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Case No. 17-CV-00551-LHK

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CHRISTINA GRACE and KEN POTTER, 

Individually and on Behalf of All Others 

Similarly Situated,

Plaintiffs,

v.

APPLE INC.,

Defendants.

Case No. 5:17-CV-00551-LHK

ORDER GRANTING FINAL 

APPROVAL OF CLASS ACTION 

SETTLEMENT

Re: Dkt. No. 435

Before the Court is Plaintiffs’ motion for final approval of the parties’ class action 

settlement (“Settlement”). ECF No. 435. On September 10, 2020, the Court preliminarily 

approved the Settlement, ECF No. 426 (“Preliminary Approval Order”). On February 8, 2021, the 

Court held a hearing to consider final approval of the Settlement. Having considered all the 

briefing, the arguments of counsel, the relevant law, and the record in this case, the Court hereby 

GRANTS the parties’ motion for final approval of the Settlement and makes determinations as 

follows:

Case 5:17-cv-00551-LHK Document 457 Filed 03/31/21 Page 1 of 3
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Case No. 17-CV-00551-LHK

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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United States District Court

Northern District of California

1. Federal Rule of Civil Procedure 23(c)(2)(B) requires that the settling parties 

provide class members with “the best notice that is practicable under the circumstances, including 

individual notice to all members who can be identified through reasonable effort. The notice must 

clearly and concisely state in plain, easily understood language: (i) the nature of the action; (ii) the 

definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member 

may enter an appearance through an attorney if the member so desires; (v) that the court will 

exclude from the class any member who requests exclusion; (vi) the time and manner for 

requesting exclusion; and (vii) the binding effect of a class judgment on members under Rule 

23(c)(3).” The Court finds that the Notice Plan, which was direct notice sent to 99.8% of the 

Settlement Class via email and U.S. Mail, has been implemented in compliance with this Court’s 

Order (ECF No. 426) and complies with Rule 23(c)(2)(B).

2. On September 19, 2018, this Court issued a class certification order certifying a 

class pursuant to Federal Rule of Civil Procedure 23(b)(3) defined as “[a]ll owners of nonjailbroken Apple iPhone 4 or Apple iPhone 4S devices in California who on April 16, 2014, had 

iOS 6 or earlier operating systems on their iPhone 4 or iPhone 4S devices.” ECF No. 269. On 

September 10, 2020, this Court issued an Order preliminarily approving the Settlement and 

finding that the proposed Settlement Class was consistent with the previously-certified class, and 

therefore met the requirements of Rule 23. ECF No. 426. The Court finds that the Settlement Class 

meets the Rule 23 requirements and certifies the Settlement Class.

3. The Court further finds that the terms of the Settlement are fair, reasonable and 

adequate to the Class and to each Class Member. Class Members who did not timely submit opt 

out forms will be bound by the Settlement.

4. The Court finds that the distribution plan is fair, adequate, and reasonable. Here, 

the amount of payments to each participating Settlement Class Member will be calculated based 

on each Settlement Class Member’s proportional share of the Net Settlement Fund, i.e., the Net 

Case 5:17-cv-00551-LHK Document 457 Filed 03/31/21 Page 2 of 3
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Case No. 17-CV-00551-LHK

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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United States District Court

Northern District of California

Settlement Fund balance divided by the total number of eligible devices. The vast majority of 

Settlement Class Members will receive payment automatically without the need to file a claim 

form.

5. The Court finds that the claims administrator’s fees are fair and reasonable. 

6. The Settlement is ordered finally approved. All terms and provisions of the 

Settlement should be and hereby are ordered to be consummated.

7. Without affecting the finality of this order in any way, the Court retains jurisdiction 

of all matters relating to the interpretation, administration, implementation, effectuation and 

enforcement of this order and the Settlement.

IT IS SO ORDERED.

Date: March 31, 2021

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00551-LHK Document 457 Filed 03/31/21 Page 3 of 3