) for a consolidated order in the three above-captioned putative class actions

4 (the “Kiloo Action,” the “Disney Action,” and the “Viacom Action,” collectively, the “Actions”):

5 (1) finding the Court will likely approve the parties’ proposed Fed. R. Civ. P. 23(b)(2) class

6 action settlements (the “Settlements”); (2) finding the Court will likely certify the Settlement 7 Classes1 for purposes of judgment; (3) appointing Plaintiffs as Class Representatives for the 8 Settlement Classes; (4) appointing Lieff, Cabraser, Heimann & Bernstein, LLP and Carney Bates

9 & Pulliam PLLC, as Class Counsel for the settlement classes; (5) directing notice to the 10 Settlement Classes and approving the form and manner of the Notice plan; and (6) scheduling 11 deadlines for (i) Class Counsel to file their Motion for Final Approval (the “Final Approval 12 Motion”) and separate motion for an award of reasonable attorneys’ fees and expenses (the 13 “Attorneys’ Fees Motion”); (ii) Settlement Class Members to file objections to the Settlements or 14 Attorneys’ Fees Motion, and for Class Counsel to respond to any such objections; and (iii) a

15 hearing on the final approval of the Settlements and Attorneys’ Fees Motion. 16 Having considered Plaintiffs’ Motion for Preliminary Approval and all exhibits and other 17 evidence submitted in supporting thereof, the Court hereby ORDERS that Plaintiffs’ Motion is 18 GRANTED as follows: 19 I. Nature of Actions 20 Plaintiffs allege that Defendants’ collection and use of user data from mobile apps 21 allegedly aimed at minors intruded upon the privacy rights of parents and their minor children,

22 including teens, in violation of firmly-established social privacy norms, as manifested in 23 traditional state law remedies and federal statutes. Specifically, Plaintiffs allege that the 24 Developer Defendants, including Kiloo, Sybo, Disney, and ViacomCBS, created their respective 25 Gaming Apps2 for kids and/or contracted with certain SDK Defendants3 to embed their code

26 1 Unless otherwise noted, the “Settlement Classes” refer to all of the putative classes identified in 27 the sixteen Settlements across the three Actions. “Settlement Class Members” similarly refers to all members of the Settlement Classes. 28 2 The “Gaming Apps” refer to the subject apps in each case: the Kiloo Action involves the (continued…) [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 1 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 (called software development kits or “SDKs”) into those apps to surreptitiously collect personal

2 data for commercial gain. Kiloo Am. Compl. ¶ 20, Dkt. 268-1; Disney Am. Compl. ¶ 19, Dkt. 3 117-1; Viacom Am. Compl. ¶ 12, Dkt. 90-1. 4 Defendants deny Plaintiffs’ factual allegations, and deny any wrongdoing or legal 5 violations across all three Actions. Defendants maintain that they have complied with the 6 Children’s Online Privacy Protection Act (“COPPA”) requirements for the treatment of children’s 7 data and have not used any such data for commercial gain in violation of any state law, as 8 Plaintiffs allege. Further, Defendants maintain that they have not and do not use any personal

9 data to serve advertisements to mobile app users in violation of COPPA or any state law. 10 II. Class Certification for Purposes of Settlement 11 The Court hereby finds it will likely certify the Settlement Classes for purposes of 12 judgment on the Settlements, the definitions of which were included in Exhibit 17 the Joint 13 Declaration in support of Plaintiffs’ Motion for Preliminary Approval (the “Joint Declaration”), 14 which is reattached to this Order. The Court is likely to find, for purposes of settlement only, that

15 each of the Settlement Classes independently satisfies all of the requirements for certification 16 under Federal Rules of Civil Procedure 23(a) and (b)(2): 17 (a) For settlement purposes only, members of each Settlement Class are so numerous 18 that joinder of all members in a single proceeding would be impracticable, if not 19 impossible, because of their numbers and dispersion; 20 (b) For settlement purposes only, there are questions of law and fact common to the 21 members of each individual Settlement Class;

22 (c) For settlement purposes only, the Plaintiff(s) that seek to represent each Settlement 23 Class(es) have claims that are typical of the claims of Settlement Class(es) that 24 “Subway Surfers” app, the Disney Action involves the “Princess Palace Pets” app and three 25 versions of the “Where’s My Water?” apps, and the Viacom Action involves the “Llama Spit Spit” App. 26 3 In the Kiloo Action, the SDK Defendants are InMobi, Tapjoy, Vungle, ironSource, AdColony, Chartboost, and Flurry. In the Disney Action, the SDK Defendants are Unity, Upsight, Comscore 27 and Full Circle Studies (“Comscore”), and Twitter and MoPub (“Twitter”). In the Viacom Action, the SDK Defendant is Upsight. On August 5, 2020, Plaintiffs dismissed with prejudice the claims 28 previously asserted against Unity in the Viacom action. [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 2 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 they seek to represent;

2 (d) For settlement purposes only, Plaintiff(s) that seek to represent each Settlement 3 Class have fairly and adequately represented the interests of the respective 4 Settlement Class(es) and will continue to do so; 5 (e) For settlement purposes only, Plaintiffs and the Settlement Class Members are 6 represented by qualified, reputable counsel who are experienced in preparing and 7 prosecuting class actions; and 8 (f) For settlement purposes only, each Defendant has acted or refused to act on

9 grounds that apply to the respective Settlement Class defined in that Defendant’s 10 Settlement, so that final injunctive relief is appropriate to the Settlement Class 11 defined in each Defendant’s Settlement. 12 Accordingly, the Court certifies as a separate class each Settlement Class reflected in 13 Exhibit 17 to the Joint Declaration and appoints named Plaintiffs and their Counsel as 14 representatives of the Settlement Classes as delineated in Exhibit 17 to the Joint Declaration.

15 III. Preliminary Approval of the Settlements 16 A trial court may approve a proposed settlement if it is determined to be “fair, reasonable, 17 and adequate.” Fed. R. Civ. P. 23(e)(2). Preliminary approval should only be granted where the 18 parties have “show[n] that the court will likely be able to . . . approve the proposal under Rule 19 23(e)(2).” Fed. R. Civ. P. 23(e)(1)(B); see also O’Connor v. Uber Technologies, Inc., No. 13-cv- 20 03826-EMC, 2019 WL 1437101, at *4 (N.D. Cal. 2019). “The Court cannot, however, fully 21 assess such factors until after the final approval hearing; thus, a full fairness analysis is

22 unnecessary at th[e] [preliminary approval] stage.” Uschold v. NSMG Shared Services, LLC, 333 23 F.R.D. 157, 169 (N.D. Cal. 2019) (quoting Alberto v. GMRI, Inc., 252 F.R.D. 652, 665 (E.D. Cal. 24 2008) (internal quotation marks omitted)). And while the trial court must make a preliminary 25 finding of fairness, there is a “‘strong judicial policy that favors settlements, particularly where 26 complex class action litigation is concerned.’” See Ayala v. Coach, Inc., No. 14-CV-02031-JD, 27 2016 WL 9047148, at *2 (N.D. Cal. Oct. 17, 2016) (quoting Class Ptfs. v. City of Seattle, 955 28 F.2d 1268, 1276 (9th Cir. 1992)). [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 3 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 The Court hereby finds that it is likely to approve the proposed Settlements under the

2 relevant factors for final approval. The Court has reviewed the terms of the Settlements,4 3 including the injunctive relief provided to the Settlement Classes and the release of claims, and 4 Plaintiffs’ motion papers. Based on review of those papers and its familiarity with the Actions, 5 the Court finds and concludes that the Settlements are the result of good-faith, prolonged, serious, 6 informed, and non-collusive arms’-length negotiations after Class Counsel had adequately 7 investigated Plaintiffs’ claims, including through extensive discovery, and become familiar with 8 their strengths and weaknesses. The assistance of Judge Jay Gandhi (Ret.), Lexi W. Myer, and

9 Cathy Yanni, three highly-qualified mediators, in the settlement process supports the finding that 10 the Settlements are non-collusive. The Settlements will also avoid substantial additional costs to 11 all parties, as well as avoid the delay and risks presented by further prosecution of issues during 12 pre-trial, trial, and possible appeal. Additionally, Class Counsel’s review of the extensive 13 discovery provided in this action and evaluation of the strength of the Settlement Classes’ claims 14 against each defendant supports the scope of relief set forth in the Settlement Agreements. Based

15 on all of these factors, including strengths of the proposed injunctive relief, the Court concludes 16 that the Settlements meet the criteria for preliminary settlement approval. The Settlements have 17 no obvious defects and are likely to be approved as fair, reasonable, and adequate, such that 18 notice to the Settlement Classes is appropriate. 19 IV. Notice 20 The Court approves, as to form and content, the proposed Notice (the “Notice”), attached 21 as Exhibit B to the Angeion Declaration in support of the Motion for Preliminary Approval. The

22 Notice appropriately informs Settlement Class Members about, among other things: (1) the 23 pendency of the Lawsuit and of the Settlements, including the terms thereof; (2) the Class 24 Representatives’ applications for service awards; (3) the procedures for filing an objection to the 25 Settlements; (4) contact information for Class Counsel, and a toll-free number to ask questions 26 4 Each Settlement is attached as an Exhibit to the Joint Declaration as follows: Ex. 3 (AdColony); 27 Ex. 4 (Chartboost); Ex. 5 (Flurry); Ex. 6 (InMobi); Ex. 7 (ironSource); Ex. 8 (Tapjoy); Ex. 9 (Vungle); Ex. 1 (Kiloo); Ex. 2 (Sybo); Ex. 13 (Unity); Ex. 12 (Twitter); Ex. 11 (Comscore); Ex. 28 10 (Disney); Ex. 15 (ViacomCBS); Exs. 14 & 16 (Upsight in the Disney & Viacom Actions). [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 4 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 about the Settlements; (5) the address of the case-specific website (the “Class Settlement

2 Website”) maintained by the Settlement Administrator that links to important case documents, 3 including motion for preliminary approval papers, and instructions on how to access the case 4 docket via PACER or in person; (6) important dates in the settlement approval process, including 5 the date of the Final Approval Hearing (as described below); and (7) Plaintiffs’ forthcoming 6 Attorneys’ Fees Motion. 7 The proposed Notice plan is a reasonable method calculated to reach members of the 8 Settlement Classes who would be bound by the Settlements. The Notice will be posted on a

9 website about the Settlements and links to the website will be published online using contextual 10 advertisements on websites likely to be visited and used by Settlement Class Members. While 11 Rule 23 “expressly requires notice only in actions certified under Rule 23(b)(3),” 2003 Advisory 12 Comm. Notes on Fed. R. Civ. P. 23, the parties have agreed to provide Notice out of an 13 abundance of caution to alert the Classes to the Settlements and the agreed-upon injunctive relief. 14 Accordingly, the Court finds and concludes that the proposed Notice plan will provide notice in a

15 reasonable manner and satisfies the notice requirements of Federal Rule of Civil Procedure 23(e) 16 and this District’s Procedural Guidance for Class Action Settlements. 17 Promptly following the entry of this Order, Class Counsel will prepare final versions of 18 the Notice, incorporating into them the relevant dates and deadlines set forth herein. Then, 19 pursuant to the deadlines set forth at the end of this Order: (1) the Notice (as revised) shall be 20 posted on the Class Settlement Website established by the Settlement Administrator (“Angeion 21 Group”), along with all relevant Court orders in the Actions; and (2) the Notice shall be

22 disseminated pursuant to the Notice plan as described herein and in Plaintiffs’ preliminary 23 approval papers. The Parties shall pay the cost of the Notice Plan consistent with the provisions 24 in each Defendant’s settlement agreement. 25 The foregoing is the best notice practicable under the circumstances and shall constitute 26 due and sufficient notice to the Settlement Classes. As part of the Final Approval Motion, 27 Plaintiffs shall submit declarations to the Court confirming compliance with the notice provisions 28 set forth above. [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 5 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 V. CAFA Notice

2 The Court finds that Defendants have complied with the Class Action Fairness Act 3 (“CAFA”). Under CAFA, within “10 days after a proposed settlement of a class action is filed in 4 court, each defendant that is participating in the proposed settlement” must serve notice of the 5 proposed settlement upon “the appropriate State official of each State in which a class member 6 resides and the appropriate Federal official.” 28 U.S.C. § 1715. The Motion for Preliminary 7 Approval of Class Action Settlements was filed on August 5, 2020. Defendants have filed 8 Notices of Compliance with CAFA attesting that, no later than ______, 2020, notice of the

9 Settlements containing all documents required by 28 U.S.C. § 1715(b)(1)-(8) was served upon the 10 Attorney General of the United States of America and the appropriate state officials in California 11 and all the other states in which a Class Member is known to reside. See Dkts. ___. 12 VI. Final Approval Hearing 13 The Court hereby schedules a hearing (the “Final Approval Hearing”) to determine 14 whether to grant final approval of the Settlements pursuant to Federal Rule of Civil Procedure

15 54(b), as well as to rule on Class Counsel’s motion for an award of reasonable attorneys’ fees, 16 costs and expenses (“Attorneys’ Fees Motion”). The Final Approval Hearing shall take place at 17 the date and time set forth at the end of this Order. The date of the Final Approval Hearing may 18 be changed without further notice to the Settlement Classes. However, Plaintiffs are responsible 19 for promptly updating the Class Settlement Website with information about any such change. 20 Pending the Final Approval Hearing, all proceedings in the Actions, other than 21 proceedings necessary to carry out and enforce the terms and conditions of the Settlements and

22 this Order, are stayed, consistent with this Court’s previous orders. (Kiloo, Dkt. 358; Disney, 23 Dkt. 148; ViacomCBS, Dkt. 120.) Additionally, the Court enjoins all Settlement Class Members 24 from asserting or maintaining any claims to be released by the Settlements until the date of the 25 Final Approval Hearing. 26 VII. Objection 27 Any Settlement Class Member may comment on or object to any aspect of the proposed 28 Settlement(s) applicable to a Settlement Class to which the Settlement Class Member belongs or [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 6 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 the associated Attorneys’ Fees Motion, either on his or her own or through an attorney hired at his

2 or her expense, by following the procedures set forth herein. These procedures and requirements 3 are intended to ensure the efficient administration of justice and the orderly presentation of any 4 Class Member’s objection to any of the Settlements to which he or she is a part, in accordance 5 with the due process rights of all Settlement Class Members. 6 Any Settlement Class Member who wishes to comment on or object to any of the 7 Settlements or Attorneys’ Fees Motion applicable to a Settlement Class to which the Settlement 8 Class Member belongs must do so in writing. To be considered, any comment on or objection to

9 any of the Settlements or Fee Motion must be mailed, postmarked no later than the Objection 10 Deadline set forth below, to the Court at the following address: Class Action Clerk, United 11 States District Court for the Northern District of California, 450 Golden Gate Avenue, San 12 Francisco, CA 94102. It must also include the following information: 13 (a) the case names and numbers (McDonald v. Kiloo A/S, Case No. 3:17-cv-04344-JD, 14 Rushing v. The Walt Disney Company, Case No.: 3:17-cv-04419-JD); Rushing v.

15 Viacom, Inc., Case No.: 3:17-cv-04492-JD); 16 (b) the name, mailing address, e-mail address, and signature of the Settlement Class 17 Member and, if represented by counsel, of his or her counsel; 18 (c) the specific aspect of the Settlement(s) or Fee Motion to which the Settlement 19 Class Member objects or wishes to comment upon, along with any legal support 20 the Settlement Class Member wishes to bring to the Court’s attention and any 21 evidence the Settlement Class Member wishes to introduce; and

22 (d) a statement of membership in the Settlement Class(es) that clearly identifies that 23 his or her child(ren) played one of the Gaming Apps and identifies which Gaming 24 App(s) his or her child(ren) played and to which Settlement Class(es) the 25 Settlement Class Member purports to belong. 26 Settlement Class Members who have timely commented on or objected to any of the 27 Settlements in writing may also appear at the Final Approval Hearing in person or by counsel and 28 be heard, to the extent allowed by the Court, either in support of or in opposition to the matters to [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 7 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 be considered at the hearing. Any Settlement Class Member who wishes to appear at the Final

2 Approval Hearing must submit a Notice of Intention to Appear along with their written comment 3 or objection. If a Settlement Class Member intends to appear at the Final Approval Hearing 4 through counsel, the Notice of Intention to Appear must also identify all attorneys who will 5 appear at the Final Approval Hearing. 6 Any Settlement Class Member who does not timely submit such a written comment or 7 objection will not be permitted to raise such comment or objection or appear at the Final 8 Approval Hearing, except for good cause shown, and any Settlement Class Member who fails to

9 object in the manner prescribed by this Order will be deemed to have waived, and will be 10 foreclosed from raising, any such comment or objection, except for good cause shown. The 11 Court will only require substantial compliance with the requirements for submitting an objection. 12 VIII. Scheduling Order 13 The following table summarizes all relevant dates and deadlines set forth in this Order, to 14 which the parties will adhere unless otherwise ordered by the Court:

15 Date Event 16 No later than ten (10) business days following Notice shall be posted on the Class Settlement the entry of this Order Website, along with all relevant Court orders 17 in the Actions. 18 No later than 65 calendar days before the Deadline for Plaintiffs to file Final Approval Final Approval Hearing Motion and Attorneys’ Fees Motion 19 No later than 30 calendar days before the Objection Deadline 20 Final Approval Hearing Deadline to respond to Objections 21 No later than 15 calendar days before the Final Approval Hearing 22 ______, 2020, at __:__ a.m. Final Approval Hearing (at least 100 days after the date the Preliminary Approval 23 Motion is filed, see 28 U.S.C. § 1715(d)) 24 Upon application of the parties and good cause shown, the deadlines set forth in this 25 Preliminary Approval Order may be extended by order of the Court without further notice to the 26 Settlement Classes. Settlement Class Members must check the Class Settlement Website 27 regularly for updates and further details regarding extensions of these deadlines. 28 [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 8 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD

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1 IX. Other Provisions

2 In the event the Court does not grant final approval of one of the Settlements, or for any 3 reason the parties fail to obtain a Final Judgment as contemplated by the Settlements, or any of 4 the Settlements are terminated pursuant to their terms for any reason, then any such Settlement 5 and all orders and findings entered in connection with that or those Settlement(s) shall become 6 null and void and be of no further force and effect whatsoever, shall not be used or referred to for 7 any purpose whatsoever, and shall not be admissible or discoverable in this or any other 8 proceeding.

9 This Order shall not be construed or used as an admission, concession, or declaration by 10 or against any of the Defendants of any fault, wrongdoing, breach, or liability, and shall not be 11 deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law 12 regarding any request for class certification, in any other action or proceeding, whether or not 13 involving the same or similar claims. Nor shall this Order be construed or used as an admission, 14 concession, or declaration by or against Plaintiffs or the other Settlement Class Members that

15 their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as 16 a waiver by any party of any defenses or claims he, she, or it may have in the Actions or in any 17 other proceeding. 18 Class Counsel and Defense Counsel are hereby authorized to use all reasonable 19 procedures in connection with the approval and administration of the Settlements that are not 20 materially inconsistent with this Preliminary Approval Order or the Settlements applicable to 21 their respective clients, including making, without further approval of the Court, minor

22 corrections or non-substantive changes to the form or content of the Notice that they jointly agree 23 is reasonable or necessary. 24 IT IS SO ORDERED. 25 26 Dated: ______HON. JAMES DONATO 27 United States District Judge 28 [PROPOSED] ORDER GRANTING PLAINTIFFS’ - 9 - MOTION FOR PRELIMINARY APPROVAL 1986842.14 CASE NOS.: 3:17-CV-04344-JD (L); 3:17-CV-4419-JD and 3:17-CV-4492-JD