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SUPERIOR COURT OF THE STATE OF CALIFORNIA - COUNTY OF LOS ANGELES
--------------------------------------------------------------------------------
CURT SCHLESINGER and PETER LO RE,
on behalf themselves and the Class,
v.
TICKETMASTER, a Delaware Corporation,
)
)
)
)
No. BC304565
NOTICE OF PROPOSED
SETTLEMENT OF CLASS ACTION
--------------------------------------------------------------------------------
This proposed settlement (“Settlement”) is on behalf of a nationwide class of consumers (the “Class”) who (1) purchased tickets on Ticketmaster’s website, www.ticketmaster.com (“the Website”) between October 21, 1999 and October 19, 2011 (the “Class Period”), (2) paid money to Defendant Ticketmaster for an Order Processing Fee (“OPF”) that was not refunded, (3) did not and do not opt-out of the Class, and (4) were residents of one of the fifty United States at the time of their purchase. Excluded from the Class are (a) Ticketmaster, (b) any entities in which Ticketmaster has a controlling interest or which have a controlling interest in Ticketmaster, (c) the officers, directors, employees, affiliates, and attorneys of Ticketmaster, or (d) any employee or officer of the Court or their immediate family members.
The proposed Settlement is also on behalf of a nationwide subclass (the “UPS Subclass”) of all Class Members who paid a delivery price for expedited delivery of their tickets via UPS (the “Delivery Price”).
The Class asserts claims that Ticketmaster’s OPF is excessive and deceptive. The UPS Subclass asserts claims that Ticketmaster’s UPS delivery charges are excessive and deceptive.
If you are a member of the Class and do not opt out of this proposed Settlement as set forth below, the Settlement will resolve your claims if approved by the Court.
On May 29, 2012 at 8:30 a.m., there will be a Final Approval hearing for the Court to determine whether to approve the settlement described below. The hearing will be held before Judge Kenneth R. Freeman, in Department 64 of the Superior Court of the State of California for the County of Los Angeles, located at 111 North Hill Street, Los Angeles, California 90012.
The proposed Settlement will provide a combination of benefits to the Class and UPS Subclass. Additionally, Lead Class counsel (identified below) will apply for up to $16.5 million in attorneys' fees and expense reimbursements to counsel for the class and for an incentive award of $20,000 to each of the class representatives. Ticketmaster has agreed not to oppose that request and the Court will decide how much to award to Class counsel and the class representatives. The specific terms of the settlement are described in a Settlement Agreement and Release. This Notice does not change the terms of the Settlement Agreement, and is intended as a short summary of that document, which will be made available for your review on the Litigation Website as described below. In the event of any conflict between this document and the terms of the Settlement Agreement, the terms of the Settlement Agreement will govern.
SUMMARY OF YOUR LEGAL RIGHTS & OPTIONS1
(DETAILED DESCRIPTION FOLLOWS)
OPF CLAIMS - ALL CLASS MEMBERS
RECEIVE TICKETMASTER CREDITS
If you take no action, and the settlement is approved by the Court, you will automatically receive, via email at the most recent email address associated with your purchases on Ticketmaster.com, discount codes (“Codes”) which can be used for future purchases for U.S. events from Ticketmaster’s Website (except for events at venues owned or operated by AEG as set forth in the Settlement Agreement). For each transaction that you made during the Class Period, you will receive one code via email for a $1.50 discount, up to a maximum of 17 codes. This does not include the additional benefits, for the UPS Subclass members, which are described below. The Codes may be combined up to a maximum of two credits ($3.00) that may be applied on future transactions as described above. The Codes are non-transferable, expire 48 months from distribution, and may be redeemed only for purchases made using the email address to which they were sent (or an updated address provided to the Claims Administrator or Ticketmaster and verified as belonging to the Class Member).
UPS SUBCLASS MEMBERS
RECEIVE ADDITIONAL CREDITS FOR UPS OR OTHER OVERNIGHT SHIPPING (IF AVAILABLE)
If you are a member of the UPS Subclass, you will be entitled to additional relief under the Settlement. Specifically, for each transaction you made using UPS delivery of your tickets (up to 17 transactions), you will receive one UPS code (“UPS Code”) via email, for $5.00 off subsequent expedited delivery fees on purchases from Ticketmaster’s Website (except for events at venues owned or operated by AEG as set forth in the Settlement Agreement) of tickets that are shipped via UPS or some other form of overnight delivery that Ticketmaster may offer in the future. These UPS Codes may not be combined, and only one UPS Code may be used per transaction. However, this benefit may be used for a ticket order together with the OPF Code described above. The UPS Codes are non-transferable, expire 48 months after they are first usable, and may be redeemed only for purchases made using the email address to which they were sent (or an updated address provided to the Claims Administrator or Ticketmaster and verified as belonging to the Class Member).
ALL CLASS MEMBERS
OBJECT TO THE SETTLEMENT
You may file an objection and ask the Court not to approve the settlement. You may object to or oppose any aspect of the settlement, including the relief provided to the Class or UPS Subclass and/or the attorneys' fees and expenses and/or the incentive award requested for the Plaintiffs who brought this suit. In order for any objection to be considered, you must file a written statement with the Court, and provide a copy to Lead Class Counsel and Ticketmaster’s Counsel at the addresses listed herein, by February 16, 2012. You may retain an attorney at your own cost to represent you in connection with any such opposition or objection.
ALL CLASS MEMBERS
OPT OUT OF THE SETTLEMENT
You do not need to take any action to enjoy the benefits of the Settlement, other than to meet the requirements for being a member of the Class and UPS Subclass, as applicable. If you elect to opt out and be excluded from the lawsuit, the Court will exclude you from the Class and UPS Subclass, as applicable, and you will not enjoy any benefits under this Settlement.
If you do not wish to participate in the Settlement, you must say so in writing. Your written request to be excluded must include your name and email address. To be effective, the exclusions must be submitted on-line or mailed by February 16, 2012. An exclusion may be either completed on-line at www.ticketfeelitigation.com or be mailed in an envelope by U.S. Mail or sent via email to the Claims Administrator, The Garden City Group, Inc. at the following addresses:
Mail:
Schlesinger v. Ticketmaster
c/o The Garden City Group, Inc.
P.O. Box 9731
Dublin, OH 43017-5631
Email: ticketfeelitigation@gcginc.com
If you do not exclude yourself, you will be represented as a member of the Class and UPS Subclass, as applicable, by Lead Class Counsel who are identified below and have been appointed by the Court to serve as class counsel. You will also release all claims against Ticketmaster as summarized below and as set forth in detail in the Settlement Agreement.
SUPERIOR COURT OF THE STATE OF CALIFORNIA - COUNTY OF LOS ANGELES
--------------------------------------------------------------------------------
CURT SCHLESINGER and PETER LO RE,
on behalf themselves and the Class,
v.
TICKETMASTER, a Delaware Corporation,
)
)
)
)
No. BC304565
NOTICE OF PROPOSED
SETTLEMENT OF CLASS ACTION
--------------------------------------------------------------------------------
This proposed settlement (“Settlement”) is on behalf of a nationwide class of consumers (the “Class”) who (1) purchased tickets on Ticketmaster’s website, www.ticketmaster.com (“the Website”) between October 21, 1999 and October 19, 2011 (the “Class Period”), (2) paid money to Defendant Ticketmaster for an Order Processing Fee (“OPF”) that was not refunded, (3) did not and do not opt-out of the Class, and (4) were residents of one of the fifty United States at the time of their purchase. Excluded from the Class are (a) Ticketmaster, (b) any entities in which Ticketmaster has a controlling interest or which have a controlling interest in Ticketmaster, (c) the officers, directors, employees, affiliates, and attorneys of Ticketmaster, or (d) any employee or officer of the Court or their immediate family members.
The proposed Settlement is also on behalf of a nationwide subclass (the “UPS Subclass”) of all Class Members who paid a delivery price for expedited delivery of their tickets via UPS (the “Delivery Price”).
The Class asserts claims that Ticketmaster’s OPF is excessive and deceptive. The UPS Subclass asserts claims that Ticketmaster’s UPS delivery charges are excessive and deceptive.
If you are a member of the Class and do not opt out of this proposed Settlement as set forth below, the Settlement will resolve your claims if approved by the Court.
On May 29, 2012 at 8:30 a.m., there will be a Final Approval hearing for the Court to determine whether to approve the settlement described below. The hearing will be held before Judge Kenneth R. Freeman, in Department 64 of the Superior Court of the State of California for the County of Los Angeles, located at 111 North Hill Street, Los Angeles, California 90012.
The proposed Settlement will provide a combination of benefits to the Class and UPS Subclass. Additionally, Lead Class counsel (identified below) will apply for up to $16.5 million in attorneys' fees and expense reimbursements to counsel for the class and for an incentive award of $20,000 to each of the class representatives. Ticketmaster has agreed not to oppose that request and the Court will decide how much to award to Class counsel and the class representatives. The specific terms of the settlement are described in a Settlement Agreement and Release. This Notice does not change the terms of the Settlement Agreement, and is intended as a short summary of that document, which will be made available for your review on the Litigation Website as described below. In the event of any conflict between this document and the terms of the Settlement Agreement, the terms of the Settlement Agreement will govern.
SUMMARY OF YOUR LEGAL RIGHTS & OPTIONS1
(DETAILED DESCRIPTION FOLLOWS)
OPF CLAIMS - ALL CLASS MEMBERS
RECEIVE TICKETMASTER CREDITS
If you take no action, and the settlement is approved by the Court, you will automatically receive, via email at the most recent email address associated with your purchases on Ticketmaster.com, discount codes (“Codes”) which can be used for future purchases for U.S. events from Ticketmaster’s Website (except for events at venues owned or operated by AEG as set forth in the Settlement Agreement). For each transaction that you made during the Class Period, you will receive one code via email for a $1.50 discount, up to a maximum of 17 codes. This does not include the additional benefits, for the UPS Subclass members, which are described below. The Codes may be combined up to a maximum of two credits ($3.00) that may be applied on future transactions as described above. The Codes are non-transferable, expire 48 months from distribution, and may be redeemed only for purchases made using the email address to which they were sent (or an updated address provided to the Claims Administrator or Ticketmaster and verified as belonging to the Class Member).
UPS SUBCLASS MEMBERS
RECEIVE ADDITIONAL CREDITS FOR UPS OR OTHER OVERNIGHT SHIPPING (IF AVAILABLE)
If you are a member of the UPS Subclass, you will be entitled to additional relief under the Settlement. Specifically, for each transaction you made using UPS delivery of your tickets (up to 17 transactions), you will receive one UPS code (“UPS Code”) via email, for $5.00 off subsequent expedited delivery fees on purchases from Ticketmaster’s Website (except for events at venues owned or operated by AEG as set forth in the Settlement Agreement) of tickets that are shipped via UPS or some other form of overnight delivery that Ticketmaster may offer in the future. These UPS Codes may not be combined, and only one UPS Code may be used per transaction. However, this benefit may be used for a ticket order together with the OPF Code described above. The UPS Codes are non-transferable, expire 48 months after they are first usable, and may be redeemed only for purchases made using the email address to which they were sent (or an updated address provided to the Claims Administrator or Ticketmaster and verified as belonging to the Class Member).
ALL CLASS MEMBERS
OBJECT TO THE SETTLEMENT
You may file an objection and ask the Court not to approve the settlement. You may object to or oppose any aspect of the settlement, including the relief provided to the Class or UPS Subclass and/or the attorneys' fees and expenses and/or the incentive award requested for the Plaintiffs who brought this suit. In order for any objection to be considered, you must file a written statement with the Court, and provide a copy to Lead Class Counsel and Ticketmaster’s Counsel at the addresses listed herein, by February 16, 2012. You may retain an attorney at your own cost to represent you in connection with any such opposition or objection.
ALL CLASS MEMBERS
OPT OUT OF THE SETTLEMENT
You do not need to take any action to enjoy the benefits of the Settlement, other than to meet the requirements for being a member of the Class and UPS Subclass, as applicable. If you elect to opt out and be excluded from the lawsuit, the Court will exclude you from the Class and UPS Subclass, as applicable, and you will not enjoy any benefits under this Settlement.
If you do not wish to participate in the Settlement, you must say so in writing. Your written request to be excluded must include your name and email address. To be effective, the exclusions must be submitted on-line or mailed by February 16, 2012. An exclusion may be either completed on-line at www.ticketfeelitigation.com or be mailed in an envelope by U.S. Mail or sent via email to the Claims Administrator, The Garden City Group, Inc. at the following addresses:
Mail:
Schlesinger v. Ticketmaster
c/o The Garden City Group, Inc.
P.O. Box 9731
Dublin, OH 43017-5631
Email: ticketfeelitigation@gcginc.com
If you do not exclude yourself, you will be represented as a member of the Class and UPS Subclass, as applicable, by Lead Class Counsel who are identified below and have been appointed by the Court to serve as class counsel. You will also release all claims against Ticketmaster as summarized below and as set forth in detail in the Settlement Agreement.
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