EXHIBIT 1
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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA
_________________________________________ )STANFORD GLABERSON,
et. al.
, )) Civil Action No. 03-6604(JP)Plaintiffs, )v. ) The Honorable John R. Padova)COMCAST CORPORATION,
et. al.
, ))Defendants. ))
CLASS ACTION SETTLEMENT AGREEMENTTHIS AGREEMENT
(the “Settlement Agreement” or “Agreement”) is made and enteredinto this 28th day of October, 2014 (the “Execution Date”), by and between Defendants ComcastCorporation, Comcast Holdings Corporation, Comcast Cable Communications Inc., ComcastCable Communications Holdings Inc. and Comcast Cable Holdings LLC (collectively“Comcast”), and Plaintiff Stanford Glaberson (“Plaintiff”), individually and as representative of others similarly situated, which constitute the Philadelphia Settlement Class as defined below,acting by and through their undersigned counsel.
R E C I T A L SWHEREAS,
on December 8, 2003, Stanford Glaberson, Caroline Behrend, and other plaintiffs filed a class action complaint in this Court captioned
Behrend v. Comcast Corp.
, No.2:03-cv-06604-JP (E.D. Pa.) (the “Action”), alleging, among other things, that Defendantsunlawfully divided and allocated markets and engaged in other conduct in violation of Sections 1and 2 of the Sherman Act (15 U.S.C. §§ 1 & 2) in the Philadelphia, Pennsylvania area;
WHEREAS
, on February 20, 2004, Stanford Glaberson, Caroline Behrend, JoanEvanchuk-Kind, Eric Brislawn and other plaintiffs filed an Amended Class Action Complaint and,
Case 2:03-cv-06604-JP Document 608-2 Filed 10/28/14 Page 2 of 85
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2on May 17, 2004, a Second Amended Class Action Complaint in the Action alleging, among other things, that Defendants had also unlawfully divided and allocated markets and engaged in other conduct in violation of Sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1 & 2) in the Chicago,Illinois area;
WHEREAS,
on May 23, 2006, Stanford Glaberson, Caroline Behrend, JoanEvanchuk-Kind, Eric Brislawn, and other plaintiffs filed a Third Amended Consolidated ClassAction Complaint alleging, as in their prior complaints, claims on behalf of two classes (the“Philadelphia Class” and the “Chicago Class”) for treble damages and injunctive relief againstComcast for alleged violations of Sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1 & 2) in thePhiladelphia, Pennsylvania and Chicago, Illinois areas;
WHEREAS
on January 4, 2007, Comcast filed an answer in which it asserted defenses toPlaintiff’s claims, denied that it had violated any law or other duty, and denied each of Plaintiff’sclaims of liability, wrongdoing, injuries, damages, and entitlement to any relief;
WHEREAS
on May 3, 2007, the Court granted Plaintiff’s first motion for certification of the Philadelphia Class;
WHEREAS
, on May 21, 2007, the Court filed Practice and Procedure Order No. 1, whichdesignated the law firms of Heins, Mills, & Olson P.L.C. and Susman Godfrey L.L.P. as co-leadcounsel for Plaintiff;
WHEREAS
, on October 10, 2007, the Court granted Plaintiff’s motion for certification of the Chicago Class;
WHEREAS
, on November 16, 2007, the Court filed an Order staying proceedings withrespect to the Chicago Class until after entry of judgment or other resolution of the PhiladelphiaClass claims asserted in the Action;
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