UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF INDIANA Case No. 1:08-CV WTL-JMS

Transcription

1 UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF INDIANA Case No. 1:08-CV WTL-JMS IF YOU APPLIED THROUGH TICKETMASTER TO PURCHASE PRELIMINARY ROUND TICKETS FOR THE 2009 NCAA MEN S COLLEGE BASKETBALL TOURNAMENT, THIS IS TO NOTIFY YOU OF A CLASS ACTION SETTLEMENT The United States District Court for the Southern District of Indiana has authorized this notice; it is not a solicitation from a lawyer. This notice provides you with important information about the partial settlement ( Settlement ) of a class action lawsuit filed against the National Collegiate Athletic Association ( NCAA ) and Ticketmaster. This Settlement pertains only to the claims that were alleged against Ticketmaster. The lawsuit against the NCAA has not been settled. Your rights may be affected by this Notice. If you wish to pursue litigation against Ticketmaster relating to this matter, you must act by March 23, This notice is directed to all individuals who applied through Ticketmaster for tickets to the preliminary round games for the 2009 NCAA Men s Basketball Tournament. The customers to be bound by this Settlement are referred to collectively as the Settlement Class and individually as Settlement Class Members. Your legal rights are affected whether you act, or do not act. Read this notice carefully. SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS EXCLUDE YOURSELF OBJECT GO TO HEARING DO NOTHING If you want to pursue an individual claim against Ticketmaster relating to the issues raised in this lawsuit, you will have to opt out of this Settlement as and when required and will be responsible to secure your own representation to pursue such claims. Otherwise, any claims you may have relating to this matter will be barred if the Court approves this Settlement. Write to the Court about why you do not like the Settlement. Ask to speak in court about the fairness of the Settlement. You will give up your right to file your own lawsuit or participate in any other lawsuit against Ticketmaster concerning the claims being released in the case. 1

2 These rights and options and the deadline described above to exercise them are explained in this notice. The Court in charge of this case still has to decide whether to approve the Settlement. BASIC INFORMATION 1. What is this lawsuit about? This lawsuit was filed on May 22, 2008, by plaintiff Tom George against the NCAA and Ticketmaster. It challenges the manner in which the NCAA sells and distributes tickets to certain NCAA Division I sports championships. The essence of the lawsuit involves allegations that the NCAA and Ticketmaster charge customers a non-refundable fee to apply for tickets to NCAA Division I sports events and are unjustly enriched by not refunding the fees paid by customers who do not receive tickets to oversubscribed events. When the lawsuit was filed, Plaintiff believed that Ticketmaster was involved in the processing of Final Four and preliminary round tickets for the NCAA Men s Basketball Tournament, and had been processing such applications for years. After this lawsuit was filed, through discussions with Ticketmaster s counsel, Plaintiff s counsel learned that Ticketmaster had not processed NCAA ticket applications for years (as alleged in the original Complaint), and that the first time Ticketmaster became involved in processing applications for NCAA tournament events was from approximately March 15, 2008 through May 31, 2008, for preliminary round games for the 2009 NCAA Men s Basketball Tournament. Ticketmaster never processed applications for Final Four tournament games. Furthermore, the manner in which applications were selected and the actual selection was determined and administered solely by NCAA. On or about June 25, 2008, Plaintiff s counsel arranged to file a First Amended Complaint, and later a Second Amended Complaint, to correct certain factual statements in the Complaint, change certain legal claims and add three new Plaintiffs named Chris Vitron, Lori Chapko and Edward Snead, all of whom allege that they applied to purchase tickets through Ticketmaster to the preliminary rounds of the 2009 NCAA Men s Basketball Tournament (not the Final Four ) and that they paid a non-refundable service fee with the application. Plaintiffs Second Amended Complaint alleges claims against Ticketmaster for Declaratory Relief, Unjust Enrichment, Civil Conspiracy and Unfair Competition, and Plaintiffs have alleged similar claims against the NCAA. After the ticket application process concluded in 2008, Ticketmaster voluntarily refunded the fees paid by all customers who applied through Ticketmaster for tickets to such preliminary round games and were not selected to receive tickets. Those who applied through Ticketmaster and were selected by the NCAA to receive tickets have been notified that their ticket requests will be filled. Plaintiffs are proposing to settle with Ticketmaster and release any claims against Ticketmaster pertaining to the preliminary rounds of the 2009 NCAA men s basketball tournament because they now have a better understanding of Ticketmaster s short and limited role in the challenged practice, Ticketmaster has voluntarily returned all monies received from unsuccessful Ticket applicants for the preliminary rounds of the 2009 NCAA men s basketball tournament, and Ticketmaster has agreed not to participate in the future 2

3 processing of tickets for NCAA events where applicants pay non-refundable fees to apply for tickets where there are insufficient tickets to fill all requests. Plaintiffs are not releasing any claims against the NCAA, even those relating to the preliminary rounds of the 2009 NCAA men s basketball tournament. Plaintiffs specifically intend to pursue any and all claims against the NCAA alleged in the Second Amended Complaint. 2. Why did I receive this notice of these lawsuits? Ticketmaster s records indicate that you applied through Ticketmaster for tickets to the preliminary round games for the 2009 NCAA Men s Basketball Tournament and paid a service fee with those applications. Since any claims by you against Ticketmaster will be waived and released as part of this Settlement, and Ticketmaster s only involvement with the challenged application process was with the preliminary round games for the 2009 NCAA Men s Basketball Tournament, we are giving you this opportunity to object to or opt out of the Settlement if you believe it is in your best interests to do so. The Court directed that this Notice be sent to the Settlement Class because you each have a right to know about the proposed Settlement and your available options before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and any objections and appeals are resolved, then your claims against Ticketmaster will be deemed barred and released unless you opt out of the Settlement in writing in accordance with the terms below. NO ADDITIONAL MONEY OR REFUNDS FROM TICKETMASTER As stated above, Ticketmaster already has refunded the service fees paid by customers who applied for tickets to preliminary round games for the 2009 NCAA Men s Basketball Tournament and did not receive tickets. Ticketmaster also has notified applicants who will receive tickets. Finally, Ticketmaster has agreed not to participate in any future ticket processing with the NCAA that involves Ticketmaster accepting nonrefundable fees for ticket applications that Ticketmaster and the NCAA are unable to fill. 3. I am still not sure whether I am included. If you are still not sure whether you are included, you can ask for help free of charge. You can call or for more information. 4. What does the settlement provide? Ticketmaster already has refunded the service fees paid by you and other customers who applied for tickets to the 2009 NCAA Men s Basketball Tournament and did not receive tickets, and further agrees to refund the services fees of any customer it may have missed. Ticketmaster also has agreed not to participate in any future ticket processing with the NCAA that involves Ticketmaster accepting non-refundable service fees for ticket applications that Ticketmaster and the NCAA are unable to fill. 3

4 5. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court ordered that the following counsel and their law firm will represent you and the other Settlement Class Members: Rob Carey and Leonard Aragon of the law firm Hagens Berman Sobol Shapiro, LLP, 2425 Camelback Road, Suite 650, Phoenix, Arizona 80516; Phone: (602) , address: leonard@hbsslaw.com. If you want to be represented by your own lawyer, you may hire one at your own expense. If you elect to exclude yourself or opt out of this settlement, you will not be represented by class counsel. 6. How will the lawyers be paid? Plaintiffs Counsel is not seeking and will not be paid any attorney s fees or reimbursed any costs relating to this settlement with Ticketmaster. 7. What am I giving up if I do not exclude myself from the Settlement Class? Unless you opt out in writing and exclude yourself, you are a member of the Settlement Class. That means that if the Settlement is approved, then you will forever waive all claims against Ticketmaster arising from the facts described in this lawsuit. EXCLUDING YOURSELF FROM THE SETTLEMENT 8. How do I exclude myself from the Settlement? If you want to keep any rights you may have to sue Ticketmaster on your own relating in any manner to the subject matter of the lawsuit, then you must take steps to opt out. Excluding yourself from the Settlement Class is sometimes referred to as opting out. To opt out, you must send a letter by mail saying that you want to be excluded. Your letter can simply say I hereby elect to be excluded from the Settlement with Ticketmaster in the NCAA Lawsuit. Be sure to include your name, address, telephone number, and address. You cannot exclude yourself on the telephone or by . You must mail your exclusion request postmarked no later than March 23, 2009 to: Robert B. Carey, Esq. Leonard W. Aragon, Esq. Hagens Berman Sobol Shapiro, LLP 2425 Camelback Road, Suite 650 Phoenix, Arizona If you exclude yourself from the Settlement Class, you cannot object to the Settlement and you will not be bound thereby. 4

5 9. If I do not exclude myself can I sue Ticketmaster later for the claims that I am releasing in this Settlement? No. Unless you exclude yourself, you give up any right to sue Ticketmaster for the claims arising out of or relating to this lawsuit. You must exclude yourself from the Settlement Class to bring your own lawsuit. Remember, the exclusion deadline is March 23, OBJECTING TO THE SETTLEMENT 10. How do I notify the Court that I do not like and object to the Settlement? If you are a Settlement Class Member you can object to the Settlement or any part of it you do not like. To object, you must send a signed letter to the Court saying that you are a Settlement Class Member, that you object to the Settlement and the reasons why you object. In your objection, you must include your name, address, telephone number, and your signature. You should refer to the Ticketmaster/NCAA Litigation. Your objection must be mailed to the Court and counsel listed below and be post-marked no later than March 23, 2009: COURT PLAINTIFFS COUNSEL DEFENSE COUNSEL Hon. William T. Lawrence United States District Court Southern District of Indiana 46 East Ohio Street Indianapolis, Indiana Robert B. Carey, Esq. Leonard W. Aragon, Esq. Hagens Berman Sobol Shapiro LLP 2425 East Camelback Road Suite 650 Phoenix, AZ Jeff E. Scott, Esq. Greenberg Traurig, LLP 2450 Colorado Avenue Suite 400E Santa Monica, CA What is the difference between objecting to and requesting exclusion from the Settlement? Objecting is simply telling the Court in writing that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. If your objection is overruled by the Court, you will be bound by the Settlement, and therefore will not be able to sue or continue suing Ticketmaster. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you. THE COURT S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. 12. When and where will the Court decide whether to approve the Settlement? The Court will hold a Final Approval Hearing at 2 p.m. on April 15, 2009, in Courtroom 307 of the United States District Court--Southern District, Indianapolis Division, 46 East Ohio Street, Indianapolis, Indiana At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. If 5

6 there are written objections, the Court will consider them. At this hearing, the Court may also listen to people who have filed objections and wish to speak at the hearing. 13. Do I have to come to the hearing? No. Plaintiffs Counsel will answer any questions the Court may have. You may attend if you desire to do so. If you have submitted an objection, then you may want to attend. 14. May I speak at the hearing? You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include with your objection, described in Question 10 above, the statement, I hereby give notice that I intend to appear at the Final Approval Hearing in the Ticketmaster/NCAA Litigation. Be sure to include your name, address and telephone number, and sign the letter. If you intend to have any witnesses testify or to introduce any evidence at the Final Approval Hearing, you must list the witnesses and evidence in your objection. Your Notice of Intention to Appear must be postmarked no later than March 30, 2009, and be sent to the Clerk of the Court, Plaintiffs Counsel, and Defense Counsel, at the addresses shown in the answer to Question 10, above. You cannot speak at the hearing if you exclude yourself. 15. What happens if I do nothing at all? IF YOU DO NOTHING If you do nothing, you will not be able to start a lawsuit against Ticketmaster, continue with a lawsuit against Ticketmaster, or be part of any other lawsuit against Ticketmaster that involves the claims released by this Settlement because a complete refund of service fees were returned after the lawsuit was filed. GETTING MORE INFORMATION This Notice summarizes the proposed Settlement. More details are contained in the Settlement Agreement. You can obtain a copy of the Settlement Agreement by contacting Plaintiffs Counsel and requesting a copy. DO NOT CONTACT THE COURT OR ANY REPRESENTATIVE OF TICKETMASTER CONCERNING THIS NOTICE 6