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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 1 of 62 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 IN RE: LITHIUM ION BATTERIES Case No. 13-md-02420-YGR ANTITRUST LITIGATION 12 MDL No. 2420 13 This Document Relates To: FINAL JUDGMENT OF DISMISSAL 14 WITH PREJUDICE AS TO DEFENDANT ALL DIRECT PURCHASER ACTIONS TOSHIBA CORPORATION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT TOSHIBA CORPORATION— Case No. 13-md-02420-YGR Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 2 of 62 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 Defendant Toshiba Corporation 3 (“Toshiba”), set forth in the parties’ settlement agreement dated March 15, 2017, in the above- 4 captioned litigation. The Court, after carefully considering all papers filed and proceedings held 5 herein and otherwise being fully informed, has determined (1) that the settlement agreement should 6 be approved, and (2) that there is no just reason for delay of the entry of this Final Judgment 7 approving the settlement agreement. Accordingly, the Court directs entry of Final Judgment which 8 shall constitute a final adjudication of this case on the merits as to the parties to the settlement 9 agreement. Good cause appearing therefor, it is ORDERED, ADJUDGED, AND DECREED 10 THAT: 11 1. The Court has jurisdiction over the subject matter of this litigation, and the Actions 12 within this litigation and over the parties to the settlement agreement, attached hereto as Exhibit 1, 13 including all members of the settlement class and the Defendants. 14 2. For purposes of this Final Judgment, except as otherwise set forth herein, the Court 15 adopts and incorporates the definitions contained in the settlement agreement, to the extent not 16 contradictory or mutually exclusive. 17 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, after a hearing, the 18 Court hereby finally approves and confirms the settlement set forth in the settlement agreement and 19 finds that said settlement is, in all respects, fair, reasonable and adequate to the settlement class. 20 4. Those persons and entities identified in the list attached hereto as Exhibit 2 are 21 validly excluded from the settlement class. Such persons and entities are not included in or bound 22 by this Final Judgment. Such persons/entities are not entitled to any recovery of the settlement 23 proceeds obtained in connection with the settlement agreement. 24 5. This Court hereby dismisses on the merits and with prejudice the Action in favor of 25 Toshiba, with each party to bear their own costs and attorneys’ fees, except as provided in the 26 settlement agreement. 27 6. The Releasors are hereby barred and enjoined from commencing, prosecuting, or 28 continuing, either directly or indirectly, against Toshiba, in this or any other jurisdiction, any and 1 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT TOSHIBA CORPORATION— Case No. 13-md-02420-YGR Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 3 of 62 1 all claims, causes of action or lawsuits, which they had, have, or in the future may have, arising out 2 of or related to any of the Released Claims as defined in the settlement agreement. 3 7. Any member of the settlement class who failed to timely and validly request to be 4 excluded from the settlement class shall be subject to and bound by the provisions of the settlement 5 agreement, the Released Claims contained therein, and this Final Judgment with respect to all 6 Released Claim, regardless of whether such members of the settlement class seek or obtain any 7 distribution from the Gross Settlement Fund or the Net Settlement Fund. 8 8. The Releasees are hereby and forever released from all Released Claims as defined 9 in the settlement agreement. 10 9. Without affecting the finality of the Final Judgment in any way, this Court hereby 11 retains continuing jurisdiction over: (a) implementation of the settlement agreement and any 12 distribution to settlement class members pursuant to further orders of this Court; (b) disposition of 13 the Gross Settlement Fund; (c) hearing and determining applications by plaintiffs for attorneys’ 14 fees, costs, expenses, and interest; (d) the Actions until the Final Judgment has become effective 15 and each and every act agreed to be performed by the parties all have been performed pursuant to 16 the settlement agreement; (e) hearing and ruling on any matters relating to the plan of allocation of 17 settlement proceeds; and (f) the parties to the settlement agreement for the purpose of enforcing 18 and administering the settlement agreement and the mutual releases contemplated by, or executed 19 in connection with the settlement agreement. 20 10. In the event that the settlement does not become effective in accordance with the 21 terms of the settlement agreement, then the Final Judgment shall be rendered null and void and 22 shall be vacated, and in such event, all orders entered and releases delivered in connection 23 herewith shall be null and void and the parties shall be returned to their respective positions ex 24 ante. 25 11. The Court finds, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, 26 that Final Judgment should be entered and further finds that there is no just reason for delay in the 27 entry of Final Judgment as to the parties to the settlement agreement. Accordingly, the Clerk is 28 hereby directed to enter Final Judgment forthwith for Defendant Toshiba. 2 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT TOSHIBA CORPORATION— Case No. 13-md-02420-YGR Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 4 of 62 1 IT IS SO ORDERED. 2 3 Dated: _____________________September 5, 2017 ________________________________ Hon. Yvonne Gonzalez Rogers 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT TOSHIBA CORPORATION— Case No. 13-md-02420-YGR Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 5 of 62 EXHIBIT 1 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 6 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 7 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 8 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 9 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 10 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 11 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 12 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 13 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 14 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 15 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 16 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 17 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 18 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 19 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 20 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 21 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 22 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 23 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 24 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 25 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 26 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 27 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 28 of 62 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 29 of 62 EXHIBIT 2 Case 4:13-md-02420-YGR Document 1947 Filed 09/05/17 Page 30 of 62 In re: Lithium Ion Batteries Antitrust Litigation Report on Exclusions Received - Toshiba Monday August 28, 2017 No. Entity Subsidiaries/Affiliates Postmark 1 ACER INC 5/8/2017 2 ACER AMERICA CORPORATION 5/8/2017 3 GATEWAY INC 5/8/2017 4 GATEWAY US RETAIL INC 5/8/2017 5 GORDON AMAN 5/9/2017 6 GEORGE S GEIGER 5/9/2017 7 HYON YOM 5/10/2017 8 BLACKBERRY LIMITED 5/10/2017 9 BLACKBERRY CORPORATION 5/10/2017 10 BLACKBERRY SINGAPORE 5/10/2017 11 BLACKBERRY UK 5/10/2017 12 SARAH BRAVO 5/11/2017 13 MICHAEL AUGUSTINI 5/12/2017 14 PHILIP SNYDER 5/12/2017 15 NADINE LANGIN 5/12/2017 16 MARY FLORO 5/13/2017 17 GEORGE PATTERSON 5/13/2017 18 HUGH WRIGHT 5/13/2017 19 SHIRLEY RAMEY 5/13/2017 20 DONALD MICHAEL 5/13/2017 21 TOMMIE WINDHAM 5/13/2017 22 RUSTY JEWETT 5/13/2017 23 JOY DERTHICK 5/15/2017 24 NETTIE LEWIS 5/15/2017 25 KEVIN CHRISTMAN 5/15/2017 26 ESTATE OF DIANNE SHELLY 5/15/2017 27 KATHY MACH 5/15/2017 28 CATHERINE RAMBO 5/15/2017 29 JOAN BLUESTONE 5/15/2017 30 MARIA DIAZ 5/15/2017 31 PATRICIA DEIKE 5/15/2017 32 SANDRA W.
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