REVISED [PROPOSED] ORDER APPROVING CLAIM FORM AND DIRECTING NOTICE TO CLASS MEMBERS REGARDING DISTRIBUTION OF SETTLEMENT FUND
SAMUEL CONTI, District Judge.
Direct Purchaser Plaintiffs' ("Plaintiffs") request for approval of the Notice Regarding Claims and the Proof of Claim form was presented to and considered by the Court. This Court retains jurisdiction over the class action settlements for matters relating to "implementation of [ ] settlement[s] and any distribution to Class Members pursuant to further orders of this Court [and] disposition of the Settlement Fund." See, e.g., Final Judgment of Dismissal With Prejudice as to Defendants Toshiba Corporation; Toshiba America Information Systems, Inc.; Toshiba America Consumer Products LLC; and Toshiba America Electronic Components, Inc. ¶ 10 (July 23, 2013) (Dkt. No. 1792).
Having considered the proposed Notice Regarding Claims and Proof of Claim form, the Court grants the request. The Notice Regarding Claims and Proof of Claim form attached hereto as Exhibit A is appropriate. On or before September 11, 2015, Gilardi & Co. LLC ("Gilardi"), as Claims Administrator, will disseminate the Notice Regarding Claims and the Proof of Claim form to those members of the Class who can reasonably be contacted through electronic or direct mail. The Notice Regarding Claims, in substantially similar form, shall also be published on or before September 11, 2015 in the Wall Street Journal. When dissemination of notice is completed, Class Counsel shall cause a declaration to be filed reflecting that the Notice Regarding Claims has been provided in accordance with this Order. Class members shall have approximately ninety (90) days from mailing of notice to complete the Proof of Claim form and submit it to the Claims Administrator Gilardi. In order to provide certainty, the last date for class members to submit their Proof of Claim form to the Claims Administrator shall be December 10, 2015.
Upon completion of submission of all Proof of Claim forms within the period set by the Court, Gilardi will analyze and verify the claims submissions and follow up with claimants to resolve any discrepancies. At that time, final distribution amounts will be determined and Plaintiffs will submit to the Court an order approving distribution of the Settlement Fund to class members.
All valid claims will be distributed in accordance with the plan of allocation that this Court has previously approved, i.e., a pro rata distribution to Claimants based on direct purchases of CRTs and Finished Products from the named defendants as described in the orders granting final approval of the settlements and approving the plan of distribution.
Plaintiffs shall file their Motion for Attorneys' Fees and Costs on or before September 11, 2015. A hearing on Plaintiffs' Motion for Attorneys Fees and Costs is set for October 23, 2015 at 10:00 a.m. in Courtroom 1. In addition, any class member wishing to comment or object to plaintiffs' Motion for Attorneys' Fees and Costs may do so by filing with the Court any comments or objections on or before October 2, 2015.
The Court retains exclusive jurisdiction over this action to consider all further matters arising out of or connected with the disbursement of the Settlement Funds.
IT IS SO ORDERED.
EXHIBIT A
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
If You Directly Bought A Cathode Ray Tube Product, A Class Action Settlement May Affect You.
Cathode Ray Tube (CRT) Products include Cathode Ray Tubes and finished products that contain a Cathode Ray Tube such as Televisions and Computer Monitors.
A Federal Court authorized this Notice. This is not a solicitation from a lawyer.
• Why did I get this notice? You or your company may have directly purchased a cathode ray tube (CRT) or a product containing a cathode ray tube (television or monitor) between March 1, 1995 and November 25, 2007. A direct purchaser is a person or business who bought a CRT, or a television or computer monitor containing a CRT, directly from one or more of the Defendants, co-conspirators, affiliates, or subsidiaries. A direct purchaser is NOT a person or company who purchased a CRT or CRT Product from a wholesaler or a retail store. If you are a direct purchaser, you have the right to know about the litigation and about your legal rights and options. The Court in charge of the case is the United States District Court for the Northern District of California, and the case is called In re Cathode Ray Tube (CRT) Antitrust Litigation, MDL No. 1917. The people who sued are called Plaintiffs and the companies they sued are called Defendants.
• All Defendants who have appeared to date in the Direct Purchaser Cathode Ray Tube (CRT) Antitrust Litigation, Case No. 3:07-cv-5944 SC have settled their claims. The Court has finally approved each of the settlements with the Defendants and the settlement proceeds are ready to be distributed to qualifying claimants. Attached to this Notice is a Proof of Claim form that has been approved by the Court. All Proof of Claim forms must be postmarked or sent via electronic mail no later than December 10, 2015 to the address set forth in the Proof of Claim form. Additional Proof of Claim forms may be obtained at www.CRTDirectPurchaserAntitrustSettlement.com, by calling 1-877-224-3063, or writing to CRT Direct Settlement, P.O. Box 808003, Petaluma, CA 94975. Please do not contact the Court about claim administration.
• Plaintiffs Motion for Attorneys Fees and Costs is on file with the Court and available at www.CRTDirectPurchaserAntitrustSettlement.com. The Court has set a hearing on plaintiffs' motion for October 23, 2015 at 10:00 a.m. in Courtroom 1. Any comments or objections to Plaintiffs Motion for Attorneys' Fees and Costs must be filed with the Court (Honorable Samuel Conti, United States District Court Northern District of California, 450 Golden Gate Avenue, Courtroom 3, 17th floor, San Francisco, CA 94102) no later than October 2, 2015.
Dated:_____________ BY ORDER OF THE COURT