2008, after extended discussions, the parties filed a proposed
settlement agreement. The proposed settlement was preliminarily
approved by Judge John E. Sprizzo by order entered November 17,
2008 (ECF No. 64). Notice of the proposed settlement triggered
hundreds of objections. As a consequence, the parties began
discussing possible modifications to the proposed settlement to
address at least some of the concerns raised by objectors and
others. On November 13, 2009, the parties executed the ASA and
filed a motion for final approval of the ASA pursuant to Federal
Rule of Civil Procedure 23(e) (ECF No. 768). I entered an order
preliminarily approving the ASA on November 19, 2009 (ECF No.
772).
Notice of the ASA was disseminated. As was the case
with the original proposed settlement, hundreds of class members
objected to the ASA. A few wrote in its favor. The Department
of Justice ("DOJ") filed a statement of interest raising certain
concerns (ECF No. 922). Amici curiae weighed in, both for and
against the proposed settlement. The Court conducted a fairness
hearing on February 18, 2010.
B. The ASA
The ASA is a complex document. It is 166 pages long,
not including attachments. Article I sets forth 162 definitions,
-5-
2008, after extended discussions, the parties filed a proposed
settlement agreement. The proposed settlement was preliminarily
approved by Judge John E. Sprizzo by order entered November 17,
2008 (ECF No. 64). Notice of the proposed settlement triggered
hundreds of objections. As a consequence, the parties began
discussing possible modifications to the proposed settlement to
address at least some of the concerns raised by objectors and
others. On November 13, 2009, the parties executed the ASA and
filed a motion for final approval of the ASA pursuant to Federal
Rule of Civil Procedure 23(e) (ECF No. 768). I entered an order
preliminarily approving the ASA on November 19, 2009 (ECF No.
772).
Notice of the ASA was disseminated. As was the case
with the original proposed settlement, hundreds of class members
objected to the ASA. A few wrote in its favor. The Department
of Justice ("DOJ") filed a statement of interest raising certain
concerns (ECF No. 922). Amici curiae weighed in, both for and
against the proposed settlement. The Court conducted a fairness
hearing on February 18, 2010.
B. The ASA
The ASA is a complex document. It is 166 pages long,
not including attachments. Article I sets forth 162 definitions,
-5-
