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Motion for Final Approval of Settlement.Pdf 1 Rob Bonta Attorney General of California 2 Renuka George Senior Assistant Attorney General 3 Emilio Varanini (SBN 163952) Supervising Deputy Attorney General 4 Malinda Lee (SBN 263806) Justin J. Lowe (SBN 223847) 5 Deputy Attorneys General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Tel 415.510.3541 / Fax 415.703.5480 7 Email: [email protected] Attorneys for Plaintiff, People of the State of 8 California 9 Richard L. Grossman (SBN 112841) Philip L. Pillsbury Jr. (SBN 072261) 10 Pillsbury & Coleman, LLP 100 Green Street 11 San Francisco, CA 94111 Tel 415.433.8000 / Fax 415.433.4816 12 Email: [email protected] Lead Counsel for Plaintiff UFCW & Employers Benefit 13 Trust and the Class (Additional Counsel not listed) 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 FOR THE COUNTY OF SAN FRANCISCO 16 UFCW & Employers Benefit Trust, on behalf Case No: CGC 14-538451 17 of itself and all others similarly situated, Consolidated with Plaintiff, 18 Case No. CGC-18-565398 vs. PLAINTIFFS’ JOINT MOTION FOR FINAL 19 Sutter Health, et al., APPROVAL OF SETTLEMENT; NOTICE OF Defendants. MOTION; MEMORANDUM OF POINTS 20 AND AUTHORITIES IN SUPPORT 21 People of the State of California, ex rel. Date: July 19, 2021 22 Xavier Becerra, Plaintiff, Time: 9:15 a.m. 23 vs. Dept: 304 24 Sutter Health, Judge: Hon. Anne-Christine Massullo 25 Defendant Action Filed: April 7, 2014 26 UNREDACTED – MAY NOT BE 27 EXAMINED WITHOUT COURT ORDER CONTAINS MATERIALS FROM 28 CONDITIONALLY SEALED RECORD PLAINTIFFS’ JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT - Case No. CGC 14-538451 1 NOTICE OF MOTION AND MOTION 2 To the Court, the parties, and counsel of record: 3 Please take notice that, on July 19, 2021, at 9:15 a.m., in Department 304 of the Superior 4 Court, County of San Francisco, 400 McAllister Street, San Francisco, California 94102, Plaintiffs 5 UFCW & Employers Benefit Trust and the Plaintiff Class and the People of the State of California 6 will and hereby do move jointly for an order finally approving the settlement in this case. 7 This motion is based on the accompanying Memorandum of Points and Authorities, the 8 supporting declarations of Emilio Varanini, Matthew Ruan, Cameron Azari, Martin Gaynor, 9 Ph.D., Gregory Vistnes, Ph.D., the pleadings and documents on file in this action, and any 10 argument and evidence the Court may permit at the hearing. 11 12 Dated: April 28, 2021 /s/ Malinda Lee 13 Malinda Lee 14 Attorneys for the People of the State of California 15 16 Dated: April 28, 2021 /s/ Richard Grossman 17 Richard Grossman Lead Counsel for Plaintiff Class 18 19 20 21 22 23 24 25 26 27 28 2 PLAINTIFFS’ JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT - Case No. CGC 14-538451 1 Table of Contents 2 I. INTRODUCTION ............................................................................................................... 10 3 II. BACKGROUND ................................................................................................................. 11 A. Procedural History ................................................................................................... 11 4 B. The Settlement Provides Extraordinary Relief to the Class. ................................... 13 1. The $575,000,000 All-Cash Recovery is Very Substantial. ....................... 13 5 2. The Injunctive Relief Will Significantly Benefit Class Members and Millions of Healthcare Consumers in Northern California. ........................ 13 6 3. The Settlement was Negotiated at Arm’s Length by Experienced Counsel. ....................................................................................................... 15 7 C. Notice of Settlement ................................................................................................ 16 D. Plan of Allocation .................................................................................................... 17 8 III. LEGAL STANDARD ......................................................................................................... 18 9 IV. THE COURT SHOULD ORDER FINAL APPROVAL OF THE SETTLEMENT .......... 19 10 A. The Settlement’s Value Weighs Strongly in Favor of Final Approval. .................. 19 1. The Monetary Relief Obtained is More than Adequate. ............................. 20 11 2. Comprehensive and Effective Injunctive Relief Benefiting Class Members and Millions of Healthcare Consumers Supports Final 12 Approval. ..................................................................................................... 21 3. The California Attorney General’s Participation in Settlement 13 Negotiations Supports a Finding That the Injunctive Relief Serves the Public Interest and Weighs Heavily in Favor of Final Approval. ......... 22 14 B. The Novelty of Plaintiffs’ Case and the Risks of Continued Litigation Support the Conclusion that the Settlement is Reasonable. .................................... 22 15 1. The Novelty of Plaintiffs’ Case ................................................................... 22 2. Risk and Expense of Continued Litigation ................................................. 24 16 C. The Settlement is Presumptively Fair Given the Circumstances of the Negotiations. ........................................................................................................... 26 17 1. The Settlement was Negotiated at Arm’s Length, in Protracted Negotiations, with the Assistance of an Experienced, Highly 18 Regarded Mediator. ..................................................................................... 26 2. The Settlement was Negotiated by Experienced Counsel. .......................... 27 19 3. The Settlement was Reached Following Extensive Litigation and Discovery. ................................................................................................... 27 20 V. THE COURT SHOULD APPROVE THE PLAN OF ALLOCATION ............................. 28 21 VI. CONCLUSION ................................................................................................................... 29 22 23 24 25 26 27 28 3 PLAINTIFFS’ JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT - Case No. CGC 14-538451 1 TABLE OF AUTHORITIES 2 Page(s) CASES 3 7-Eleven Owners for Fair Franchising v. Southland Corp., 4 85 Cal. App. 4th 1135 (Cal. Ct. App. 2000) ........................................................................19, 27 5 In re Am. Bank Note Holographics, Inc., 127 F. Supp. 2d 418 (S.D.N.Y. 2001) ........................................................................................25 6 In re Anthem, Inc. Data Breach Litig., 7 327 F.R.D. 299 (N.D. Cal. 2018) ...................................................................................20, 21, 26 In re Biolase, Inc. Sec. Litig., 8 No. SACV-13-1300, 2015 WL 12720318 (C.D. Cal. Oct. 13, 2015) ........................................29 9 Carlin v. DairyAmerica, Inc., 380 F. Supp. 3d 998 (E.D. Cal. 2019) ........................................................................................19 10 In re: Cathode Ray Tube (CRT) Antitrust Litig., 11 2015 WL 9266493 (N.D. Cal. Dec. 17, 2015) ...........................................................................28 12 Chavez v. Netflix, Inc., 162 Cal. App. 4th 43 (Cal. Ct. App. 2008) ..........................................................................18, 26 13 Dunk v. Ford Motor Co., 14 48 Cal. App. 4th 1794 (Cal. Ct. App. 1996), as modified (Sept. 30, 1996) ...............................19 In re Evanston Nw. Corp. Antitrust Litig., 15 No. 07-cv-04446, 2013 WL 6490152 (N.D. Ill. Dec. 10, 2013) ................................................23 16 In re Ikon Office Sols., Inc., 194 F.R.D. 166 (E.D. Pa. 2000) .................................................................................................25 17 Kullar v. Foot Locker Retail, Inc., 18 168 Cal. App. 4th 116 (Cal. Ct. App. 2008) ........................................................................24, 27 19 Low v. Trump Univ., LLC, 246 F. Supp. 3d 1295 (S.D. Cal. 2017), aff’d, 881 F.3d 1111 (9th Cir. 2018) ..........................27 20 In re Lithium Ion Batteries Antitrust Litig., 21 No. 13-md-02420, 2020 WL 7264559 (N.D. Cal. Dec. 10, 2020) ............................................29 In re Microsoft I-V Cases, 22 135 Cal. App. 4th 706 (Cal. Ct. App. 2006) ........................................................................18, 19 23 Montoya v. PNC Bank, N.A., 14-20474-CIV, 2016 WL 1529902 (S.D. Fla. Apr. 13, 2016) ...................................................21 24 In re Omnivision Techs., Inc., 25 559 F. Supp. 2d 1036 (N.D. Cal. 2008) ...............................................................................28, 29 26 In re Payment Card Interchange Fee & Merch. Disc. Antitrust Litig., 330 F.R.D. 11 (E.D.N.Y. 2019) .................................................................................................24 27 Rieckborn v. Velti PLC, 28 2015 WL 468329 (N.D. Cal. Feb. 3, 2015) ................................................................................28 4 PLAINTIFFS’ JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT - Case No. CGC 14-538451 1 Rodriguez v. West Publ’g Corp., 563 F.3d 948 (9th Cir. 2009) ......................................................................................................20 2 S.E.C. v. Randolph, 3 736 F.2d 525 (9th Cir. 1984) ......................................................................................................22 4 In re Sept. 11 Litig., 723 F. Supp. 2d 534 (S.D.N.Y. 2010) ........................................................................................24
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