1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VICKY MALDONADO, et al., Case No. 3:16-cv-04067-WHO
8 Plaintiffs, ORDER GRANTING FINAL 9 v. APPROVAL OF SETTLEMENT; AWARDING ATTORNEY’S FEES, 10 APPLE, INC, et al., COSTS, AND SERVICE AWARDS 11 Defendants. Re: Dkt. Nos. 332, 335
12 13 This matter comes before the Court to determine whether to approve Plaintiffs Vicky 14 Maldonado and Justin Carter’s settlement with Defendants Apple Inc., AppleCare Service 15 Company, Inc., and Apple CSC, Inc. and Plaintiffs’ Plan of Allocation. The Court, having 16 reviewed Plaintiffs’ Motion for Final Approval of Settlement (“Motion”), Plaintiffs’ Motion for 17 Attorneys’ Fees, Costs, and Class Representative Incentive Awards, the Settlement Agreement, 18 the pleadings and other papers on file in this action, and the statements of counsel and the parties, 19 including at the Fairness Hearing, hereby finds that the Settlement and Plan of Allocation should 20 be approved. Accordingly, the Court enters this Order of Final Approval. 21 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 22 1. The Court has jurisdiction over the subject matter of this litigation, and all actions 23 within this litigation (collectively, the “Action”) and over the parties to the Settlement Agreement, 24 including all members of the Certified Class and Defendants. 25 2. For purposes of this Order, except as otherwise set forth herein, the Court 26 incorporates the definitions contained in the Settlement Agreement. Berman Final App. Decl., Ex. 27 A, Settlement Agreement (ECF No. 321-1). The Court hereby finally approves and confirms the 1 and adequate to the Settlement Class under Rule 23 of the Federal Rules of Civil Procedure. 2 3. The following “Certified Class” was previously certified pursuant to Rule 23 of the 3 Federal Rules of Civil Procedure:
4 All individuals who purchased AppleCare or AppleCare+, either directly or through the 5 iPhone Upgrade Program, on or after July 20, 2012, and received a remanufactured replacement Device. 6 4. The Class period cutoff date is September 30, 2021. 7 5. Pursuant to Federal Rule of Civil Procedure 23(g), the Court previously appointed 8 Hagens Berman Sobol Shapiro, LLP as Class Counsel, and the named Plaintiffs, Vicky 9 Maldonado and Justin Carter, as the Class Representatives on behalf of the Certified Class. 10 6. Plaintiffs’ notice of the Class Settlement to the Certified Class was the best notice 11 practicable under the circumstances. The notice satisfied due process and provided adequate 12 information to the Certified Class of all matters relating to the Class Settlement, and fully satisfied 13 the requirements of Federal Rules of Civil Procedure 23(c)(2) and (e)(1). 14 7. 153 members of the Certified Class timely and validly requested exclusion from the 15 Certified Class, and are excluded from those Certified Class identified. These persons are reflected 16 in the attached Exhibit A to this order. Such persons are not included in or bound by this Order as 17 it relates to the specific settlement for which they opted-out. Such persons are not entitled to any 18 recovery of the settlement proceeds obtained through the Class Settlement. 19 8. No valid objections were filed regarding the Class Settlement. 20 9. The Court finds that Plaintiffs’ proposed Plan of Allocation, proposing to pay 21 Settlement Class members an equal amount per remanufactured replacement device they received, 22 is fair, reasonable, and adequate. Noll v. eBay, Inc., 309 F.R.D. 593, 601, 607 (N.D. Cal. 2015). 23 The Plan of Allocation does not unfairly favor any Class member, or group of Class members, to 24 the detriment of others. 25 10. The Court awards to Class Counsel: 26 a. Costs in the amount of $1,397,165.53; and 27 b. Attorneys’ Fees in the amount of $26,876,027.50. 1 11. The Court awards to Class Representatives: 2 a. An incentive award to Vicky Maldonado in the amount of $15,000; and 3 b. An incentive award to Justin Carter in the amount of $12,500. 4 12. Without affecting the finality of this Order in any way, this Court hereby retains 5 continuing jurisdiction over: 6 a. implementation of this settlement and any distribution to members of the 7 Class pursuant to further orders of this Court; 8 b. disposition of the Settlement Fund; 9 c. determining attorneys’ fees, costs, expenses, and interest; 10 d. the Action until Final Judgment contemplated hereby has become effective 11 and each and every act agreed to be performed by the parties all have been performed 12 pursuant to the Settlement Agreement; 5 13 e. hearing and ruling on any matters relating to the plan of allocation of 14 settlement proceeds; and 3 15 f. all parties to the Action and Releasing Parties, for the purpose of enforcing 16 and administering the Settlement Agreement and the mutual releases and other documents 3 17 contemplated by, or executed in connection with the Agreement. 18 13. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil 19 || Procedure, that Final Judgment of Dismissal with prejudice as to the Defendants (“Judgment”) 20 || should be entered forthwith and further finds that there is no just reason for delay in the entry of 21 the Judgment, as Final Judgment, in accordance with the Settlement Agreement. 22 IT IS SO ORDERED. 23 || Dated: April 29, 2022 24 . 25 iam H. Orrick 26 United States District Judge 27 28
EXHIBIT A | ~~ Class Certification Request for Exclusion Report
1 Joseph Floro 2 Matt Marks 3 Celeste Marks 4 Corinne Satterfield 5 Robert L Evola 6 Richard Kirk 7 Khine Williams 8 Nicholas Sivo 9 Edward Cho 10 Nv Ga 11 Sharon A Stubblebine 2 Rebecca H Watkins Colantonio 13 Joanne Angel 14 Colin Black 15 Brett Parker 16 Robert Horen 17 Besnik Gjoka 18 Ivalina Chervenkova 19 Joel S Elson 20 Patricia A Macha 21 Linda Mitchell 22 Milton A Carlson 23 Nathan WwW Grubb 24 Elizabeth Guerra 25 John Queeney 26 Erik T Potter 27 Susan J Mardos 28 Liz Rab 29 Gilbert Peck 30 Joan M Eident 31 James H Thessin 32 Nevada Trucking Paul J. Enos Association 33 Darius Gilder 34 Viktor Hristov 35 Amanda M Bowers 36 John C Taylor 37 Vlad Karpinsky 38 Brenden Konnagan 39 Zoe M de Lellis 40 Eduardo Cisneros 41 Daniel j Kocher 42 Cuauhtemoc Hernandez 43 Carl A McKinney 44 Tracey McCarter
| ~~ Class Certification Request for Exclusion Report as etme ay □□□□□□□□□□□□□□□□□□□□□□□□□ = as Garett —SSSS*~Senatney—S ag □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 50 Jordan =SSs”S*~*~S~S~S~ Sane □□□□□□□□□□□□□□□□□□□□□□ ot} 2 Derek SSCs 33 ed evade see tis ss SSCS eS 6 Bran SSS dmg 7 She SSSSS~S~S~*~ cdma seek 59 Damian □□□□□□□□□□□□□□□□□□□□□ eo eremy—SSS~S~S ES ed SSSSSwng eon SSS key es Vicia —=SsS*C*~*~SsR SRE ee steve pestis es donetSSSSS~S~nct SS 6 ames SSW liam er Mark SOS ese Paulson 90 ely Mak cary □□□□□□□□□□□□□□□□□□□□□□□□□□□ 93 ys ores 94 athur SSeS 4s George □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 46 asonSSORSSSShetder a aver SSS inne 9g peaches 499 ssh ews 9 baie SSSSS*S~*~ tame anette, □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ a2 Samuel —SSOSSS~S~S~ ves 3 Whitney” SsSSt*~C~*~=~Ss steel se tossein ——SSSSS*CS eters ss Matin ll as □□□□□□□□□□□□□□□□□□□□□□□□ reson SPSS eet gs Ney RSS ger 9 Andrew SSS 90 Aykut™ =SSSSS~*~sanogld eet 92 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 93 Erik Allen
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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VICKY MALDONADO, et al., Case No. 3:16-cv-04067-WHO
8 Plaintiffs, ORDER GRANTING FINAL 9 v. APPROVAL OF SETTLEMENT; AWARDING ATTORNEY’S FEES, 10 APPLE, INC, et al., COSTS, AND SERVICE AWARDS 11 Defendants. Re: Dkt. Nos. 332, 335
12 13 This matter comes before the Court to determine whether to approve Plaintiffs Vicky 14 Maldonado and Justin Carter’s settlement with Defendants Apple Inc., AppleCare Service 15 Company, Inc., and Apple CSC, Inc. and Plaintiffs’ Plan of Allocation. The Court, having 16 reviewed Plaintiffs’ Motion for Final Approval of Settlement (“Motion”), Plaintiffs’ Motion for 17 Attorneys’ Fees, Costs, and Class Representative Incentive Awards, the Settlement Agreement, 18 the pleadings and other papers on file in this action, and the statements of counsel and the parties, 19 including at the Fairness Hearing, hereby finds that the Settlement and Plan of Allocation should 20 be approved. Accordingly, the Court enters this Order of Final Approval. 21 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 22 1. The Court has jurisdiction over the subject matter of this litigation, and all actions 23 within this litigation (collectively, the “Action”) and over the parties to the Settlement Agreement, 24 including all members of the Certified Class and Defendants. 25 2. For purposes of this Order, except as otherwise set forth herein, the Court 26 incorporates the definitions contained in the Settlement Agreement. Berman Final App. Decl., Ex. 27 A, Settlement Agreement (ECF No. 321-1). The Court hereby finally approves and confirms the 1 and adequate to the Settlement Class under Rule 23 of the Federal Rules of Civil Procedure. 2 3. The following “Certified Class” was previously certified pursuant to Rule 23 of the 3 Federal Rules of Civil Procedure:
4 All individuals who purchased AppleCare or AppleCare+, either directly or through the 5 iPhone Upgrade Program, on or after July 20, 2012, and received a remanufactured replacement Device. 6 4. The Class period cutoff date is September 30, 2021. 7 5. Pursuant to Federal Rule of Civil Procedure 23(g), the Court previously appointed 8 Hagens Berman Sobol Shapiro, LLP as Class Counsel, and the named Plaintiffs, Vicky 9 Maldonado and Justin Carter, as the Class Representatives on behalf of the Certified Class. 10 6. Plaintiffs’ notice of the Class Settlement to the Certified Class was the best notice 11 practicable under the circumstances. The notice satisfied due process and provided adequate 12 information to the Certified Class of all matters relating to the Class Settlement, and fully satisfied 13 the requirements of Federal Rules of Civil Procedure 23(c)(2) and (e)(1). 14 7. 153 members of the Certified Class timely and validly requested exclusion from the 15 Certified Class, and are excluded from those Certified Class identified. These persons are reflected 16 in the attached Exhibit A to this order. Such persons are not included in or bound by this Order as 17 it relates to the specific settlement for which they opted-out. Such persons are not entitled to any 18 recovery of the settlement proceeds obtained through the Class Settlement. 19 8. No valid objections were filed regarding the Class Settlement. 20 9. The Court finds that Plaintiffs’ proposed Plan of Allocation, proposing to pay 21 Settlement Class members an equal amount per remanufactured replacement device they received, 22 is fair, reasonable, and adequate. Noll v. eBay, Inc., 309 F.R.D. 593, 601, 607 (N.D. Cal. 2015). 23 The Plan of Allocation does not unfairly favor any Class member, or group of Class members, to 24 the detriment of others. 25 10. The Court awards to Class Counsel: 26 a. Costs in the amount of $1,397,165.53; and 27 b. Attorneys’ Fees in the amount of $26,876,027.50. 1 11. The Court awards to Class Representatives: 2 a. An incentive award to Vicky Maldonado in the amount of $15,000; and 3 b. An incentive award to Justin Carter in the amount of $12,500. 4 12. Without affecting the finality of this Order in any way, this Court hereby retains 5 continuing jurisdiction over: 6 a. implementation of this settlement and any distribution to members of the 7 Class pursuant to further orders of this Court; 8 b. disposition of the Settlement Fund; 9 c. determining attorneys’ fees, costs, expenses, and interest; 10 d. the Action until Final Judgment contemplated hereby has become effective 11 and each and every act agreed to be performed by the parties all have been performed 12 pursuant to the Settlement Agreement; 5 13 e. hearing and ruling on any matters relating to the plan of allocation of 14 settlement proceeds; and 3 15 f. all parties to the Action and Releasing Parties, for the purpose of enforcing 16 and administering the Settlement Agreement and the mutual releases and other documents 3 17 contemplated by, or executed in connection with the Agreement. 18 13. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil 19 || Procedure, that Final Judgment of Dismissal with prejudice as to the Defendants (“Judgment”) 20 || should be entered forthwith and further finds that there is no just reason for delay in the entry of 21 the Judgment, as Final Judgment, in accordance with the Settlement Agreement. 22 IT IS SO ORDERED. 23 || Dated: April 29, 2022 24 . 25 iam H. Orrick 26 United States District Judge 27 28
EXHIBIT A | ~~ Class Certification Request for Exclusion Report
1 Joseph Floro 2 Matt Marks 3 Celeste Marks 4 Corinne Satterfield 5 Robert L Evola 6 Richard Kirk 7 Khine Williams 8 Nicholas Sivo 9 Edward Cho 10 Nv Ga 11 Sharon A Stubblebine 2 Rebecca H Watkins Colantonio 13 Joanne Angel 14 Colin Black 15 Brett Parker 16 Robert Horen 17 Besnik Gjoka 18 Ivalina Chervenkova 19 Joel S Elson 20 Patricia A Macha 21 Linda Mitchell 22 Milton A Carlson 23 Nathan WwW Grubb 24 Elizabeth Guerra 25 John Queeney 26 Erik T Potter 27 Susan J Mardos 28 Liz Rab 29 Gilbert Peck 30 Joan M Eident 31 James H Thessin 32 Nevada Trucking Paul J. Enos Association 33 Darius Gilder 34 Viktor Hristov 35 Amanda M Bowers 36 John C Taylor 37 Vlad Karpinsky 38 Brenden Konnagan 39 Zoe M de Lellis 40 Eduardo Cisneros 41 Daniel j Kocher 42 Cuauhtemoc Hernandez 43 Carl A McKinney 44 Tracey McCarter
| ~~ Class Certification Request for Exclusion Report as etme ay □□□□□□□□□□□□□□□□□□□□□□□□□ = as Garett —SSSS*~Senatney—S ag □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 50 Jordan =SSs”S*~*~S~S~S~ Sane □□□□□□□□□□□□□□□□□□□□□□ ot} 2 Derek SSCs 33 ed evade see tis ss SSCS eS 6 Bran SSS dmg 7 She SSSSS~S~S~*~ cdma seek 59 Damian □□□□□□□□□□□□□□□□□□□□□ eo eremy—SSS~S~S ES ed SSSSSwng eon SSS key es Vicia —=SsS*C*~*~SsR SRE ee steve pestis es donetSSSSS~S~nct SS 6 ames SSW liam er Mark SOS ese Paulson 90 ely Mak cary □□□□□□□□□□□□□□□□□□□□□□□□□□□ 93 ys ores 94 athur SSeS 4s George □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 46 asonSSORSSSShetder a aver SSS inne 9g peaches 499 ssh ews 9 baie SSSSS*S~*~ tame anette, □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ a2 Samuel —SSOSSS~S~S~ ves 3 Whitney” SsSSt*~C~*~=~Ss steel se tossein ——SSSSS*CS eters ss Matin ll as □□□□□□□□□□□□□□□□□□□□□□□□ reson SPSS eet gs Ney RSS ger 9 Andrew SSS 90 Aykut™ =SSSSS~*~sanogld eet 92 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 93 Erik Allen
| ~~ Class Certification Request for Exclusion Report ea mus ache 9s dS werk 96 bustin =SSSSS*SRCHMaNS 7 andrew 98 Abhishek =—S*S*~*~S~ MS 9 an SSS Sthware 100 Timotiy a0 yan SSS Stasly 40. baie SSSSC~—~S< 40s tain SSS (pont 108 Troy ah 405 sachin Sash □□ sebastian □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 407 angen Um 408 vein nWite 409 Shawna to andrew =O ester an poste 4 SSSSSSMassey as Grenson ta andrew SWS Greenman ts Micali tie eremih SSS thwart nr Matwa SMe tis □□□□□□□□□□□□□□□□□□□□□ ng emiy SSS Meer 20 bn ews abet a Wesley —=SASSSSCSemmpeton as os a eremy SSS trger as Steven =—SSSS*S*S~S~S~S tag sie Marassi sly ew ag ann tbe te osesh=—=SCS*~*~S~ Hews a3 Hebert SOS as stn SN 432 Fookmun tam 433 on Not tse onstantinos ——=SSSSSSRngs 43s cst SSSSSSSSCiwonger
| ~~ Settlement Request for Exclusion Report eee ec ec 1 Cynthia Williams 2 Kathleen Yeaton 3 Marvin Kirsner 4 Christian Dulu 5 Jaime Burns-France 6 Julia Karakozoff 7 Alexandra Walker 8 Matthew Marks 9 Kathleen Miller 10 Monica Garcia 11 Lauren B Pena 12 Bruce Harrington 13 Arni Sumarlidason 14 Thomas Reyes 15 Craig Alvarez 16 Patricia Kerr 17 Saylee Parab 18 Jayson J Estrada