Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 1 of 57 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 NEC CORPORATION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT NEC CORPORATION— Case No. 13-md-02420-YGR Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 2 of 57 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 NEC Corporation 3 (“NEC”), set forth in the parties’ settlement agreement dated April 4, 2016, in the above-captioned 4 litigation. The Court, after carefully considering all papers filed and proceedings held herein and 5 otherwise being fully informed, has determined (1) that the settlement agreement should be 6 approved, and (2) that there is no just reason for delay of the entry of this Judgment approving the 7 settlement agreement. Accordingly, the Court directs entry of Judgment which shall constitute a 8 final adjudication of this case on the merits as to the parties to the settlement agreement. Good 9 cause appearing therefor, it is ORDERED, ADJUDGED, AND DECREED THAT: 10 1. The Court has jurisdiction over the subject matter of this litigation, and the Actions 11 within this litigation and over the parties to the settlement agreement, attached hereto as Exhibit 1, 12 including all members of the settlement class and the Defendants. 13 2. For purposes of this Judgment, except as otherwise set forth herein, the Court adopts 14 and incorporates the definitions contained in the settlement agreement, to the extent not 15 contradictory or mutually exclusive. 16 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, after a hearing, the 17 Court hereby finally approves and confirms the settlement set forth in the settlement agreement and 18 finds that said settlement is, in all respects, fair, reasonable and adequate to the settlement class. 19 4. Those persons/entities identified in the list attached hereto as Exhibit 2 are validly 20 excluded from the settlement class. Such persons/entities are not included in or bound by this 21 Judgment. Such persons/entities are not entitled to any recovery of the settlement proceeds 22 obtained in connection with the settlement agreement. 23 5. This Court hereby dismisses on the merits and with prejudice the Action in favor of 24 Defendant NEC, with each party to bear their own costs and attorneys’ fees, except as provided in 25 the settlement agreement. 26 6. All persons and entities who are Releasors are hereby barred and enjoined from 27 commencing, prosecuting, or continuing, either directly or indirectly, against the NEC Releasees, 28 in this or any other jurisdiction, any and all claims, causes of action or lawsuits, which they had, 1 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT NEC CORPORATION— Case No. 13-md-02420-YGR Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 3 of 57 1 have, or in the future may have, arising out of or related to any of the Released Claims as defined 2 in the settlement agreement. 3 7. The NEC Releasees are hereby and forever released from all Released Claims as 4 defined in the settlement agreement. 5 8. Without affecting the finality of the Judgment in any way, this Court hereby retains 6 continuing jurisdiction over: (a) implementation of the settlement agreement and any distribution 7 to settlement class members pursuant to further orders of this Court; (b) disposition of the Gross 8 Settlement Fund; (c) hearing and determining applications by plaintiffs for attorneys’ fees, costs, 9 expenses, and interest; (d) the Actions until the Final Judgment has become effective and each and 10 every act agreed to be performed by the parties all have been performed pursuant to the settlement 11 agreement; (e) hearing and ruling on any matters relating to the plan of allocation of settlement 12 proceeds; and (f) the parties to the settlement agreement for the purpose of enforcing and 13 administering the settlement agreement and the mutual releases contemplated by, or executed in 14 connection with the settlement agreement. 15 9. In the event that the settlement does not become effective in accordance with the 16 terms of the settlement agreement, then the Judgment shall be rendered null and void and shall be 17 vacated, and in such event, all orders entered and releases delivered in connection herewith shall 18 be null and void and the parties shall be returned to their respective positions ex ante. 19 10. The Court finds, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, 20 that Judgment should be entered and further finds that there is no just reason for delay in the entry 21 of Judgment as to the parties to the settlement agreement. Accordingly, the Clerk is hereby 22 directed to enter Judgment forthwith for Defendant NEC. 23 IT IS SO ORDERED. 24 25 Dated: _____________________September 5, 2017 ________________________________ Hon. Yvonne Gonzalez Rogers 26 United States District Judge 27 28 2 FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT NEC CORPORATION— Case No. 13-md-02420-YGR Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 4 of 57 EXHIBIT 1 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 5 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 6 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 7 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 8 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 9 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 10 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 11 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 12 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 13 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 14 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 15 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 16 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 17 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 18 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 19 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 20 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 21 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 22 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 23 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 24 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 25 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 26 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 27 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 28 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 29 of 57 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 30 of 57 EXHIBIT 2 Case 4:13-md-02420-YGR Document 1943 Filed 09/05/17 Page 31 of 57 In re: Lithium Ion Batteries Antitrust Litigation Report on Exclusions Received - NEC 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 TOMMIE WINDHAM 5/13/2017 21 RUSTY JEWETT 5/13/2017 22 JOY DERTHICK 5/15/2017 23 NETTIE LEWIS 5/15/2017 24 KEVIN CHRISTMAN 5/15/2017 25 ESTATE OF DIANNE SHELLY 5/15/2017 26 KATHY MACH 5/15/2017 27 CATHERINE RAMBO 5/15/2017 28 JOAN BLUESTONE 5/15/2017 29 MARIA DIAZ 5/15/2017 30 PATRICIA DEIKE 5/15/2017 31 SANDRA W. KLUTH 5/16/2017 32 ART GONZALES 5/16/2017 33 ROBERT MCGRATH 5/16/2017 34 FREDERICK MILLER 5/16/2017 35 AMANDA WITHROW 5/16/2017 36 GREGG BAKER 5/16/2017 37 CHARLES WOLLASTON 5/16/2017 38 BONNIE MUHL 5/17/2017 39 WAYNE HILCHEN 5/17/2017 40 GRANT COUNTY 5/17/2017 41 TROY LANGLIE 5/17/2017 42 EDITH C.