Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
20Activity
0 of .
Results for:
No results containing your search query
P. 1
Order for Preliminary Approval of ATT, iPad Class Action

Order for Preliminary Approval of ATT, iPad Class Action

Ratings: (0)|Views: 861,697 |Likes:
Published by jeff_roberts881
calendar
calendar

More info:

Published by: jeff_roberts881 on Sep 27, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

09/30/2013

pdf

text

original

 
12345678910111213141516171819202122232425262728[] PRELIMINARY APPROVAL ORDER CASE NO. 5:10-CV-02553 RMWUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIASAN JOSE DIVISIONIn Re Apple and AT&T iPad UnlimitedData Plan LitigationALL CONSOLIDATED ACTIONSCase No. 5:10-cv-02553 RMW
[] ORDER GRANTINGCONDITIONAL CERTIFICATIONOF AN ATTM NON-SUBSCRIBER SETTLEMENT CLASS, APPROVAL OFFORMS AND METHODSOF NOTICE, AND PRELIMINARYAPPROVAL OF SETTLEMENT
Judge: Hon. Ronald M. Whyte
(),/('
Case5:10-cv-02553-RMW Document188 Filed09/26/13 Page1 of 9
 
12345678910111213141516171819202122232425262728[] PRELIMINARY APPROVAL ORDER CASE NO. 5:10-CV-02553 RMW
1
WHEREAS, this Court has reviewed the Stipulation of Settlement (“Agreement”)entered into by and among defendant AT&T Mobility LLC (“ATTM”) and plaintiff JoeHanna, as an individual and as “Class Representative” (collectively the “Parties” in theabove-referenced “Action”), together with all exhibits thereto, the record in this Action,and the arguments of counsel;WHEREAS, this Court preliminarily finds, for the purposes of settlement only,that the class alleged in the Action meets all the prerequisites of Federal Rules of CivilProcedure Rule 23 for class certification, including numerosity, commonality, typicality,ascertainability, predominance of common issues, superiority, and that the ClassRepresentative and Class Counsel are adequate representatives of the ATTM Non-Subscriber Settlement Class;IT IS HEREBY ORDERED AS FOLLOWS:1.
 
Except as otherwise specifically provided, all terms and definitions usedherein have the same meanings as set forth in the Agreement.2.
 
The Court has jurisdiction over the subject matter of the Action, the ClassRepresentative, the ATTM Non-Subscriber Settlement Class Members, and ATTM, andvenue is proper in this District.3.
 
The proposed settlement set forth in the Agreement is hereby preliminarilyapproved as being fair, reasonable, and adequate such that notice thereof should be givento members of the ATTM Non-Subscriber Settlement Class (as defined in the following paragraph).4.
 
The Action is provisionally certified as a class action, for the purposes of settlement only, pursuant to Rule 23(b)(3), which class (the “ATTM Non-Subscriber Settlement Class”) is defined as follows:All persons in the United States who purchased or ordered anApple iPad 3G on or before June 7, 2010 but who did not signup for or purchase an ATTM data plan for that iPad 3G at anytime. Excluded from this Class are Apple; ATTM; any entity inwhich ATTM or Apple has a controlling interest; ATTM and
Case5:10-cv-02553-RMW Document188 Filed09/26/13 Page2 of 9
 
12345678910111213141516171819202122232425262728[] PRELIMINARY APPROVAL ORDER CASE NO. 5:10-CV-02553 RMW
2
Apple’s directors and officers; Apple’s employees; and ATTMand Apple’s legal representatives, successors, and assigns5.
 
Certification of the ATTM Non-Subscriber Settlement Class shall be solelyfor settlement purposes and without prejudice to the Parties in the event that theAgreement is not finally approved by this Court or otherwise does not take effect.Certification of the ATTM Non-Subscriber Settlement Class shall be vacated and shallhave no effect in the event that the Agreement is not finally approved by this Court or otherwise does not take effect.6.
 
Class Counsel and the Class Representative are hereby found to be and aretherefore appointed as adequate representatives of the ATTM Non-Subscriber SettlementClass: Michael W. Sobol and Roger N. Heller, Lieff Cabraser Heimann & Bernstein,LLP, 275 Battery Street, 29th Floor, San Francisco, CA 94111. Joe Hanna is herebyappointed as Class Representative.7.
 
The Court hereby appoints Kurtzman Carson Consultants LLC (“KCC” or “Settlement Administrator”) to serve as the Settlement Administrator, and directs KCC tocarry out all duties and responsibilities of the Settlement Administrator specified in theAgreement.8.
 
The Court finds that the forms of notice to the ATTM Non-Subscriber Settlement Class regarding the pendency of the Action, this settlement, and ClassCounsel’s fee and expense application, attached to the Agreement as Exhibits A throughD, and the methods for disseminating notice to members of the ATTM Non-Subscriber Settlement Class in accordance with the terms of the Agreement and this Order,constitute the best notice practicable under the circumstances and constitute valid, due,and sufficient notice to all members of the ATTM Non-Subscriber Settlement Class,complying fully with all requirements, including Federal Rule of Civil Procedure 23 anddue process.
Case5:10-cv-02553-RMW Document188 Filed09/26/13 Page3 of 9

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->