UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Transcription

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In re Cablevision Consumer Litigation Master File No. 10-CV-4992 (JS) (AKT) CLASS ACTION NOTICE Were you a Cablevision Subscriber in October 2010? THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ CAREFULLY. To: All individuals who contracted with Cablevision prior to October 16, 2010, to receive cable television services between October 16, 2010 and October 30, YOU ARE HEREBY NOTIFIED that on March 31, 2014, this action was certified as a class action pursuant to Rule 23(b) of the Federal Rules of Civil Procedure, the class consisting of: All individuals who contracted with Cablevision prior to October 16, 2010, to receive cable television services between October 16, 2010 and October 30, Excluded from the Class are Cablevision s officers, directors, legal representatives, heirs, successors, and assigns; and any judicial officer assigned to this case and his or her immediate family. O457

2 DESCRIPTION OF THE LITIGATION Commencing in October 2010, several plaintiffs (collectively, Plaintiffs ) filed this action against Cablevision Systems Corporation and CSC Holdings, LLC (collectively, Cablevision ), on behalf of themselves and a putative class of approximately three million Cablevision subscribers in New York, New Jersey, Connecticut and Pennsylvania, claiming contractual remedies, including pro rata credits, because certain broadcast stations and networks owned by Fox Cable Network Services ( Fox ) were not distributed to customers during the two-week period of October 16, 2010 and October 30, Prior to October 16, 2010, certain Plaintiffs purchased bundled packages of cable channels that included some or all of the following channels: WNYN ( Fox 5 ), WWOR ( My9 Channel ), WTFX ( Fox 29 ), Fox Business Network, National Geographic Wild, and Fox Deportes (collectively, the Fox Channels ). On October 16, 2010, Cablevision s retransmission agreement with Fox s parent company, News Corp., expired. As a result, from October 16, 2010 through October 30, 2010, Cablevision did not distribute the Fox Channels to subscribers. Plaintiffs Position: Plaintiffs allege that the two-week absence of the Fox Channels was a program or service interruption within the meaning of Paragraph 4 of the Terms of Service, and did not constitute a change in the channel lineups. Plaintiffs allege that Cablevision breached the Terms of Service by failing to provide a pro rata credit or alternative programming to its subscribers for the two-week period that the Fox Channels were not available. Plaintiffs claim that they are entitled to a pro rata credit pursuant to the Terms of Service. Cablevision s Position: Cablevision denies that it breached the Terms of Service, and contends that no credit is owed as a result of the loss of the specific Fox Channels here. According to Cablevision, Paragraph 4 of the Terms of Service is limited to interruptions or outages caused by a mechanical or technical problems with Cablevision s network and does not apply to the circumstances of this case. Rather, Cablevision contends that its retransmission agreement with Fox s parent company, News Corp., expired and the parties were unable to reach mutually acceptable terms for a new agreement. As a result, Cablevision did not

3 have News Corp. s permission to distribute the Fox Channels to subscribers during the two-week period at issue. According to Cablevision, the absence of the Fox Channels from its channel lineups during the two-week period at issue is covered by Paragraph 17, which provides that All programming, program services, program packages, number of channels, channel allocations, broadcast channels... are subject to change in accordance with applicable law. CLASS ACTION CERTIFICATION Without ruling on the merits of Plaintiffs claim or Cablevision s denials and affirmative defenses to that claim, the Court has ruled that this lawsuit may proceed as a class action on behalf the class defined above. The Court has also approved the law firms of Stone Bonner & Rocco LLP, Law Office of Todd J. Krouner, and Shahmoon & Ellisen LLP to act as class counsel for the class ( Class Counsel ). The Court s decision certifying this case as a class action does not mean that any money or injunctive relief will be obtained for class members. These are contested issues that have not been decided. Rather, the ruling means that the ultimate outcome of this lawsuit whether favorable to the plaintiffs or defendants will apply to the class members; that is, all Cablevision subscribers described above who do not timely elect to be excluded from the class will be bound by the outcome.

4 ELECTION BY CLASS MEMBERS If you fit the above description of a plaintiff class member, you have a choice whether or not to remain a member of the class. To remain a member of the plaintiff class and be included in this lawsuit you do not need to take any action at this time. You will not be responsible for any attorneys fees or expenses of the class action lawsuit, except that if there is a recovery for the class, plaintiffs counsel will ask the court for fees and expenses to be paid from that recovery. By remaining a class member, any claims you may have against Cablevision for damages or other forms of relief as alleged in the class action will be conclusively decided in this case and cannot be presented in any other lawsuit. If you want to be excluded from the plaintiff class and be taken out of this lawsuit, you must either (A) send an on or before February 27, 2015 to info@krounerlaw.com identifying your name as used to subscribe to Cablevision in October 2010 and both the address you lived at in October 2010 and your present address; or (B) submit a letter postmarked by February 27, 2015 (i) identifying your name as used to subscribe to Cablevision in October 2010 and both the address you lived at in October 2010 and your present address, and (ii) stating that you request to be excluded from the plaintiff class. If you wish to opt out by letter rather than , your letter should be addressed to Law Office of Todd J. Krouner at 93 North Greeley Avenue, Chappaqua, New York By electing to be excluded (1) you will not share in any recovery that might be paid to class members as a result of trial or settlement of this lawsuit; (2) you will not be bound by any resolution of this lawsuit that might be favorable to Cablevision; (3) you may present any claims you have against Cablevision by filing your own lawsuit or you may seek to intervene in this lawsuit.

5 RIGHTS AND OBLIGATIONS OF CLASS MEMBERS If you remain a member of the class: 1. The named Plaintiffs will act as your representatives and Class Counsel will act as your attorneys for the presentation of the claims against Cablevision. If you desire, you may appear or intervene in this lawsuit at your own expense. 2. Your participation in any recovery that may be obtained against Cablevision as a result of a judgment or settlement will depend upon the results of this lawsuit. If no recovery is obtained for the class, you will be bound by that result as well. 3. You will be entitled to notice and an opportunity to be heard with respect to any proposed settlement of the class claims. ADDITIONAL INFORMATION Please do not contact the court with questions. Any questions you may have concerning matters contained in this Notice should be directed in writing to any of the following: Ralph M. Stone STONE BONNER & ROCCO LLP 145 West 45th Street, Suite 701 New York, New York Todd J. Krouner LAW OFFICE OF TODD J. KROUNER 93 North Greeley Avenue Chappaqua, New York Carol S. Shahmoon SHAHMOON & ELLISEN LLP 370 Lexington Avenue, 24th Floor New York, New York 11017

6 You may seek advice and guidance of your own attorney if you desire at your own expense. The pleadings and any other records in this lawsuit may be examined and copied at any time during regular business hours at the office of the Court Clerk at 100 Federal Plaza, Central Islip, New York DATED: November 12, 2014 BY ORDER OF THE COURT /s/ Joanna Seybert United States District Judge INS1214COMCS1356