Case 5:17-cv-00551-LHK Document 457 Filed 03/31/21 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`CHRISTINA GRACE and KEN POTTER,
`Individually and on Behalf of All Others
`Similarly Situated,
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`Plaintiffs,
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`v.
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`APPLE INC.,
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`Defendants.
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`Case No. 5:17-CV-00551-LHK
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`ORDER GRANTING FINAL
`APPROVAL OF CLASS ACTION
`SETTLEMENT
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`Re: Dkt. No. 435
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`Before the Court is Plaintiffs’ motion for final approval of the parties’ class action
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`settlement (“Settlement”). ECF No. 435. On September 10, 2020, the Court preliminarily
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`approved the Settlement, ECF No. 426 (“Preliminary Approval Order”). On February 8, 2021, the
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`Court held a hearing to consider final approval of the Settlement. Having considered all the
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`briefing, the arguments of counsel, the relevant law, and the record in this case, the Court hereby
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`GRANTS the parties’ motion for final approval of the Settlement and makes determinations as
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`follows:
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`Case No. 17-CV-00551-LHK
`ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT
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`Case 5:17-cv-00551-LHK Document 457 Filed 03/31/21 Page 2 of 3
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`1.
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`Federal Rule of Civil Procedure 23(c)(2)(B) requires that the settling parties
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`provide class members with “the best notice that is practicable under the circumstances, including
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`individual notice to all members who can be identified through reasonable effort. The notice must
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`clearly and concisely state in plain, easily understood language: (i) the nature of the action; (ii) the
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`definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member
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`may enter an appearance through an attorney if the member so desires; (v) that the court will
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`exclude from the class any member who requests exclusion; (vi) the time and manner for
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`requesting exclusion; and (vii) the binding effect of a class judgment on members under Rule
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`23(c)(3).” The Court finds that the Notice Plan, which was direct notice sent to 99.8% of the
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`Settlement Class via email and U.S. Mail, has been implemented in compliance with this Court’s
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`Order (ECF No. 426) and complies with Rule 23(c)(2)(B).
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`2.
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`On September 19, 2018, this Court issued a class certification order certifying a
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`class pursuant to Federal Rule of Civil Procedure 23(b)(3) defined as “[a]ll owners of non-
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`jailbroken Apple iPhone 4 or Apple iPhone 4S devices in California who on April 16, 2014, had
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`iOS 6 or earlier operating systems on their iPhone 4 or iPhone 4S devices.” ECF No. 269. On
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`September 10, 2020, this Court issued an Order preliminarily approving the Settlement and
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`finding that the proposed Settlement Class was consistent with the previously-certified class, and
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`therefore met the requirements of Rule 23. ECF No. 426. The Court finds that the Settlement Class
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`meets the Rule 23 requirements and certifies the Settlement Class.
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`3.
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`The Court further finds that the terms of the Settlement are fair, reasonable and
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`adequate to the Class and to each Class Member. Class Members who did not timely submit opt
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`out forms will be bound by the Settlement.
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`4.
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`The Court finds that the distribution plan is fair, adequate, and reasonable. Here,
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`the amount of payments to each participating Settlement Class Member will be calculated based
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`on each Settlement Class Member’s proportional share of the Net Settlement Fund, i.e., the Net
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`Case 5:17-cv-00551-LHK Document 457 Filed 03/31/21 Page 3 of 3
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`Settlement Fund balance divided by the total number of eligible devices. The vast majority of
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`Settlement Class Members will receive payment automatically without the need to file a claim
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`form.
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`5.
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`6.
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`The Court finds that the claims administrator’s fees are fair and reasonable.
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`The Settlement is ordered finally approved. All terms and provisions of the
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`Settlement should be and hereby are ordered to be consummated.
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`7.
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`Without affecting the finality of this order in any way, the Court retains jurisdiction
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`of all matters relating to the interpretation, administration, implementation, effectuation and
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`enforcement of this order and the Settlement.
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`IT IS SO ORDERED.
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`Date: March 31, 2021
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`______________________________________
`LUCY H. KOH
`United States District Judge
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`Case No. 17-CV-00551-LHK
`ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT
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