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Sony Settlement - Court Order

Sony Settlement - Court Order

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Published by GameInformerMike
Court order for Sony's settlement.
Court order for Sony's settlement.

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Categories:Types, Legal forms
Published by: GameInformerMike on Jul 24, 2014
Copyright:Traditional Copyright: All rights reserved


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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIAIn re:SONY GAMING NETWORKS ANDCUSTOMER DATA SECURITYBREACH LITIGATIONTHIS DOCUMENT PERTAINS TO: ALL ACTIONS )))))))))Civil No.11md2258 AJB (MDD)ORDER GRANTING PLAINTIFFS’MOTION FOR PRELIMINARYAPPROVAL OF CLASS ACTIONSETTLEMENT (Doc. No. 190)Presently before the Court is a motion by Representative Plaintiffs ScottLieberman, Kyle Johnson, Arthur Howe, Adam Schucher, Rebecca Mitchell, Christopher Wilson, James Wright, Robert Bova, Christian Kalled, Christopher Munsterman, andTimothy Whyland requesting the Court to enter an Order: (1) preliminarily certifying aclass under Federal Rule of Civil Procedure 23(b)(3) for settlement purposes only; (2) preliminarily approving the Settlement Agreement, dated April 18, 2014, together withthe Exhibits and Amendment thereto (the “Settlement Agreement”); (3) appointing Co-Lead Settlement Counsel for the Settlement Class; (4) approving the summary form of notice (“Summary Notice”) and the long form of notice (“Notice”), attached to theSettlement Agreement as Exhibits B and C; (5) appointing Kinsella Media, LLC as Notice Specialist and Rust Consulting, Inc., as Claims Administrator; and (6) approvingthe proof of claim forms attached to the Settlement Agreement as Exhibits D-1 throughD-4 (“Proof of Claim Forms”).
11md2258 AJB (MDD)
Having reviewed and considered the Settlement Agreement, the motion for  preliminary approval of the Settlement Agreement, and having heard and considered theargument of counsel, the Court GRANTS Plaintiffs’ motion for preliminary approval,makes the following findings, and grants the relief set forth below. Terms and phrases inthis Order will have the same meaning as defined in the Settlement Agreement.IT IS HEREBY ORDERED THAT:1.A Plaintiff class is certified for Settlement purposes only in accordance withthe terms of the Settlement Agreement (the “Settlement Class”). The Settlement Class isdefined as:[A]ll Persons residing in the United States who had aPlayStation Network account or sub-account, a Qriocity ac-count, or a Sony Online Entertainment account at any time prior to May 15, 2011 (referred to herein as “PSN Accountholders,”“Qriocity Accountholders,” and “SOE Accountholders” respec-tively). Excluded from the definition of Settlement Class arethe Sony Entities and their officers and directors, and thosePersons who timely and validly request exclusion from theSettlement Class.“Settlement Class Member(s)” means a Person(s) who falls within the definition of the Settlement Class. “United States” includes the District of Columbia and all territoriesof the United States. The “Sony Entities” means, collectively, Sony Computer Entertain-ment America LLC, Sony Network Entertainment International LLC, Sony Network Entertainment America Inc., and Sony Online Entertainment LLC.
As set forth in the Settlement Agreement, if the Court does not grant final approvalof the Settlement, or if the Settlement is terminated in accordance with its terms, theSettlement Agreement and the certification of the Settlement Class will be vacated. If this occurs, the litigation will proceed as though the Settlement Class had never beencertified, without prejudice to any parties’ position on the issue of class certification or any other issue.
 Sony Network Entertainment America, Inc. merged into Sony Network Entertainment International LLC on September 30, 2011
11md2258 AJB (MDD)
2.The Court finds, based on the terms of the Settlement described in theSettlement Agreement, that:a.There are questions of law and fact common to the Settlement Class; b.The claims of Representative Plaintiffs are typical of the claims of members of the Settlement Class;c.The Settlement Class is so numerous that joinder of all members isimpracticable;d.Representative Plaintiffs and Co-Lead Settlement Class Counsel willfairly and adequately represent the interests of the Settlement Class, and there are noconflicts of interest between Representative Plaintiffs and members of the SettlementClass; e.Questions of law and fact common to Settlement Class Members predominate over any questions affecting only individual members of the SettlementClass; andf.Certification of the Settlement Class is superior to other methods for the fair and efficient adjudication of this controversy.3.Accordingly, the Court hereby certifies the Settlement Class, for settlement purposes only, pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure.4.The Court preliminarily approves the Settlement set forth in the SettlementAgreement as fair, reasonable, and adequate within the meaning of Rule 23 of the FederalRules of Civil Procedure and the Class Action Fairness Act of 2005 (“CAFA”), subject tofinal consideration at the Final Fairness Hearing provided for below.5.Scott Lieberman, Kyle Johnson, Arthur Howe, Adam Schucher, RebeccaMitchell, Christopher Wilson, James Wright, Robert Bova, Christian Kalled, Christopher Munsterman, and Timothy Whyland are appointed as representatives of the SettlementClass (“Representative Plaintiffs”). The members of the Plaintiffs’ Steering Committee(Ben Barnow, Barnow and Associates, P.C.; Paul J. Geller, Robbins Geller Rudman &Dowd LLP; Timothy G. Blood, Blood Hurst & O'Reardon, LLP; Gayle M. Blatt, Casey
11md2258 AJB (MDD)

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