Daniel Hume (admitted pro hac vice) - Green Patent Blog

Case 2:05-ml-01671-CAS-VBK Document 261 Filed 08/14/2008 Page 2 of 7
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THE COURT HEREBY MAKES THE FOLLOWING
DETERMINATIONS AND ORDERS:
1. This Order incorporates by reference the definitions in the Stipulation,
and all terms defined therein shall have the same meaning in this Order as set forth
in the Stipulation.
2. The Court finds on a preliminary basis that the Stipulation of
Settlement filed and incorporated herein by this reference and made a part of this
Order of Preliminary Approval, appears to be within the range of reasonableness of
a settlement which could ultimately be given final approval by this Court; it further
appears to the Court on a preliminary basis, that the Settlement amount is fair and
reasonable to Class Members when balanced against the probable outcome of
further litigation relating to liability and damages issues and potential appeals of
rulings; it further appears that significant discovery, investigation, research, and
litigation has been conducted such that counsel for the parties at this time are able
to reasonably evaluate their respective positions; it further appears that settlement
at this time will avoid substantial costs, delay and risks that would be presented by
the further prosecution of the litigation; it further appears that the proposed
Settlement has been reached as a result of intensive, serious and non-collusive
negotiations between the parties. Accordingly, good cause appearing, the Motion
For Preliminary Approval Of Settlement is hereby GRANTED.
3. Consistent with the Court’s Order of March 27, 2007 and the
definitions provided in the Stipulation Of Settlement, the term “Class” means: “All
consumers who purchased CARB-Compliant summertime reformulated gasoline in
the State of California at any time during the period from January 1995 to and
including August 11, 2005. Excluded from the class are governmental entities,
defendants, their [alleged] co-conspirators, along with all of their respective
parents, subsidiaries, and/or affiliates, and any and all judges and justices assigned
[PROPOSED] ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND
DIRECTING DISSEMINATION OF NOTICE TO THE CLASS
MDL CASE NO. 05-1671 CAS (VBKX)
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