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    Steve Berman Settlement Letter

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    jeff_roberts881
    The parties write to inform the court that the class plaintiffs, state plaintiffs, and Apple have executed a binding agreement in principle to settle the class litigation and damages phase of the states' litigation regarding antitrust allegations in electronic books. The parties request the court suspend dissemination of interim notice and vacate current scheduling pending review and preliminary approval of the confidential settlement memorandum. If approved, the settlement would resolve all pending motions before the court.

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    Steve Berman Settlement Letter

    Uploaded by

    jeff_roberts881
    13K views4 pages
    The parties write to inform the court that the class plaintiffs, state plaintiffs, and Apple have executed a binding agreement in principle to settle the class litigation and damages phase of the states' litigation regarding antitrust allegations in electronic books. The parties request the court suspend dissemination of interim notice and vacate current scheduling pending review and preliminary approval of the confidential settlement memorandum. If approved, the settlement would resolve all pending motions before the court.

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    The parties write to inform the court that the class plaintiffs, state plaintiffs, and Apple have executed a binding agreement in principle to settle the class litigation and damages phase of the states' litigation regarding antitrust allegations in electronic books. The parties request the court suspend dissemination of interim notice and vacate current scheduling pending review and preliminary approval of the confidential settlement memorandum. If approved, the settlement would resolve all pending motions before the court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    13K views4 pages

    Steve Berman Settlement Letter

    Uploaded by

    jeff_roberts881
    The parties write to inform the court that the class plaintiffs, state plaintiffs, and Apple have executed a binding agreement in principle to settle the class litigation and damages phase of the states' litigation regarding antitrust allegations in electronic books. The parties request the court suspend dissemination of interim notice and vacate current scheduling pending review and preliminary approval of the confidential settlement memorandum. If approved, the settlement would resolve all pending motions before the court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    010260-11 696631V1

    Steve W. Berman
    HAGENS BERMAN SOBOL SHAPIRO LLP
    1918 EIGHTH AVENUE, SUITE 3300
    SEATTLE, WA 98101
    www.hbsslaw.com
    Direct (206) 268-9320
    [email protected]
    J une 16, 2014
    Via ECF
    The Honorable Denise L. Cote
    United States District Court J udge
    Southern District of New York
    500 Pearl St., Room 1610
    New York, NY 10007-1312

    Re: In re: Electronic Books Antitrust Litig., No. 11-md-02293 (DLC);
    The State of Texas v. Penguin Group (USA), Inc., No. 12-cv- 3394 (DLC)

    The parties write to inform the Court that the Class Plaintiffs, State Plaintiffs, and Apple
    have executed a binding agreement in principle to resolve the Class litigation, and the damages
    phase of the States litigation. The parties submit as a separate document under seal for the
    Courts review the binding memorandum of understanding, pending the parties preparation and
    filing of the final settlement agreement to present to the Court for preliminary approval within
    thirty days. The parties acknowledge that Apple has appealed the District Courts J uly 10, 2013
    Opinion and Order finding Apple liable for violating federal and state antitrust laws, and until
    final disposition of that appeal, a bona fide justiciable dispute remains as to the District Courts
    findings and conclusions on liability and injunctive relief. As set forth in the memorandum of
    understanding, any payment to be made by Apple under the settlement agreement will be
    contingent on the outcome of that appeal.
    In light of the binding agreement among all parties, the parties respectfully request the
    Court immediately suspend the dissemination of interim notice, pending the Courts review of
    the memorandum of understanding. By doing so, the litigants, as well as several third-party
    retailers, will avoid incurring unnecessary notice costs and also avoid customer confusion if the
    Court finds the settlement terms fair, reasonable, and adequate. The parties also respectfully
    request the Court vacate the schedule in conjunction with suspending interim notice from being
    disseminated. This will allow the parties to focus their resources on expeditiously presenting the
    final agreement to the Court for preliminary approval. The parties submit a joint proposed order
    herewith.
    If approved, the final settlement agreement will moot the pending motions before the
    Court, specifically Class Plaintiffs motion for summary judgment (ECF No. 521 in 11-md-
    02293), Apples motion for reconsideration of the Courts Daubert rulings excluding all or part
    Case 1:11-md-02293-DLC Document 637 Filed 06/16/14 Page 1 of 2
    J une 16, 2014
    The Hon. Denise L. Cote
    Page 2



    010260-11 687459 V1
    of Apples experts testimony (ECF No. 606 in 11-md-02293), and Apples motion for
    interlocutory appeal pursuant to 28 U.S.C. section 1292 (ECF No. 506 in 12-cv-03394).

    Respectfully,
    HAGENS BERMAN SOBOL SHAPIRO LLP

    /s/ Steve W. Berman

    Steve W. Berman
    Case 1:11-md-02293-DLC Document 637 Filed 06/16/14 Page 2 of 2
    IN THE UNITED STATES DISTRICT COURT
    FOR THE SOUTHERN DISTRICT OF NEW YORK


    IN RE ELECTRONIC BOOKS ANTITRUST
    LITIGATION
    )
    )
    11-md-02293 (DLC)
    ECF Case



    THE STATE OF TEXAS; et al.,

    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    Plaintiffs,
    v. Civil Action No. 12-cv-03394 (DLC)
    PENGUIN GROUP (USA) INC.; et al.,

    Defendants.


    [PROPOSED] ORDER
    The parties having advised the Court that they have reached an agreement in principle
    resolving all claims in the Consolidated Class Action (11-md-02293) and resolving all claims for
    monetary relief in the State Action (12-cv-03394), and submitted for filing under seal a
    memorandum of understanding setting forth that agreement, the Court Orders as follows:
    1) The Courts Scheduling Order of J une 3, 2014, as amended by the Scheduling Order of
    J une 16, 2014, is VACATED and the parties are to suspend dissemination to eligible
    consumers of notice of litigation.
    2) Plaintiffs shall, on or before J uly 16, 2014, file a motion for preliminary approval of the
    settlement, attaching a copy of the settlement agreement.
    3) Apples pending motions for reconsideration (ECF No. 606 in 11-md-02293) and to certify
    interlocutory appeal (ECF No. 506 in 12-cv-03394), and Class Plaintiffs pending motion
    Case 1:11-md-02293-DLC Document 637-1 Filed 06/16/14 Page 1 of 2
    for summary judgment (ECF No. 521 in 11-md-02293) shall be held in abeyance and,
    upon the Courts approval of the parties settlement in a final order, be deemed withdrawn.
    SO ORDERED.
    Dated: J une __, 2014.
    ___________________________________
    Hon. Denise Cote
    United States District J udge

    Case 1:11-md-02293-DLC Document 637-1 Filed 06/16/14 Page 2 of 2

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