LANE v. FACEBOOK, INC.

Nos. 10-16380, 10-16398.

696 F.3d 811 (2012)

Sean LANE; Mohannaed Sheikha; Sean Martin; Ali Sammour; Mohammaed Zidan; Sara Karrow; Colby Henson; Denton Hunker; Firas Sheikha; Hassen Sheikha; Linda Stewart; Tina Tran; Matthew Smith; Erica Parnell; John Conway; Phillip Huerta; Alicia Hunker; Megan Lynn Hancock, a minor, by and through her parent Rebecca Holey; Austin Muhs; Catherine Harris; Mario Herrera; Maryam Hosseiny, individually and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. FACEBOOK, INC., a Delaware corporation; Blockbuster, Inc., a Delaware corporation; Fandango, Inc., a Delaware corporation; Hotwire, Inc., a Delaware corporation; Sta Travel, Inc., a Delaware corporation; Overstock.com, Inc., a Delaware corporation; Zappos.com, Inc., a Delaware corporation; Gamefly, Inc., a Delaware corporation, Defendants-Appellees, Ginger McCall, Class Member, Objector-Appellant. Sean Lane; Mohannaed Sheikha; Sean Martin, individually, and on behalf of themselves and all others similarly situated; Ali Sammour; Mohammaed Zidan; Sara Karrow; Colby Henson; Denton Hunker; Firas Sheikha; Hassen Sheikha; Linda Stewart; Tina Tran; Matthew Smith; Erica Parnell; John Conway; Phillip Huerta; Alicia Hunker; Megan Lynn Hancock, a minor, by and through her parent Rebecca Holey; Austin Muhs; Catherine Harris; Mario Herrera; Maryam Hosseiny, individually and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Facebook, Inc., a Delaware corporation; Blockbuster, Inc., a Delaware corporation; Hotwire, Inc., a Delaware corporation; Fandango, Inc., a Delaware corporation; Sta Travel, Inc., a Delaware corporation; Overstock.com, Inc., a Delaware corporation; Zappos.com, Inc., a Delaware corporation; Gamefly, Inc., a Delaware corporation, Defendants-Appellees, Megan Marek; Benjamin Trotter, Class Members, Objectors-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2012.


Attorney(s) appearing for the Case

Michael H. Page , Public Citizen Litigation Group, Washington, D.C.; Steven F. Helfand , Helfand Law Offices, San Francisco, CA, for the objectors-appellants.

Scott A. Kamber , Kamber Law, LLC, New York, NY, for the plaintiffs-appellees.

Michael G. Rhodes , Cooley LLP, San Francisco, CA, for the defendants-appellees.

Opinion by Judge HUG; Dissent by Judge KLEINFELD.


OPINION

HUG, Circuit Judge:

The question presented is whether the district court abused its discretion in approving the parties' $9.5 million settlement agreement as "fair, reasonable, and adequate," either because a Facebook employee sits on the board of the organization distributing cy pres funds or because the settlement amount was too low. We hold that it did not.

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