Keller v. Electronic Arts Inc. et al

Filing 1177

ORDER by Judge Claudia Wilken GRANTING (167 in case 4:09-cv-03329-CW and 1108 in case 4:09-cv-01967-CW) PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH DEFENDANT ELECTRONIC ARTS INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (ndr, COURT STAFF) (Filed on 9/3/2014)

Case4:09-cv-01967-CW Document1175-3 Filed08/27/14 Page2 of 34
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
If You Were Listed on a Roster of an NCAA Division I Men’s
Football or Basketball Team, and That Team Was Included in One
of EA’s Videogames Between May 4, 2003 and [preliminary
approval date], You Could Be Affected by Two Proposed Class
Action Settlements.
A federal court authorized this Notice. This is not a solicitation from a lawyer.
If you are a Class Member, your legal rights are affected whether you act or don’t act.

Please Read This Notice and the Enclosed Claim Form Carefully
This Notice provides information about two proposed class action settlements concerning the alleged use of
National Collegiate Athletic Association (“NCAA”) men’s football and basketball players’ names, images, and
likenesses in certain NCAA-Branded Videogames that were manufactured and distributed by Electronic Arts Inc.
(“EA”).
The EA Videogame Settlement:
There are class action lawsuits pending against EA and
Collegiate Licensing Company LLC (“CLC”). These lawsuits
involve, among other things, claims by student-athletes that EA
and CLC (representing various NCAA member schools and
sometimes the NCAA) violated their legal rights by allegedly
licensing, using, and/or selling athletes’ names, images, and
likenesses in EA’s NCAA-Branded Videogames. EA and CLC
deny these allegations and deny any other wrongdoing. The
Court has not ruled on the merits of these claims. See
Question 2, below, for more information about these lawsuits.
A proposed settlement of $40 million has been reached between
EA and the student-athletes who brought these cases. If the
Court approves it, the EA Videogame Settlement will resolve
these cases as to both EA and CLC.
The NCAA Videogame Settlement:
There are class action lawsuits pending against the NCAA.
These lawsuits involve, among other things, claims by studentathletes that the NCAA violated their legal rights by allegedly
participating in the license, use, and/or sale of athletes’ names,
images, and likenesses in EA’s NCAA-Branded Videogames.
The NCAA denies these allegations and denies any other
wrongdoing. The Court has not yet ruled in favor of either the
NCAA or the student-athletes on these claims. See Question 2,
below, for more information on these lawsuits.

Are these settlements related to the trial
against the NCAA I’ve heard about?

You may have heard recently about a trial in a
case by student-athletes (led by Edward
O’Bannon) against the NCAA. Although the
trial involved claims that the NCAA used
student-athlete likenesses without permission,
those claims were against the NCAA only for
violations of antitrust laws. Also, unlike the
claims being resolved by this settlement, the
claims in the trial involved a request for
injunctive relief (a court order discontinuing
certain practices). The claims in the trial did not
involve claims for cash payments for past
conduct.
[Alt. A:] The trial in that case ended on June
27, 2014, and on August 8, the Court granted in
part and denied in part the student-athletes’
requested injunction, and the decision is
available for review at [Settlement Website].
The NCAA has appealed. [Alt. B:] The trial in
that case ended on June 27, 2014, and the Court
ruled in favor of the student-athletes. The
decision is available for review at [Settlement
Website].

A proposed settlement of $20 million has been reached between the NCAA and the student-athletes who brought
some of these cases. If the Court approves it, the NCAA Videogame Settlement will resolve these cases as to the
NCAA.
YOU MAY BE A MEMBER OF ONE OR BOTH CLASS ACTION SETTLEMENTS. Although the two
proposed settlements are similar in some respects, they contain different provisions, and it is possible that the
QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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Court could rule differently on each settlement. Please read this entire Notice carefully to make sure that you
understand both settlements.
The Court in charge of these cases still has to decide whether to approve these settlements, and payments will
only be made if the Court approves the settlements, and after any appeals are resolved. Please be patient, as this
process can take a long time.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THE TWO SETTLEMENTS

SUBMIT A CLAIM FORM

EXCLUDE YOURSELF FROM
ONE OR BOTH SETTLEMENTS

This is the only way to get a payment under the settlements.
You can submit one Claim Form for both settlements.
See the enclosed Claim Form for more details.
Requesting or Receiving a Payment Under Either of These
Settlements Will NOT Affect Your NCAA Eligibility.
Excluding yourself means you get no payment.
This is the only way you can ever be a part of any other case against EA,
CLC, or the NCAA about the claims being resolved by these settlements.
You must submit a separate request for exclusion for each settlement.
See Questions 16–18.

OBJECT TO ONE OR
BOTH SETTLEMENTS

Write to the Court about why you don’t like the settlements.
You must submit a separate objection for each settlement.
You cannot object in order to ask the Court for a higher payment for
yourself personally, although you can object to the payment terms (or
any other terms) that apply generally to the Class.
See Questions 21–22.

GO TO A HEARING

Ask to speak in Court about the fairness of the settlements.
The Court will hold a hearing for both settlements on the same day to
decide whether to approve the settlements.
See Question 23.

DO NOTHING

Get no payment. Give up rights.

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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WHAT THIS NOTICE CONTAINS
BASIC INFORMATION ..................................................................................................................................... 4
1. Why did I get this Notice? ................................................................................................................. 4
2. What are these lawsuits about? .......................................................................................................... 4
3. What is a class action and who are the Parties? ................................................................................. 4
4. Why is there a settlement? ................................................................................................................. 5
WHO IS IN THE TWO SETTLEMENTS.......................................................................................................... 5
5. How do I know if I am part of the settlements? What are the Class definitions? .............................. 5
6. What is an “NCAA-Branded Videogame”?....................................................................................... 5
7. I’m still not sure if I am included....................................................................................................... 5
THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY ................................................. 6
8. What do the proposed settlements provide? ...................................................................................... 6
9. How will claim payments be calculated? ........................................................................................... 6
10. How much will my payment be? ...................................................................................................... 7
HOW YOU GET A PAYMENT—SUBMITTING A CLAIM FORM ............................................................. 9
11. How can I get a payment? ................................................................................................................ 9
12. When will I get my payment?......................................................................................................... 10
13. What if I disagree with the amount of my payment?...................................................................... 10
14. What am I giving up to get a payment or stay in the settlements? ................................................. 10
15. Will getting a payment in either of the settlements affect my NCAA eligibility? ......................... 10
EXCLUDING YOURSELF (“OPTING OUT”) FROM ONE OR BOTH SETTLEMENTS ...................... 11
16. How do I get out of one or both settlements? ................................................................................. 11
17. If I don’t exclude myself, can I sue the Defendants for the same thing later?................................ 11
18. If I exclude myself, can I get a payment from the settlements? ..................................................... 11
THE LAWYERS REPRESENTING YOU....................................................................................................... 12
19. Do I have a lawyer in these cases? ................................................................................................. 12
20. How will the lawyers be paid? Are the Class Representatives being paid? ................................... 12
OBJECTING TO ONE OR BOTH SETTLEMENTS ..................................................................................... 13
21. How do I tell the Court that I don’t like the settlement(s)? ............................................................ 13
22. What’s the difference between objecting and excluding yourself? ................................................ 14
THE COURT’S FAIRNESS HEARING .......................................................................................................... 14
23. When and where will the Court decide whether to approve the settlements? ................................ 14
24. Do I have to come to the Fairness Hearing? ................................................................................... 15
25. May I speak at the Fairness Hearing? ............................................................................................. 15
IF YOU DO NOTHING ..................................................................................................................................... 15
26. What happens if I do nothing at all? ............................................................................................... 15
GETTING MORE INFORMATION................................................................................................................ 16
27. How do I get more information about the settlements? .................................................................. 16

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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BASIC INFORMATION
1. Why did I get this Notice?
You may have been on the roster of an NCAA Division I men’s basketball or football team that was included in
one of EA’s NCAA-Branded Videogames from May 4, 2003 through [preliminary approval date], and you
therefore may be a Member of one or both settlements. The fact that you have received this Notice does not
necessarily mean that you are a Class Member in either settlement. See Questions 5–7 for more details on how
you can determine if you are a Class Member in the settlements.
You were sent this Notice because, as a possible Class Member, you have a right to know about the two
proposed class action settlements, and about all your options, before the Court decides whether to give “final
approval” to the settlements. If the Court approves the settlements, payments will be made to those who qualify,
but only after any objections and appeals are resolved.
This Notice explains the various lawsuits, the settlements, your legal rights, what benefits are available under the
settlements, who is eligible for them, and how to get them. You must submit a valid Claim Form to receive a
payment under these settlements. See Questions 11–15 for more details on Claim Forms and the deadline to
submit them.
2. What are these lawsuits about?
There are class action cases pending against EA, CLC, and the NCAA. These cases deal with the alleged use of
NCAA men’s football and basketball players’ names, images, and likenesses in EA’s NCAA-Branded
Videogames. These cases involve different claims and time periods. Generally speaking, though, the cases
allege, among other things, that the NCAA, CLC, and EA violated the legal rights of student-athletes by using
their names, images, and likenesses in EA’s Videogames since May 4, 2003, both during and after the studentathletes’ involvement in NCAA athletics.
EA, CLC, and the NCAA have denied the claims and have asserted various defenses to the claims.
3. What is a class action and who are the Parties?
In a class action lawsuit, one or more people, called “Class Representatives,” sue on behalf of people who have
similar claims. All these people together are a “Class” or “Class Members.” One court resolves the issues for all
Class Members, except for those who choose to exclude themselves from the Class (see Question 16).
The Class Representatives (or “Plaintiffs”) in the cases involved in these settlements are or were all NCAA
student-athletes:
The Class Representatives in the EA Videogame Settlement are Edward C. O’Bannon Jr., Oscar
Robertson, William Russell, Harry Flournoy, Alex Gilbert, Sam Jacobson, Thad Jaracz, David Lattin,
Patrick Maynor, Tyrone Prothro, Damien Rhodes, Eric Riley, Bob Tallent, Danny Wimprine, Ray Ellis,
Tate George, Jake Fischer, Jake Smith, Darius Robinson, Moses Alipate, Chase Garnham, Samuel Michael
Keller, Bryan Cummings, LaMarr Watkins, Bryon Bishop, Ryan Hart, and Shawne Alston.
The Class Representatives in the NCAA Videogame Settlement are Samuel Michael Keller, Bryan
Cummings, LaMarr Watkins, and Bryon Bishop.
The Defendants, or people being sued, in the cases are EA, CLC, and the NCAA.
Together, the Class Representatives and the Defendants are called the “Parties.”

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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4. Why is there a settlement?
EA, CLC, and NCAA have denied all liability in the lawsuits and have asserted various defenses to Plaintiffs’
claims. The Court did not decide in favor of any Plaintiff or any Defendant on the legal claims being resolved
here. Instead, all sides agreed to a settlement, which avoids the risk and cost of a trial, but still compensates the
people affected. The Class Representatives and their attorneys think that both settlements are in the best interests
of Class Members and that both settlements are fair, adequate, and reasonable.

WHO IS IN THE TWO SETTLEMENTS
To see if you are affected by the two proposed settlements, you first have to determine if you are a Class
Member in one or both settlements.
5. How do I know if I am part of the settlements? What are the Class definitions?
If you fall under the Class definition below for a settlement, you are a Class Member in that settlement and may
be eligible for a cash payment. See Questions 9–15 for more details about how the amount of your payment will
be calculated. You may be a Class Member in both settlements.
EA Videogame Settlement: Any NCAA Division I football and men’s basketball player who
(1) was listed on a roster published or issued by a school whose team was included in an NCAABranded Videogame originally published or distributed from July 21, 2005 through [preliminary
approval date], or (2) was listed on such a roster from May 4, 2003 and whose jersey number or
photograph was used in such a videogame.
NCAA Videogame Settlement: All NCAA Division I football and men’s basketball players
who were (1) listed on a roster published or issued by a school whose team was included in an
NCAA-Branded Videogame originally published or distributed from May 4, 2003 through
[preliminary approval date], and (2) whose assigned jersey number appears on a virtual player
in the software, or whose photograph was otherwise included in the software.
Excluded from the Classes are EA, CLC, the NCAA, and their officers, directors, legal representatives, heirs,
successors, and wholly or partly owned subsidiaries or affiliated companies, Class Counsel and their employees,
and their immediate family members, and the judicial offers, and associated court staff assigned to the cases
involved in these settlements and their immediate family members.
The definitions above are summaries, and are not the exact definitions found in the Settlement Agreements. The
specific definitions are set out in more detail in the Settlement Agreements, which are posted on
www.__________________settlement.com. (See EA Videogame Settlement Agreement ¶¶ _______ and NCAA
Videogame Settlement Agreement ¶¶ _____.)
6. What is an “NCAA-Branded Videogame”?
“NCAA-Branded Videogame” means every edition of NCAA Football, NCAA Basketball, and NCAA March
Madness (on any videogame platform) originally published or distributed by EA between May 4, 2003 and
[preliminary approval date].
7. I’m still not sure if I am included.
If you are still not sure whether you are included, you can get free help by contacting the Settlement
Administrator using any of the methods listed in Question 27.
You are not required to pay anyone to assist you in filing a claim or obtaining information about the
settlements.
QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY
8. What do the proposed settlements provide?
Both proposed settlements provide for cash payments to eligible Class Members.
The EA Videogame Settlement has a total Settlement Fund of $40 million. The NCAA Videogame Settlement
has a total Settlement Fund of $20 million.
Each Settlement has a proposed Distribution Plan. Under both Distribution Plans, each Settlement Fund will first
be used to pay for (1) the costs of class notice and administration, and (2) the attorneys’ fees, expenses, and
incentive awards approved by the Court (see Question 20 for more details on these awards).
The remainder of the Settlement Fund for each settlement (called the “Net Settlement Fund”) will then be
distributed to qualifying Class Members, as described in Question 9.
9. How will claim payments be calculated?
Payments to qualifying Class Members will be made based on each Class Member’s share of that settlement’s
“Net Settlement Fund.” A Class Member’s share will be determined by the number of “Points” earned by the
Class Member, as explained below. See Question 11 for details on how to get a payment if you are eligible.
Unless you exclude yourself (see Questions 16–18), or decide to only make a claim in one settlement (see the
Claim Form), your claim will be evaluated under each settlement’s Distribution Plan (below). Thus, you may be
eligible to receive a payment from both settlements for the same edition (year) of a Videogame.
Distribution Plans
The Distribution Plans in both settlements are based on “Points.” The value of these Points is not fixed at any
particular dollar amount, but will vary depending on how many people submit valid claims in each of the
settlements. See Question 10 for examples of how payments might vary.
The amount of Points you earn depends on which “Category” you fall into in the Point Tables below, which is in
turn based on the years you played, and exactly how your likeness was (or wasn’t) used in the Videogames. The
Point Tables list how many Points you get under each settlement. To understand the tables, you need to read the
definitions below.
Definitions:

Roster Appearance: You have a “Roster Appearance” if your name was listed on the roster of a team
that was included in any NCAA-Branded Videogame published or distributed from July 21, 2005 to
[preliminary approval date], and you don’t have an Avatar Match or Photograph Use as described
below. (This applies to the EA Videogame Settlement Only, and not to the NCAA Videogame
Settlement.)
Avatar Match: To have an Avatar Match, both of the following must be true:
a. Your name was listed on the roster of a team that was included in any NCAA-Branded Videogame
published or distributed from May 4, 2003 to [preliminary approval date]; and
b. Your assigned jersey number appears on a virtual avatar from that same team in the Videogame.
Photograph Use: Your photograph was used in an NCAA-Branded Videogame.
Class Counsel and the Settlement Administrator will use a database they compiled to determine Avatar
Matches as well as Photograph Uses in each Videogame. (More detail on the various ways they will
determine a “match” can be found at www.______________________settlement.com.)
QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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Point Table
Number of Points
Under EA
Under NCAA
Settlement
Settlement
1 point
0 points

Category

Description

Years

A

Roster Appearance
Avatar Match or Photograph Use

2005–2014

B

(if you have both, only one will count for
each edition of the Videogame)

2003–2005

1.8 points

1.8 points

2005–2014

6.6 points

6.6 points

C

Avatar Match or Photograph Use
(if you have both, only one will
count for each edition of the
Videogame)

Remember, you can get Points from both settlements. So, for example, if you have an Avatar Match for the
2006 edition of the Videogame, you would get 6.6 Points from each settlement.
Other Potential Payments Under the Settlements
If you are a Class Member and submit a valid Claim Form but do not qualify for any Points under the above
system, then you will receive a flat $100 payment from each settlement in which you are a Class Member.
If the Net Settlement Funds are not completely used up after making payments to all Class Members who submit
claims, any remaining funds will be used to make additional payments to qualifying Class Members who did not
submit claims. More detail on this can be found in the Settlement Agreements at
www.____________________settlement.com.
10. How much will my payment be?
The exact amount each qualifying Class Member in each settlement will receive cannot be calculated until
(1) the Court approves the settlements; (2) amounts are deducted from the Settlement Fund for notice and
administration costs, attorneys’ fees and expenses, and any Class Representative Incentive Awards; and (3) the
Settlement Administrator determines the number of Class Members who have submitted valid claims and, after
checks are issued, who cashed their checks. See Question 9 for the general method of calculating claims
payments.
Estimated Payments
Below are charts prepared by Class Counsel with estimated payment amounts for each Category. The charts are
broken down by “Claims Rate,” which means they provide an estimate of how much each Category gets if a
certain percentage of Class Members in that category submit valid claims. So a 50% claims rate means that 50%
of the possible claims were submitted in that Category. We do not know what the Claims Rate will be for either
settlement. The calculations below are examples only.
Keep in mind that these amounts are how much a Category gets per Videogame Edition (Year), so if you played
for multiple years, your total payment will be the payment amount below multiplied by the number of years you
fall into that Category. See the “Examples” below to see how this all might affect an individual claim.
Claims Rate
Category
Payment per Year

A

100%
B

C

$26

$74

$270

A

50%
B

C

$52

$147

$541

A

25%
B

C

$104

$295

$1,081

A

10%
B

C

$259

$737

$2,703

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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Examples
To give you a sense of how the Distribution Plans will work for an individual Class Member, below are some
examples, developed by Class Counsel, of potential Class Members and their estimated payments.
Player 1

Player 1 was the starting quarterback listed on the roster at the University of California for four seasons
from 2007 through 2011. His jersey number appeared on the UC team in the 2007, 2008, 2009, and 2010
editions of EA’s NCAA Football Videogame, so he has an Avatar Match for each of those years, and his
photograph appeared in the 2011 and 2012 editions of the Videogame. Assuming a 25% Claims Rate,
Player’s 1 Total Estimated Payment would be $6,486.
Videogame Edition

Category

Estimated Payment Per Edition

2007

C

$1,081

2008

C

$1,081

2009

C

$1,081

2010

C

$1,081

2011

C

$1,081

2012

C

Total Estimated
Payment

$1,081

$6,486

Player 2

Player 2 was on the roster at the University of California and his jersey number appeared on the UC team
in the Videogame for four seasons from 2004 through 2007. Assuming a 25% claims rate, Player 2’s
Total Estimated Payment would be $2,752.
Videogame Edition

Category

Estimated Payment Per Edition

2004

B

$295

2005

B

$295

2006

C

$1,081

2007

C

Total Estimated
Payment

$1,081

$2,752

Player 3

Player 3 was on the roster at the University of California and his jersey number appeared on the UC team
in the Videogame for two seasons from 2003 through 2005. Assuming a 25% claims rate, Player 3’s
Total Estimated Payment would be $590.
Videogame Edition

Category

Estimated Payment Per Edition

2003

B

$295

2004

B

$295

Total Estimated
Payment
$590

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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Player 4

Player 4 was on the roster at the University of California for four seasons from 2004 through 2008, but
neither his jersey number nor his photograph appeared in any EA Videogame. Assuming a 25% claims
rate, Player 4’s Total Estimated Payment would be $312.
Videogame Edition

Category

Estimated Payment Per Edition

2004

NONE

$0

2005

A

$104

2006

A

$104

2007

A

Total Estimated
Payment

$104

$312

For additional calculation examples, please visit www.___________settlement.com.

HOW YOU GET A PAYMENT—SUBMITTING A CLAIM FORM
11. How can I get a payment?
To be eligible to receive a payment under one of the settlements, you must (1) be a Class Member of that
settlement; (2) you must not have excluded yourself from that settlement; and (3) you must submit a valid and
timely Claim Form, as described below.
You only need to submit one Claim Form; your claim will be automatically be evaluated under both settlements.
If you wish to make a claim under only one of the two settlements, you should check the appropriate box on the
Claim Form. (See the enclosed Claim Form for more details.)
If you have excluded yourself from both settlements, you are not eligible to make a claim under either
settlement. If you have excluded yourself from one settlement, you are not eligible to make a claim under that
settlement, but you are still eligible to make a claim under the other settlement (the one from which you did not
exclude yourself).
You should read the instructions on the Claim Form carefully, fill it out to the best of your ability, and then sign
it as indicated on the Claim Form (online claim forms will require your electronic signature). You do not need to
have your signature notarized by a Notary Public, but you will be affirming to the best of your knowledge,
information, and belief that the information you provided on the Claim Form is true. If you need help filling out
the Claim Form, you should call the Settlement Administrator.
Filing a Claim Online
You may fill out a Claim Form online at www._____________settlement.com.
Filing a Claim by Mail
You may also submit your Claim Form by mail. A Claim Form is included in this mailing. You may also get a
copy of the Claim Form online at www._____________settlement.com, or by calling 1-___-___-____, or by
sending an e-mail to _____________________ and asking for one. If you choose to mail your Claim Form, you
must mail the Claim Form to the Settlement Administrator at the address indicated on the Claim Form. It must be
postmarked no later than ______________.
Do not send a copy of the Claim Form to the Court, the Judge, or the Defendants.
Please note that, with a few exceptions, only a Class Member can submit a Claim Form. The only exceptions are
that Claim Forms may be submitted on behalf of an individual Class Member by his “Legally Authorized
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Representative.” A Legally Authorized Representative means an administrator/administratrix, personal
representative, or executor/executrix of a deceased Class Member’s estate; a guardian, conservator, or next friend
of an incapacitated Class Member; or any other legally appointed person or entity responsible for handling the
business affairs of a Class Member. If you have a personal lawyer, your lawyer may assist you with your Claim
Form, but you must personally sign the Claim Form, unless the lawyer is your Legally Authorized
Representative.
You also cannot submit a Claim Form as part of a group effort, or on behalf of a class of persons.
12. When will I get my payment?
The payments will be mailed to eligible Class Members who send in valid Claim Forms on time, after the Court
grants “final approval” of the settlement, after any appeals are resolved, and after the Claim Forms are processed.
The Court will hold a Fairness Hearing on _____________________, at ______ _.m. (Pacific time) to decide
whether to approve the settlements. If you want to attend the hearing, keep in mind that the date and/or
time may be changed after the time of this Notice, so you should check the settlement website
(www.______________settlement.com) before making travel plans.
If the Court approves the settlements (see Questions 23–25), there may be appeals. It’s always uncertain whether
these appeals can be resolved, and resolving them can take time. Please be patient. You can check for updates
and other important information by using any of the methods listed in Question 27.
13. What if I disagree with the amount of my payment?
There is a process in the settlements for you to object to the determination of the amount of your claim payment,
or to object if the Settlement Administrator determines that you don’t qualify for a payment at all. You will get
further details in the letter you receive about your settlement claim. Essentially, if you, the Settlement
Administrator, and Class Counsel cannot agree on how much you should receive under the settlement, you may
appeal as described in the Settlement Agreements. (See EA Videogame Settlement Agreement ¶ ______ and
NCAA Videogame Settlement Agreement ¶ ______.)
14. What am I giving up to get a payment or stay in the settlements?
Remember that the two settlements are separate. Unless you exclude yourself from a particular settlement, you
are staying in the Class or Classes described in that settlement, and that means that you can’t sue or be part of
any other lawsuit against the Defendants in that settlement about the legal claims being settled in that settlement.
It also means that all of the Court’s orders will apply to you and legally bind you.
Because the two settlements are separate, the “releases of liability” in the two settlements are also separate, and
apply to different Defendants and to different claims. So, under the EA Videogame Settlement you will not
“release” the NCAA from any liability, and under the NCAA Videogame Settlement you will not “release” EA
or CLC from any liability.
The details of the two releases are set out in more detail in the Settlement Agreements, which are posted on
www.__________________settlement.com. (See EA Videogame Settlement Agreement ¶¶ _____ and NCAA
Videogame Settlement Agreement ¶¶ _____.) The Settlement Agreements describe the releases in specific legal
terminology. Talk to Class Counsel (see the section on “The Lawyers Representing You,” Questions 19– 20
below) or your own lawyer if you have questions about the releases or what they mean.
15. Will getting a payment in either of the settlements affect my NCAA eligibility?
No. Your request for or receipt of any payment under this settlement will NOT affect your eligibility to
compete in NCAA athletics.

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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EXCLUDING YOURSELF (“OPTING OUT”) FROM ONE OR BOTH SETTLEMENTS
If you don’t want a payment from one or both settlements, and instead you want to keep the right to sue the
Defendants in those settlements on your own about the legal issues in those cases, then you must take steps to get
out of the settlement. This is called excluding yourself—or “opting out”—of the Class.
16. How do I get out of one or both settlements?
The two settlements are separate, so you must opt out of each settlement separately. To exclude yourself from
a settlement, you must send a letter to the Settlement Administrator by first-class mail with a clear statement that
you want to be excluded, and from which settlement(s) you wish to be excluded:
If you want to exclude yourself from the EA Videogame Settlement, say:
“I want to be excluded from the EA Videogame Settlement.”
If you want to exclude yourself from the NCAA Videogame Settlement, say:
“I want to be excluded from the NCAA Videogame Settlement.”
If you want to exclude yourself from both settlements, say:
“I want to be excluded from the EA Videogame Settlement and the NCAA Videogame Settlement.”
Be sure to include your name, address, telephone number, and your signature. If you are sending the request
to be excluded as the “Legally Authorized Representative” of a Class Member (see Question 11 above for the
definition of “Legally Authorized Representative”), you must include any information or documents that confirm
your appointment or status as a Legally Authorized Representative. Requests for exclusion must be submitted
individually by a Class Member or his Legally Authorized Representative, and not on behalf of a group or class
of persons. If you have a personal lawyer, your lawyer may assist you with your exclusion request, but you must
personally sign it unless the lawyer is also your Legally Authorized Representative.
You must mail your exclusion request, postmarked no later than __________, to the following:
Gilardi & Co. LLC
Exclusion Request
[Address]
You can’t exclude yourself by phone, by e-mail, or on the website. If you ask to be excluded from a settlement,
you will not get any money from that settlement, and you cannot object to that settlement. You will not be
legally bound by anything that happens in that lawsuit. You may be able to sue (or continue to sue) the
Defendants in that lawsuit.
If you have a pending lawsuit against EA, CLC, or the NCAA involving the same legal issues in these
settlements, speak to your lawyer in that case immediately. If you wish to continue your individual lawsuit(s),
you must exclude yourself from the relevant settlement(s).
17. If I don’t exclude myself, can I sue the Defendants for the same thing later?
No. Unless you exclude yourself from a settlement, you give up any right to sue the Defendants for the claims
that are resolved by that settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit
immediately. Remember, the exclusion deadline is _______________.
18. If I exclude myself, can I get a payment from the settlements?
No. If you exclude yourself from a settlement, you will not be able to get any money from that settlement, and
you cannot object to that settlement. You will not be legally bound by anything that happens in that settlement.
QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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But remember that if you exclude yourself from only one of the settlements, you are still eligible to get money
from, or object to, the other settlement, and you will still be legally bound by that other settlement.

THE LAWYERS REPRESENTING YOU
19. Do I have a lawyer in these cases?
Yes. The Court has appointed the law firms listed below to represent you and other Class Members in each of the
two settlements. These lawyers are called Class Counsel. You will not be charged for services performed by
Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.
If you want to contact Class Counsel about these settlements, they can be reached through the Settlement
Administrator by calling [___________] or sending an email to [____________].
EA Videogame Settlement
Class Counsel for the EA Videogame Settlement are:
HAGENS BERMAN SOBOL SHAPIRO LLP
Steve W. Berman (Seattle, WA)
Rob Carey (Phoenix, AZ)
Leonard Aragon (Phoenix, AZ)

HAUSFELD LLP
Michael D. Hausfeld (Washington, DC)
Michael P. Lehmann (San Francisco, CA)
Sathya S. Gosselin (Washington, DC)

LUM, DRASCO & POSITAN LLC
Dennis J. Drasco (Roseland, NJ)
NCAA Videogame Settlement
Class Counsel for the NCAA Videogame Settlement are:
HAGENS BERMAN SOBOL SHAPIRO LLP
Steve W. Berman (Seattle, WA)
Rob Carey (Phoenix, AZ)
Leonard Aragon (Phoenix, AZ)

THE PAYNTER LAW FIRM PLLC
Stuart Paynter (Washington, DC)
Celeste H.G. Boyd (Chapel Hill, NC)

20. How will the lawyers be paid? Are the Class Representatives being paid?
Class Counsel will ask the Court for an award of attorneys’ fees and expenses in each settlement (the “Fee and
Expense Award”), which will be paid from the Settlement Fund in each settlement:
Attorneys’ Fees
EA Videogame Settlement Requested Fee and Expense Award

Class Counsel will ask the Court to approve payment from the EA Videogame Settlement Fund of
attorneys’ fees of up to 33% of the $40 million Settlement Fund (i.e., up to $13,200,000), as well as for
reimbursement for costs and expenses incurred in the prosecution of the lawsuits not to exceed
$2,500,000.
NCAA Videogame Settlement Requested Fee and Expense Award

Class Counsel will ask the Court to approve payment from NCAA Videogame Settlement Fund of
attorneys’ fees of up to 29% of the $20 million Settlement Fund (i.e., up to $5,800,000), as well as for

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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reimbursement for costs and expenses incurred in the prosecution of the lawsuits not to exceed
$500,000.
Incentive Awards to Class Representatives
Class Counsel will ask the Court to approve the following payments (called “Incentive Awards”) to the
Plaintiffs below for their services as Class Representatives in each of the settlements. Any Incentive
Award ordered by the Court will be in addition to what that Class Representative is eligible to receive
from his claim.
EA Videogame Settlement

$15,000 each for Samuel Michael Keller, Edward C. O’Bannon, and Ryan Hart.
$5,000 each for Oscar Robertson, William Russell, Harry Flournoy, Alex Gilbert, Sam Jacobson, Thad
Jaracz, David Lattin, Patrick Maynor, Tyrone Prothro, Damien Rhodes, Eric Riley, Bob Tallent, Danny
Wimprine, Ray Ellis, Tate George, Jake Fischer, Jake Smith, Darius Robinson, Moses Alipate, Chase
Garnham, and Shawne Alston.
$2,500 each for Bryan Cummings, LaMarr Watkins, and Bryon Bishop.
NCAA Videogame Settlement

$5,000 each to Samuel Michael Keller, Bryan Cummings, LaMarr Watkins, and Bryon Bishop.
The Court may award less than the amounts requested for attorneys’ fees and Incentive Awards, and has the
discretion to determine how much to award. The two settlements do not depend on the amounts awarded for
attorneys’ fees or Incentive Awards, which means that the settlements can still be approved and result in
payments to Class Members even if the petitions for attorneys’ fees and Incentive Awards are rejected.
Class Counsel is currently scheduled to file with the Court their request for attorneys’ fees and for the Incentive
Awards on __________________. Settlement deadlines can change, though, so please monitor the settlement
website, or call the Settlement Administrator, to see if any deadlines have changed.

OBJECTING TO ONE OR BOTH SETTLEMENTS
21. How do I tell the Court that I don’t like the settlement(s)?
The two settlements are separate, so you must submit objections to each settlement that you wish to object to.
If you’re a Class Member (or a Class Member’s Legally Authorized Representative, see Question 11), and you
haven’t excluded yourself from a settlement, you can object to that proposed settlement if you don’t like it.
However, you cannot object if you have excluded yourself from that particular settlement. In other words,
you must stay in the case as a Class Member for that settlement in order to object in that settlement.
You can object if you don’t like any part of either proposed settlement, including the settlement’s Distribution
Plan, or the request for the attorneys’ Fee and Expense Award, or the request for Incentive Awards to the Class
Representatives. You can give reasons why you think the Court should not approve any or all of these items, and
the Court will consider your views.
You cannot object in order to ask the Court for a higher payment for yourself personally, although you can
object to the payment terms that apply generally to the Class. The Court can only approve or disapprove the
settlements, but cannot change how much money you are personally eligible to receive from the settlement. This
means that if the Court agrees with your objection, the case won’t be settled unless the parties agree to change
the terms and the Court approves those changes.
To object, you must (a) mail your objection to the Settlement Administrator and (b) file it with the Court. To be
timely, your objection must be mailed to the Settlement Administrator so that it is postmarked by
QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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________________, and must be filed with the Court by no later than ___________________, at the following
addresses:
SETTLEMENT ADMINISTRATOR

THE COURT

Gilardi & Co. LLC
[ADDRESS]
For objections to the EA Videogame Settlement:
[TBD]
For objections to the NCAA Videogame Settlement:
[TBD]

Note: You may mail your objection to the Court, but it must be received by the Court and filed by
__________________. See www.________________settlement.com for more information on how to object to
the settlement.
For each settlement to which you wish to object, you must include the following information:
Your full name, address, telephone number, and signature.
The settlement to which you are objecting:
“EA Videogame Settlement,” or
“NCAA Videogame Settlement”
The specific reasons why you object to that settlement.
The name, address, bar number, and telephone number of your counsel, if you’re represented by an
attorney. If you are represented by an attorney, he/she or it must comply with all applicable laws and rules
for filing pleadings and documents in the Northern District of California.
State whether you intend to appear at the Fairness Hearing, either in person or through counsel.
Unless you submit a proper and timely written objection, according to the above requirements, you will not be
allowed to object to or appear at the Fairness Hearing. You or your lawyer may appear at the Fairness Hearing if
you have filed a written objection as provided above. (See Questions 23–25). If you have a lawyer file an
objection for you, he or she must follow all Court rules and you must list the attorney’s name, address, bar
number, and telephone number in the written objection filed with the Court.
Please note that any objections must be submitted by an individual Class Member, his Legally Authorized
Representative, or his attorney—not as a member of a group, class, or subclass.
22. What’s the difference between objecting and excluding yourself?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object to a
settlement only if you stay in that settlement. Excluding yourself is telling the Court that you don’t want to be
part of the settlement. If you exclude yourself, you have no basis to object, because the case no longer affects
you. If you object, and the Court approves the settlement anyway, you will still be legally bound by the result.

THE COURT’S FAIRNESS HEARING
23. When and where will the Court decide whether to approve the settlements?
The Court will hold a “Fairness Hearing” (also known as a “Final Approval Hearing”) to decide whether to
finally approve the proposed settlements. The Fairness Hearing will be on May 14, 2015 at 2:00 p.m. before
Judge Claudia Wilken, United States District Court for the Northern District of California, 1301 Clay Street,
Oakland, CA 94612. If you want to attend the Fairness Hearing, keep in mind that the date and/or time may be
QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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Case4:09-cv-01967-CW Document1175-3 Filed08/27/14 Page16 of 34
changed after the time of this Notice, so you should
(www.______________settlement.com) before making travel plans.

check

the

settlement

website

At the Fairness Hearing, the Court will consider whether the proposed settlements and all of their terms are
adequate, fair, and reasonable. If there are objections, the Court will consider them. The Court may listen to
people who have asked for permission to speak at the Hearing and have complied with the other requirements for
objections explained in Question 21. The Court may also decide how much to award Class Counsel for fees and
expenses, and whether and how much to award the Class Representatives for representing the Class (the
Incentive Awards).
At or after the Fairness Hearing, the Court will decide whether to finally approve the proposed settlements.
Because the two settlements are separate, it is possible that the Court will rule differently in each settlement, or
rule at different times. There may be appeals after that. There is no set timeline for either the Court’s final
approval decision, or for any appeals that may be brought from that decision, so it is impossible to know
exactly when the settlement(s) will become final.
The Court may change deadlines listed in this Notice without further notice to the Class. To keep up on any
changes in the deadlines, please contact the Settlement Administrator or review the website.
24. Do I have to come to the Fairness Hearing?
No. Class Counsel will answer any questions asked by the Court.
If you send an objection, you don’t have to come to Court to talk about it. So long as you mailed your written
objection on time and complied with the other requirements for a proper objection, the Court will consider it.
You may also pay another lawyer to attend, but it’s not required.
25. May I speak at the Fairness Hearing?
Yes. If you submitted a proper written objection to the settlement, you or your lawyer may, at your own expense,
come to the Fairness Hearing and speak. To do so, you must follow the procedures set out in Question 21. You
must also file a Notice of Intention to Appear, which must be mailed to the Settlement Administrator so that it is
postmarked no later than ____________________, and it must be filed with the Clerk of the Court by that
same date. If you intend to have a lawyer appear on your behalf, your lawyer must enter a written notice of
appearance of counsel with the Clerk of the Court no later than _______________. See Question 21 for the
addresses of the Settlement Administrator and the Court. You cannot speak at the Fairness Hearing if you
excluded yourself.

IF YOU DO NOTHING
26. What happens if I do nothing at all?
If you do nothing, you will get no money from either of the two settlements, but you will never again be able to
sue or be part of any other lawsuit against the Defendants about the legal claims involved in the settlements. To
submit a Claim Form, follow the instructions described in Question 11.

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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GETTING MORE INFORMATION
27. How do I get more information about the settlements?
This Notice summarizes the proposed settlements. For the precise terms and conditions of the settlements, please
see both Settlement Agreements, available at www.____________settlement.com.
YOU MAY OBTAIN ADDITIONAL INFORMATION BY
CALLING
E-MAILING
WRITING

VISITING THE SETTLEMENT
WEBSITE

REVIEWING LEGAL DOCUMENTS

ACCESSING PACER

Call the Settlement Administrator toll-free at 1-___-___-____ to ask
questions and receive copies of documents.
Email the Settlement Administrator at ________________
Send your questions by mail to
Gilardi & Co. LLC
[ADDRESS]
www.___________settlement.com, where you will find answers to
common questions about both settlements, a Claim Form, plus other
information to help you.
You can review the legal documents that have been filed with the
Clerk of Court in these cases at:
[COURT ADDRESS]
You can access the Court dockets in these cases through the Court’s
Public Access to Court Electronic Records (PACER) system at
https://ecf.cand.uscourts.gov.

PLEASE DO NOT CALL THE JUDGE OR THE COURT CLERK TO ASK QUESTIONS ABOUT THE
LAWSUITS, THE SETTLEMENTS, OR THIS NOTICE.
THE COURT WILL NOT RESPOND TO LETTERS OR TELEPHONE CALLS. IF YOU WISH TO
ADDRESS THE COURT, YOU MUST FILE AN APPROPRIATE PLEADING OR MOTION WITH
THE CLERK OF THE COURT IN ACCORDANCE WITH THE COURT’S USUAL PROCEDURES.
DATED: ______________, 2014

BY ORDER OF THE COURT

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

QUESTIONS? CALL 1-___-___-____ TOLL-FREE, OR VISIT www.________________settlement.com.
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