O'Bannon, Jr. v. National Collegiate Athletic Association et al
Filing
288
Joint Filing of Amended Settlement Agreements and Exhibits Thereto by Samuel Michael Keller (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Carey, Robert) (Filed on 7/24/2014) Modified on 7/25/2014 (cpS, COURT STAFF).
EXHIBIT 4
Legal Notice
If You Were on a Roster of an NCAA Division I
Football or Men’s Basketball Team, and That Team Was Included in
One of EA’s Videogames Between May 4, 2003 and [preliminary approval date],
You Could Be Entitled to Cash Payments.
This Notice is only a summary of your rights and options.
For more detailed information, visit www.___________settlement.com or
call 1-___-___-____ toll-free.
What’s This About?
A federal court is currently reviewing two proposed class action
settlements concerning the alleged use of the names, images, and
likenesses of NCAA men’s football and basketball players in certain
NCAA-Branded Videogames that were manufactured and distributed by
Electronic Arts Inc. (“EA”). The two proposed settlements are (1) the
“EA Videogame Settlement” and (2) the “NCAA Videogame Settlement.”
The EA Videogame Settlement involves claims by student-athletes
that EA and the Collegiate Licensing Company (“CLC”) violated their
legal rights by allegedly licensing, using, and/or selling athletes’ names,
images, and likenesses in EA’s NCAA-Branded Videogames. The NCAA
Videogame Settlement involves claims by student-athletes 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 NCAABranded Videogames. All Defendants deny any wrongdoing. The Court
has not ruled on the merits of these claims.
The proposed settlements would resolve the claims described above
against all Defendants. The EA Videogame Settlement has a $40 million
Settlement Fund and would resolve the claims as to EA and CLC. The
NCAA Videogame Settlement has a $20 million Settlement Fund and
would resolve the claims as to NCAA.
You may be a member of one or both settlements. The two
settlements share many terms and involve many of the same Class
members, but are separate settlements, so you should make sure that you
understand both settlements.
The Court will have a 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, so you should check the settlement website before making travel
plans. See below for more information.
Who’s Included in the Settlements?
If you were (1) on a roster of an NCAA Division I football or men’s
basketball team, and that team was included in an NCAA-Branded
Videogame originally published from July 21, 2005 through [preliminary
approval date], or (2) you were on such a roster from May 4, 2003, and
your jersey number or photograph appeared in such a Videogame, you
may be a Class Member in one or both of the settlements.
There are different class definitions for each settlement. You should
consult the settlement website for more detailed class definitions and
more information about whether you are entitled to a payment under
either settlement.
Are These Settlements Related to the Trial Against the NCAA
I’ve Heard About?
You may have heard recently about a trial involving student-athletes
(led by Ed 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 did not involve claims for cash payments.
[Antitrust Plaintiffs’ Proposed Alternative:] You may have heard
recently about a class-action trial involving student-athletes (led by Ed
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.
Additionally, that trial concerned a request for injunctive relief (a court
order discontinuing certain practices)—not cash payments for past
conduct. The “EA Videogame Settlement” and the “NCAA Videogame
Settlement” do not affect the injunctive claims recently tried in the
O’Bannon v. NCAA case.
[Alt. #1: The trial in that case ended on June 27, 2014, and as of the
date of this Notice, the Court has not yet made a decision about the
outcome.] [Alt. #2: The trial in that case ended on June 27, 2014, and the
Court ruled in favor of the student-athletes.] [Alt. #3: The trial in that case
ended on June 27, 2014, and the Court ruled in favor of the NCAA.]
What Do the Settlements Provide?
Both proposed settlements provide for cash payments to eligible Class
Members. You can make a claim under both settlements. More
information about how payments will be calculated (the “Distribution
Plan”) is available at the settlement website.
In addition, Class Counsel will seek from the Court the following
attorneys’ fees awards: (1) EA Videogame Settlement: up to $13.2
million in fees, $2.5 million in expenses, and additional incentive awards
to the Plaintiffs who brought the suits ranging from $2,500–$15,000 each;
(2) NCAA Videogame Settlement: up to $5.8 million in fees, $500,000 in
expenses, and additional incentive awards to the Plaintiffs of $5,000 each.
Class Counsel will file petitions for these awards on
_________________________. The Court will decide the amounts (if
any) of these awards at the Fairness Hearing (see below).
What Are Your Options?
(1) Get a Payment:
You are eligible for a cash payment if you qualify and submit a Claim
Form—either online or by mail—to the Settlement Administrator by
____________________. More information about how to complete and
submit the Claim Form is available at the settlement website.
Requesting or receiving a payment under these settlements will
NOT affect your eligibility to compete in NCAA athletics.
(2) Exclude Yourself from One or Both Settlements:
You must submit a separate exclusion (or “opt-out”) request for each
settlement from which you wish to exclude yourself. You may exclude
yourself from one or both settlements. Your exclusion request must be
mailed to the Settlement Administrator’s address below so that it is
postmarked by ____________________. More information about how to
opt out is available at the settlement website.
(3) Object to One or Both Settlements:
You have the right to object to any element of one or both
settlements, including the Distribution Plans and Class Counsel’s requests
for fees, costs, and incentive awards. 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.
More information about how to object to one or both settlements is
available at the settlement website.
When/Where Is the Fairness Hearing?
The Court will hold a hearing on _____________________ at ____
_.m. (Pacific time) to consider whether to approve the settlements,
including the Distribution Plans and the attorneys’ fees and incentive
awards. You may ask to appear at the Hearing, but you don’t have to. The
courthouse address is _______________________________. The date
and/or time of the Fairness Hearing may be changed, so you should check
the settlement website before making travel plans.
How Do I Get More Information?
The settlement website, www.________settlement.com, contains
more detailed information. You also may call the Settlement
Administrator toll-free at 1-___-___-____, e-mail at ______________, or
write to the Settlement Administrator at the address above.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?