Common use of Televisions Clause in Contracts

Televisions. 26 3. The Settlement Administrator determined that persons timely and validly opted out 27 of the Settlement and, thus, are excluded from the Settlement Class. The list of such persons timely 28 and validly opting out of the Settlement is attached to the Declaration of _ in 1 support of Plaintiffs’ Motion for Final Approval as “Exhibit .” (Dkt. No. .) All Settlement 2 Class Members not identified in Exhibit shall be bound by this Order. 3 4. The Court hereby finds that the Agreement is the product of arm’s length settlement 4 negotiations among Plaintiffs, Class Counsel, and Defendant. 5 5. This Court now gives final approval to the Agreement, and finds that the Agreement is 6 fair, reasonable, adequate, and in the best interests of the Settlement Class. The settlement 7 consideration provided under the Agreement constitutes fair value given in exchange for the release of 8 the Released Claims against the Discharged Parties. The Court finds that the consideration to be paid 9 to Settlement Class Members is reasonable, and in the best interests of the Settlement Class Members, 10 considering the total value of their claims compared to (i) the disputed factual and legal circumstances 11 of the Action, (ii) defenses asserted in the Action, and (iii) the potential risks and likelihood of success 12 of pursuing litigation on the merits. The complex legal and factual posture of this case, the amount of 13 discovery completed, and the fact that the Settlement is the result of arm’s-length negotiations between 14 the Parties all support this finding. The Court finds that these facts, in addition to the Court’s 15 observations throughout the litigation, demonstrate that there was no collusion present in the reaching 16 of the Agreement, implicit or otherwise. 17 6. The Court has considered the factors relevant to class action settlement approval, 18 including: (1) the strength of the plaintiffs’ case; (2) the risk, expense, complexity, and likely duration 19 of further litigation; (3) the risk of maintaining class action status throughout the trial; (4) the amount 20 offered in settlement; (5) the extent of discovery completed and the stage of the proceedings; (6) the