FINAL APPROVAL OF SETTLEMENT AGREEMENT. 11. The Court finds that the Settlement Agreement resulted from extensive arm’s length, good faith negotiations between Plaintiffs’ Class Counsel and Sony, through experienced counsel.
FINAL APPROVAL OF SETTLEMENT AGREEMENT. 13 1. The capitalized terms used in this Section I of this Final Approval Order have the 14 same meaning as defined in the Settlement Agreement.
15 2. The Court has jurisdiction over the subject matter of this Action and over all 16 claims raised therein and all Parties thereto, including the Class Members.
17 3. Pursuant to the Settlement Agreement, Class Members have been provided with 18 Direct Notice, Publication Notice, and Website Notice informing them of the terms of the 19 proposed Settlement and of the Final Approval Hearing.
20 4. Prior to the Final Approval Hearing, proof of completion of Notice, including 21 CAFA Notice as required under 28 U.S.C. § 1715, was filed with the Court, along with 22 declarations of compliance as prescribed in the Preliminary Approval Order. Class Members 23 were adequately notified of their right to appear at the hearing in support of or in opposition to 24 the proposed Settlement, Class Counsel’s Fee Application, Xxxxxx’x Incentive Award 25 Application, and the Plan of Allocation.
26 5. The Court finds that the Notice was the best notice practicable and fully satisfied 27 the requirements of the Federal Rules of Civil Procedure, the U.S. Constitution, and any other 28 applicable law.
1 6. The Court finds that CAFA Notice, as described in Article VI.2 of the Settlement 2 Agreement, and as effectuated as described in the declarations filed with this Court, satisfies the 3 requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, and any other applicable law.
4 7. For settlement purposes only, the Court finds that: (a) the numerosity, typicality, 5 commonality, and adequacy requirements of Rule 23(a) of the Federal Rules of Civil Procedure 6 are satisfied for the Settlement Classes; (b) in accordance with Federal Rule of Civil Procedure
FINAL APPROVAL OF SETTLEMENT AGREEMENT. 17 A court may approve a proposed class action settlement of a certified class only “after a 18 hearing and on finding that it is fair, reasonable, and adequate after considering whether: (A) the 19 class representatives and class counsel have adequately represented the class; (B) the proposal 20 was negotiated at arm’s length; (C) the relief provided for the class is adequate, taking into 21 account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed 22 method of distributing relief to the class, including the method of processing class-member 23 claims; (iii) the terms of any proposed award of attorney's fees, including timing of payment; and
