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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

IN RE COMPACT DISC MINIMUM ] ADVERTISED PRICE ] MDL DOCKET NO. 1361 ANTITRUST LITIGATION ] (This Document Applies To Trowbridge, ] et al. v. Sony Music Entertainment, Inc.. ] et al., Docket No. 2:00-MD-1361-P-H)

FINAL JUDGMENT AND ORDER OF
DISMISSAL WITH PREJUDICE

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1.
This Judgment incorporates by reference the definitions in the Amended Stipulation, and all terms used herein shall have the same meanings as set forth in the Amended Stipulation.

2.
This Court has jurisdiction over the subject matter of the L itigation and over all parties to the litigation, including all members of the Class.

3.
Pursuant to Federal Rule of Civil Procedure 23, th is Court hereby reaffirms its findings and conclusion, set forth in its Order of August 11, 2003, Granting Preliminary Approval of Proposed Settlement, Provisionally Certifying Class, and Directing Dissemination of Notice to Class, that, for purposes of th e Amended Stipulation and Settlement, the Class meets the prerequisites for the bringing of a class action set forth in Federal Rule of Civil Procedure 23(a) and the requirements for maintenance of a class action under Rule 23(b)(3). The Court hereby make s final its previously conditional certification of the Class.


4. Pursuant to Federal Rule of Civil Procedure 23(e), this Court hereby
approves the Settlement and find that the Settlement is, in all respects, fair, reasonable and adequate for the Class.
5.
This Court hereby DISMISSES WITH PREJUD ICE AND WITHOUT COSTS (except as otherwise provided in the Amended Stipulation) the Litigation against the Defendants.

6.
The Court finds that the Amended Stipulation and the Settlement are fair, reasonable and adequate as to each of the Settling Parties, grants final approval of the Amended Stipulation and the Settlement in all respects, and directs the Settling Parties to perform the terms of the Amended Stipulation.

7.
As set forth in paragraph 10.1 of the Amended Stipulation, upon the Effective Date, the Named Plaintiffs and each of the Class members shall be deemed to have, and by operation of the Judgment shall have, fully, finally and forever released, relinquished and discharged the Released Persons from all Released Claims.

8.
As set forth in Paragraph 10.2 of the Amended Stipulation, upon the Effective Date, each of the Released Persons and their counsel shall be deemed to have, and by operation of the Judgment shall have, fully, finally and forever released, relinquished and discharged each and all of the Named Plaintiffs and counsel to the Named Plaintiffs from any and all other claims, demands, liabilities and causes of action of every nature and description whatsoever, known or


unknown, whether or not concealed or hidden, asserted or that might have been
asserted, arising out of, based upon, or related to the initiation, prosecution, assertion, litigation, settlement or resolution of the Litigation or the Released Claims.
9.
The Notice Plan was the best notice practicable under the circumstances, including the individual notice sent to members of the Class who could be identified through reasonable effort. Under the circumstances, said notice provided the best practicable notice of those proceedings and of the matters set forth therein, including the proposed Settlement, to all Persons entitled to such notice, and said notice fully satisfied the requirements of Federal Rule of Civil Procedure 23 and the requirements of due process.

10.
Neither the application for attorney fees and reimbursement of expenses, nor any application for incentive awards to the Named Plaintiffs, nor any order entered by this Court thereon shall in any way disturb or affect this Final Judgment, and all such matters shall be considered separate from this Judgment.

11.
Neither the Amended Stipulation nor any act performed or document executed pursuant to or in furtherance of the Amended Stipulation or the Settlement (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claims, or of any wrongdoing or liability of the Defendants, or (b) is or may be deemed to be or may be used as an


admission of, or evidence of, any fault or omission of any of the Defendants in any
civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Defendants may file the Stipulation and/or Judgment from this action in any other action that may be brought against them in order to support a defense or counterclaim based on principles of res judicata , collateral estoppel, release, good-faith settlement, judgment bar or reduction, or any theory of claim preclusion or issue preclusion or similar defense or counterclaim.
12.
Neither the Named Plaintiffs nor any Class member, either directly or representatively, or in any other capacity, shall commence or prosecute any action or proceeding against any of the Released Persons in any court or tribunal asserting any of the Released Claims.

13.
Without affecting the finality of this Judgment in any way, this Court hereby retains continuing jurisdiction over (a) implementation of the Settlement and any award or distribution of the Settlement Consideration; (b) disposition of Plaintiffs

Download MDL1361_2003_12_03_ORDER23.pdf

Maine Law