bd oo individuals, or entities in which Defendant has a controlling interest or
which are related to or affiliated , with Defendant or- any other
representatives of any of these Persons and entities.

Cc. As used in this Order, the “Released Claims” shall mean any and all

: claims, liens, demarids, actions, causes -s of action, obligations, damages, or
liabilities of any nature whatsoever (including Unknown Claims), whether
legal, equitable, or otherwise, that were, or could have been, asserted i in
the Action or the California Action based upon: @ the facts alleged in the
Action, (b) any violation of any state or federal statutory or cortimon law
or regulation, and (c) any claim arising directly or indirectly out of, or in
any way relating to, the claims that were, or could have been, asserted in
the Action or ‘the California Action.

D. The Releasing Parties hereby release and forever discharge the Released
Parties from the Released Claims as of the date that this Final Order and
Judgment is entered.

19. The Releases detailed in Paragraph 16 above include claims that the Releasing
Parties have, had, or may have against the Releasing Parties, whether known or “unknown. The
Releases in this Order and the Settlement Agreement fully, finally, and forever discharge all
Released Claims that could have been raised in the Action or the California Action as well as
claims that the Plaintiff ¢ or any or all other Petsons and entities whose Claims are being released,
or any of them, do not know or suspect to exist, which, if known by her, him, or it, might affect

- her, his, or its agreement to release the Released Parties ot the Released Claims or might affect

her, his, or its decision to agree, “object, or not object to the Settlement. Upon the Effective Date,



Addendum A
The Persons or entities listed below are found to have validly excluded themselves from
the Settlement in accordance with the provisions of the Preliminary Approval Order.

Tris Piett

1.

2. Theresa Kindell
3. Genoveva Ayala
4. Karl Gibson

10



of the Android operating system may vary .by device and
manufacturer.

Once the upgrade process begins for a 2 particular device—i.e., upon the commencement
‘

of an upgrade. to consumers’ devices—Motorola Mobility, LLC may remove the disclaimer from

the Uparade Page for that particular device and upgrade. Motorola Mobility, LLC may ‘also
revise ° the disclaimer language { from time to time at its sole discretion, so long as the language is
consistent with its obligations under the Settlement Agreement. Motorola Mobility, LLC shall
also include a hyperlink to the Upgrade Page i in any official press release issued solely by

Motorola Mobility, LLC, wherein the primary Purpose of such press release is to announce the

public availablity of an upgrade to the Android operating system on a Motorola Mobility, LLC

device. ;
_ 21, The Court awards to Class Counsel $350,000 as reasonable attorneys’ fees and
wigs . : . . :
22... The Court awards to Plaintiff Haught $2,000 as a reasonable Incentive Award for
his role as Class Representative. , - :
23. . Without affecting the finality of this judgment, the Court retains exclusive
jurisdiction with respect to this Settlement including, without limitation, issues concerning its

administration and consummation.’ The Court also retains exclusive jurisdiction over Plaintiff,

Settlement Class Members, and Defendant regarding the Séttlement Agreement and this Final

Judgment ‘and Order, Plaintiff Settlement Class Members, and ‘Defendant are hereby deemed to
have submitted to the exclusive jurisdiction of this Court for any suit, action, proceeding, or

dispute arising out of or relating to the Released Claims, this Order, and the Settlement

Agreement including, but not limited to, the applicability of the Released Claims, this Settlement

Agreement, or this Order. Without limiting the generality of the foregoing, any dispute



Plaintiff and all other Persons and entities whose Claims are being released shall be deemed*t

have, and shall have, expressly waived and relinquished, to the fullest extent permitted by la

the provisions, rights, and benefits of § 1542 of the California Civil Code, which provides as ,

follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.

Upon the Effective Date, Plaintiff and all other Persons and entities whose Claims are being

released shall also be deemed to have, and shall have, waived any and all provisions, rights, and

ia)

benefits conferred by: (a) any law of any state or territory of the United States, (b) principle o
common law, or (c) the law of any jurisdiction outside of the United States, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code.

20. To the extent Motorola Mobility, LLC decides to use an Upgrade Page, it shall

include the following disclaimer i ina clear ‘and conspicuous manner on its Android Softwar

wr

Dedicated Upgrade Web Page, which currently appears at https://motorola- -global}

ai)

portal.custhelp. com/app/software-upgrade-news/g_ ia 949 (the “Upgrade Page”), for a period o
up to eighteen (18) months following the Preliminary Approval Order of the Settlement
Agreement:

Disclaimer: The information contained herein is provided for
information purposes only and is intended only to describe
Motorola Mobility’s current plans regarding potential upgrades or
updates to the operating systems on its Android-powered devices
and is, therefore, subject to change. The information
communicated is not a commitment or an obligation to deliver any
product, product feature, software upgrade, or functionality and
Motorola Mobility reserves the right to change the content.and
timing of any product, product feature, or software release. The
sofiware functionality and features provided by a specific version



\ with respect to class certification and as it otherwise existed prior to the date of the Settlement
Agreement, and no reference to the Settlement Class, the Settlement. Agreement, or any
documents, communications, or negotiations related in any way thereto shall be made for any
purpose.

26. Based upon the Court’s finding that there is no just reason for delay of
enforcement or-appeal of this Order, notwithstanding the Court’s retention of jurisdiction to
oversee the implementation and enforcement of the Settlement Agreement, the Court directs the

Clerk to enter final judgment pursuant to Federal Rule of Civil Procedure 54(b).

’

IT IS SO ORDERED. 7)

ENTERED: M- 20-7



ye

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
. EASTERN DIVISION .

JACK HAUGHT, individually and on behalf of
all others similarly situated,

Plaintiff, an Case No. 1:12-cv-02515
v. . Honorable Virginia M. Kendall

MOTOROLA MOBILITY, INC., a Delaware
corporation, .

Defendant.

PROPOSE ‘b] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

The Court, having considered Plaintiff's Motion for Final Approval (“Motion for Final
Approval”) of the settlement (the Settlement”) ‘of the above-captioned matter (“Action”),
brought by Plaintiff Jack Haught (“Plaintiff”) against Defendant Motorola Mobility, LLC (f/k/a
Motorola Mobility, Inc.) (“Defendant”), pursuant to the Class Action Settlement Agreement
dated May 7, 2014 (the “Settlement Agreement”), having considered all of the submissions and
arguments with respect to the Motion for Final Approval, and having held a Fairness Hearing on
November 20, 2014, finds that:

1. Unless defined herein, all capitalized terms in this Order shall have the respective
meanings ascribed to the same terms in the Settlement Agreement.

2. This Court has jurisdiction over the subject matter of the Action and over all
Parties to the Action, including all Settlement Class Members.

. 3. On July 3, 2014, this Court preliminarily approved the Settlement and certified,

for settlement purposes only, the Settlement Class consisting of:, All Persons and entities in the

United States who purchased a Motorola CLIQ XT prior to February 2, 2011.



concerning the Settlement Agreement including, but not limited to, any suit, action, arbitration!
or other proceeding by a Settlement Class Member in which the provisions of the Settlemen|
Agreement are asserted as a defense in whole or in part to any claim or cause of action o}

otherwise raised as an objection, shall constitute a suit, action, or proceeding arising out of o

relating to this Order. Solely for purposes of such suit, action, or proceeding, to the fullest extent
possible under applicable law, the parties hereto and all Settlement Class Members are hereb:
‘deemed to have irrevocably waived and agreed not to assert, by way of motion, as a defense or
otherwise, any claim or objection that they are not subject to the jurisdiction of this Court or that
this Court is, in any way, an improper venue or an inconvenient forum.

24. The Settlement Agreement and the proceedings and statements made pursuant t
the Settlement Agreement or papers filed relating to the Settlement Agreement and this Order,
are not and shall not in any event be construed, deemed, used, offered or received as evidence of
an admission, concession, or evidence of any kind by any Person or entity with respect to: (i

the truth of any fact alleged or the validity ‘of any claim or defense that has been, could hav

co

been, or in the future might be asserted in the Action or in any other civil, criminal, or

administrative proceeding in any court, administrative agency, or other tribunal, or (ii) an

7

liability, responsibility, fault, wrongdoing, or otherwise of the Parties. Defendant has deniet
and continues to deny the claims asserted by Plaintiff. Notwithstanding, nothing contained
herein shall be construed to prevent a Party from offering the Settlement Agreement int

evidence for the purpose of enforcing the Settlement Agreement.

w

25. The certification of the Settlement Class shall be s binding only with respect to thi

17)

Settlement of the Action. In the event that the Settlement Agreement fails to become effective,

overturned on appeal, or does not become final for any reason, the Action shall revert to its status



16. This judgment is entered without any admission by Defendant of any liability o

as to the merits of any of the allegations in the Complaint.
17. The Parties are directed to distribute the consideration to the Settlement Clas;
pursuant to Paragraph 2.1 of the Settlement Agreement.

18.. The Releasing Parties release and forever discharge the Released Parties from th

Released Claims.

A.

As used in this Order, the “Releasing Parties” shall mean Plaintiff, am
Person in the Settlement Class, any Person claiming or receiving

Settlement Benefit, and each of their respective spouses, children, heirs
associates, co-owners, attorneys, agents, administrators, executors
devisees, predecessors, successors, assignees, representatives of any kind
shareholders, partners, directors, employees, or affiliates.
As used in this Order, the “Released Parties” shall mear
Defendant, and any and all of its present or past heirs, executors, estates!
administrators, predecessors, successors, assigns, parents, subsidiaries,
associates, affiliates, employers, employees, agents, consultants,
independent contractors, insurers, directors, managing directors, officers,
partners, principals, members, attorneys, accountants, financial and othe!
advisors, investment © bankers, underwriters, shareholders, lenders,
auditors, investment advisors, legal representatives, successors in interest,

assigns, and Persons, firms, trusts, corporations, officers, directors, othe!

a



“IT IS; THEREFORE, ORDERED, ADJUDGED, AND DECREED THAT:

9. The Settlement Agreement is'finally ‘approved as fair, reasonable, adequate; and
in the best interests’ of the Settlement Class. The Parties are directed to consummate the
Settlement Agreement in accordance with its terms. The Parties and Settlement Class Members
who did not timely exclude themselves from the Settlement Class are bound by the terms and
conditions of the Settlement Agreement.

10. © The following Settlement Class is hereby finally certified, solely for purposes of
this Settlement, pursuant to Federal Rule of Civil Procedure 23(b)(3): All Persons and entities in
the United States who purchased a Motorola CLIQ XT prior to February 2, 2011.

11: The requirements of Rule 23(a) and (b)(3) have been satisfied for settlement
purposes. The Settlement Class is so numerous that joinder of all members is impracticable;
there are questions of law or fact common to the Settlement Class; the claims of Plaintiff are
typical of the claims of the Settlement Class; Plaintiff will fairly and adequately protect the
interests of the Settlement Class; and the questions of law or fact common to Settlement Class
Members predominate over any questions affecting only individual members. :

12. The preliminary appointment of the following attomeys as Class Counsel is
hereby confirmed:

Rafey S. Balabanian
Benjamin H. Richman
Christopher L. Dore
Edelson PC
- 350 North LaSalle Street, Suite 1300 -
Chicago, Illinois 60654
13. Class Counsel are experienced in class litigation, including litigation of similar

claims, and have fairly and adequately represented the interests of the Settlement Class.

14. The Action is hereby dismissed with prejudice and without costs.



4. Notice’ to’ the Settlement Class has been-provided. in accordance with the Court?
Preliminary--Approval--Order; and ‘the substance 6f-and dissemination program for the Notice!
which included direct postcard notice and the creation of the Settlement Website, fully complies
with the requirements of Fed. R. Civ. P. 23 and due process, constituted the best notic
practicable under the circumstances, and provided due and sufficient notice to all persons entitle:
to notice of the Settlement of this Action.

5. The Settlement Agreement was the result of arm’s-length negotiations conducte
in good faith by experienced attorneys familiar with the legal and factual issues of this case an
with the assistance of Magistrate Judge Young B. Kim and, thus, is supported by Plaintiff an
Class Counsel.

6. The Settlement as set forth in the Settlement Agreement is fair, reasonable,
adequate, and inthe best interests of the Settlement Class in light of the complexity, expense!
and duration of litigation and the risks involved in establishing liability and damages and in
maintaining the class action through trial and appeal. ~~

7. “The Settlement consideration provided under the Settlement Agreement
constitutes fair value given in exchange for the release of the Released Claims against th
Released Parties. The Court finds that the consideration to be paid to members of the Settlemen|
Class is reasonable, considering the facts and circumstances of the claims and affirmativ.
defenses asserted in the Action, and the potential risks and likelihood of success of alternatively
pursuing trials on the merits. ;

8. The persons listed on Addendum A hereto are found to have validly exclude
themselves from the Settlement in accordance with the provisions of the Preliminary Approva

Order.