Nitsch v. Dreamworks Animation SKG Inc. et al

Filing 353

Order by Hon. Lucy H. Koh Granting 338 Motion for Preliminary Approval of Class Action Settlement. (Attachments: # 1 Red-Line Copy of Proposed Notice, # 2 Clean Copy of Proposed Notice)(lhklc2S, COURT STAFF) (Filed on 1/19/2017)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

NOTICE OF PENDENCY OF PROPOSED SETTLEMENT,
FAIRNESS HEARING, AND RIGHT TO APPEAR
IMPORTANT INFORMATION – READ CAREFULLY AND DO NOT DISCARD
If you were an employee who held an animation or visual effects job title at Blue Sky Studios, Inc.,
DreamWorks Animation SKG, Inc., Two Pic MC LLC (f/k/a Image Movers Digital LLC), Lucasfilm, Ltd.,
LLC, Pixar, Sony Pictures Animation Inc., Sony Pictures Imageworks Inc., or The Walt Disney Company
during the time periods set forth below, you could get money from a settlement with one of the multiple
defendants in the lawsuit.
A court authorized this Notice. This is not a solicitation from a lawyer.
This Notice describes a settlement with one of the defendants and how you may
be eligible to get money from that settlement or exclude yourself from the class.

BACKGROUND


The class action lawsuit In re Animation Workers Antitrust Litigation, 14-cv-04062-LHK, claims that
Blue Sky Studios, Inc. (“Blue Sky”), DreamWorks Animation SKG, Inc., Two Pic MC LLC (f/k/a
ImageMovers Digital LLC), Lucasfilm, Ltd., LLC, Pixar, Sony Pictures Animation Inc. and Sony
Pictures Imageworks Inc. (“Sony Pictures”), and The Walt Disney Company (collectively, the
“Defendants”) violated federal and state antitrust laws by conspiring to suppress compensation by
agreeing not to solicit each other’s employees and by coordinating compensation policies. Defendants
deny that they violated any antitrust law or engaged in any wrongdoing.



The Honorable Lucy H. Koh of the United States District Court for the Northern District of California
entered an order on May 25, 2016 certifying the following class:
All animation and visual effects employees employed by one or more of the Defendants in the United
States who held any of the job titles listed in the attached List of Job Titles by Defendant during the
following time periods: Pixar (2004–2010), Lucasfilm Ltd., LLC (2004–2010), DreamWorks
Animation SKG, Inc. (2004–2010), The Walt Disney Company (2004–2010), Sony Pictures Animation,
Inc. and Sony Pictures Imageworks, Inc. (2004–2010), Blue Sky Studios, Inc. (2005–2010) and Two Pic
MC LLC f/k/a ImageMovers Digital LLC (2007–2010). Excluded from the Class are senior executives,
members of the board of directors, and persons employed to perform office operations or administrative
tasks.



DWA Holdings, LLC, successor to DreamWorks Animation SKG, Inc. (“DreamWorks”), has settled for
$50,000,000, and Judge Koh has preliminarily approved the settlement. Prior to this settlement, two
other defendants settled: Blue Sky for $5,950,000 and Sony Pictures for $13,000,000. A separate
Notice was previously distributed relating to the Blue Sky and Sony Pictures settlements. The
remaining defendants (Two Pic MC LLC (f/k/a ImageMovers Digital LLC), Lucasfilm, Ltd., LLC,
Pixar, and The Walt Disney Company) have not settled (collectively the “Non-Settling Defendants”).
However, if you were an employee for any of the Defendants listed above and held an animation or
visual effects job title during the time period listed below, you may be entitled to compensation. A list
of job titles is attached in the List of Job Titles by Defendant.



If you are a Class Member and did not previously opt out of this litigation, you have a right to
participate in the DreamWorks Settlement.



This is not a lawsuit against you. Your participation in this lawsuit or acceptance of money from the
Settlement will not affect your employment status or compensation in any way.



The purpose of this Notice is to advise you of your rights with respect to the Settlement. Please
read it carefully. This Notice explains your legal rights and options – and the deadlines to exercise
them. Your legal rights will be affected whether you act or don’t act, and you have choices to make
now.

Summary of Notice for Class Members


You are a Class Member and are included in the settlement with DreamWorks if you did not previously
opt out of this litigation and if you fall within the following definition:
All animation and visual effects employees employed by one or more of the Defendants in the United
States who held any of the job titles listed in the attached List of Job Titles by Defendant during the
following time periods: Pixar (2004–2010), Lucasfilm Ltd., LLC (2004–2010), DreamWorks
Animation SKG, Inc. (2004–2010), The Walt Disney Company (2004–2010), Sony Pictures
Animation, Inc. and Sony Pictures Imageworks, Inc. (2004–2010), Blue Sky Studios, Inc. (2005–2010)
and Two Pic MC LLC f/k/a ImageMovers Digital LLC (2007–2010). Excluded from the Class are
senior executives, members of the board of directors, and persons employed to perform office
operations or administrative tasks.



You must have been an employee and held one or more of the job titles listed on the attached List of
Job Titles by Defendant during the time periods above. You may not know what your job title was. If
you have any questions about this, please contact phone number [IDENTIFY WHOSE PHONE
NUMBER THIS IS] 855-730-8617 or visit the following website: www.animationlawsuit.com.



The Court in charge of this case still has to finally approve the Settlement with DreamWorks.
Payment will be made if the Court finally approves the Settlement and orders that the Settlement
Funds be distributed. Please be patient.
SUMMARY OF YOUR LEGAL RIGHTS AS A CLASS MEMBER
AND OPTIONS WITH RESPECT TO THE SETTLING DEFENDANT
DO NOTHING
You will receive a payment from the Settlement if you are a
Class Member and did not previously opt out of this litigation.
You will receive money from the Settlement when the funds are
distributed and will waive any rights to pursue a lawsuit of your
own against DreamWorks. You will retain your claims against the
Non-Settling Defendants.
OPT OUT OF THE
Get no payment from the Settlement. This is the only way you
SETTLEMENT
can file your own lawsuit or ever be part of any other lawsuit
involving claims arising from or related to the facts, activities or
circumstances alleged against DreamWorks. As described in
Question 22, below, you may opt out from the Settlement.
OBJECT TO OR
Following the instructions in Question 23, write to the Court
COMMENT ON THE
about why you like or do not like the Settlement by no later
SETTLEMENT
than [DATE]. You may also ask to speak to the Court about
your written comments or objections about the fairness of the
Settlement at the “Fairness Hearing” on DATE/TIME, although
you do not have to do so. To comment on or object to the
Settlement and request to speak at the Fairness Hearing, you must
act before [DATE]. Your objection must be signed, and must
include a summary of any other objections you or your attorney
filed to any class action settlements submitted to any court in the
United States in the previous five years.
GO TO THE COURT’S
If you would like, you can ask to speak in Court about the
FAIRNESS HEARING
fairness of the Settlement if you follow the instructions in
ABOUT THE
Question 23 of this Notice. You do not need to speak to the Court
SETTLEMENT
to receive benefits under the Settlement.



The lawsuit is continuing against Two Pic MC (f/k/a Image Movers Digital LLC), Lucasfilm, Pixar, and
The Walt Disney Company, which are referred to here as the “Non-Settling Defendants.” Blue Sky and
Sony Pictures already settled, and a separate notice was previously distributed for those settlements.



The outcome of the class action lawsuit against the Non-Settling Defendants is not yet known. If
you are a Class Member, you will be notified if money or benefits are obtained from any of the
Non-Settling Defendants through settlements or trial. Please be patient.
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Detailed Information
The above bullet points provide summary information regarding your rights and options with respect to
the settlement with DreamWorks. The remainder of this Notice is designed to provide you with more
information to help you evaluate your rights and options and answer any questions that you may have.

INFORMATION FOR CLASS MEMBERS
1.
Why did I get this Notice?
You have received this Notice because Defendants’ records show you may have worked as an animation
or visual effects employee and held one of the job titles listed on the attached List of Job Titles by Defendants
during some or all of the following time periods:








Pixar (2004-2010)
Lucasfilm Ltd., LLC (including Industrial Light & Magic) (2004-2010)
DreamWorks Animation SKG, Inc. (2004-2010)
The Walt Disney Company (including Walt Disney Animation Studios) (2004-2010)
Sony Pictures Animation Inc. or Sony Pictures Imageworks Inc. (2004-2010)
Blue Sky Studios, Inc. (2005-2010)
Two Pic MC LLC f/k/a ImageMovers Digital LLC (2007-2010)

The Court sent you this Notice for the following reason:
Class Members have the right to know about the proposed Settlement of this class action lawsuit
with DreamWorks, and about their legal rights and options, before the Court holds a “Fairness Hearing”
to decide whether to grant final approval of the Settlement.
This Notice explains the lawsuit, the Settlement, and your legal rights. It also explains what benefits
from the Settlement will be available, who is eligible for them, and how to obtain them. If the Court finally
approves the Settlement and orders that the Settlement Fund(s) be distributed, a Notice and Claims
Administrator appointed by the Court will make the payments that the Settlement allows.
The Court has preliminarily approved the Settlement. If you are a Class Member, you have legal rights
and options that you may exercise before the Court considers whether it will grant final approval of the
proposed Settlement at the “Fairness Hearing.” The Court will hold the Fairness Hearing on
[DATE/TIME/LOCATION] to decide whether the proposed Settlement is fair and reasonable, and provide
adequate compensation and benefits to the members of the Class. The date and time for the Fairness Hearing
rarely change, but please check www.animationlawsuit.com or the District Court’s website for updated
information.
If you wish to comment on or object to the Settlement, or to opt out of one the Settlement, you must do
so following the procedures described below. If you do nothing, you will receive money from the Settlement
and you will be bound by any final judgment.
2.
What is this lawsuit about?
The lawsuit claims that Defendants conspired to suppress compensation by agreeing not to solicit each
other’s employees and to coordinate compensation policies in violation of federal and state antitrust laws. Each
of the Defendants, including DreamWorks, denies that it violated any laws or engaged in any wrongdoing.
DreamWorks, Blue Sky, and Sony Pictures have entered into separate Settlement Agreements with Plaintiffs.
The other Defendants (Two Pic (f/k/a Image Movers Digital), Lucasfilm, Pixar, and The Walt Disney
Company) have not settled with the Plaintiffs, and the case against them continues. To obtain more information
about the claims in this lawsuit, you can view the complaint and other court documents in this case at
www.animationlawsuit.com.

3.
What is a class action, and who is involved?
In a class action lawsuit, one or more persons called “Named Plaintiffs” or “Class Representatives” sue
on behalf of other people who have similar claims. The people with similar claims together are a “Class” and
are called “Class Members.” A class action resolves the issues for all Class Members, except for those who
exclude themselves from the Class. The Court appointed Named Plaintiffs Georgia Cano, Robert Nitsch, and
David Wentworth as Class Representatives in this case.
4.
Why is there a Settlement with DreamWorks?
The Court has not found in favor of any party, including Plaintiffs, DreamWorks, or the Non-Settling
Defendants. Plaintiffs and DreamWorks have agreed to a Settlement Agreement which, if it is approved, will
bring the claims against DreamWorks to an end. Settling the case avoids the uncertainty of continuing the case
between them and the cost of further litigation, and Class Members will get the benefits of the Settlement. The
Class Representatives and Class Counsel support the Settlement and believe it is in the best interests of the
Class.
5.
Have there been past settlement agreements with other defendants?
Yes, Plaintiffs previously executed settlement agreements with Blue Sky and Sony Studios. The
Courthas granted final approval of those settlements. A separate notice covering those settlements was
previously sent. This Notice covers only the new DreamWorks settlement.
6.
Why doesn’t the Settlement end the case?
Although the Settlement with DreamWorks fully resolves the Class Members’ claims against
DreamWorks, (as described in Question 18), the Settlement only partially resolves the case, as it will continue
against the Non-Settling Defendants, as discussed in Question 7.
7.
Is the lawsuit continuing?
DreamWorks separately agreed to settle this case. In addition, Blue Sky and Sony Pictures have also
previously agreed to settle this case. The Non-Settling Defendants (Two Pic MC LLC (f/k/a Image Movers
Digital LLC), Lucasfilm, Ltd., LLC, Pixar, and The Walt Disney Company) have not agreed to settle, so the
lawsuit will continue against them. More money may become available in the future for Class Members as a
result of additional settlements with and/or a trial against the Non-Settling Defendants, but there is no guarantee
this will happen. A jury trial is scheduled to begin on June 12, 2017, before Judge Koh, at the United States
District Court for the Northern District of California, San Jose Division.
8.
What happens if the Plaintiffs later reach a settlement with the Non-Settling Defendants?
The settlement with DreamWorks does not end the case against the Non-Settling Defendants. It cannot
be known whether the Plaintiffs would prevail against the Non-Settling Defendants at a trial. If there are
additional settlements in the future, there will be notice of those settlements as well for Class Members.

9.
Am I a Class Member?
Animation or visual effects employees who held specific job titles at one or more of the Defendant
companies during certain time periods may be Class Members and eligible for a payment from the Settlement
when the funds are distributed, if they did not previously opt out of the litigation and if they meet the following
class definition:
All animation and visual effects employees employed by one or more of the Defendants in the
United States who held any of the job titles listed in the attached List of Job Titles by Defendant
during the following time periods: Pixar (2004–2010), Lucasfilm Ltd., LLC (2004–2010),
DreamWorks Animation SKG, Inc. (2004–2010), The Walt Disney Company (2004–2010),
Sony Pictures Animation, Inc. and Sony Pictures Imageworks, Inc. (2004–2010), Blue Sky
Studios, Inc. (2005–2010) and Two Pic MC LLC f/k/a ImageMovers Digital LLC (2007–2010).
Excluded from the Class are senior executives, members of the board of directors, and persons
employed to perform office operations or administrative tasks. (“Class”)
To be in the Class and participate in the Settlement, you must have been an employee and held one or
more of the job titles listed on the attached List of Job Titles by Defendant during the time periods above.
10.
What if I still don’t know if I’m a Class Member?
If you received this Notice, it is because you were listed as a potential Class Member. If you are still not
sure whether you are included, you can get help at www.animationlawsuit.com or by calling [IDENTIFY
WHOSE PHONE NUMBER THIS IS] 855-730-8617.
11.

Does it make a difference whether I work or worked for DreamWorks, on the one hand, or
Blue Sky, Sony Pictures, Two Pic (f/k/a IMD), Lucasfilm, Pixar, or The Walt Disney
Company, on the other hand?
As long as you fall within the definition of the Class in Question 9 above, you can participate in the
Settlement, regardless of which Defendant you work or worked for, or whether you have worked for more than
one. Current and former employees of DreamWorks, Blue Sky, Sony Pictures, Two Pic/IMD, Lucasfilm, Pixar,
and Disney who fall within the definition of the Class in Question 9 are all Class Members and are all entitled to
receive a payment under the Settlement.
12.
What are my rights as a Class Member?
If you are a Class Member, you have the right to (1) do nothing, in which case you will receive a
payment, (2) comment on or object to the Settlement (see Question 23), (3) opt out of the Settlement (see
Question 22), or (4) attend the Court’s Fairness Hearing to speak in support of or against the Court’s final
approval of the Settlement (see Question 24).
13.
What if I previously opted out of this litigation?
After the Court certified the class in this litigation, the Court approved a notice that was sent to class
members informing them of their right to opt out of the litigation. If you opted out of this litigation, then you
cannot share in the proceeds from the DreamWorks Settlement, and the Settlement will not release any claims
that you may have against DreamWorks. But if you opted out of only a prior settlement with Blue Sky and/or
Sony Pictures (and not the litigation), then you still have the right to share in the proceeds from the
DreamWorks Settlement. If you don’t know whether you opted out of this litigation, please contact the Claims
Administrator to confirm (see Question 30 for the Claims Administrator’s contact information).

THE SETTLEMENT BENEFITS
14.
What does the DreamWorks Settlement provide?
DreamWorks will pay $50,000,000 into a Settlement Fund. After deducting attorneys’ fees, costs,
applicable taxes, and other fees and expenses (see Question 21), the Settlement Fund will be distributed to Class
Members. In the event monies remain as residue in the Settlement Fund following all distribution efforts
approved by the Court and payment of any taxes, Plaintiffs will ask the Court for an order disposing of all such
funds, through additional distributions to eligible Class members and/or escheat to the federal government.
As a Class Member, you are giving up, or “releasing,” any claims that you may have against
DreamWorks and the Released Parties in exchange for the right to receive your share of the DreamWorks
Settlement Fund. That release includes any claims made or that could have been made against DreamWorks and
the Released Parties arising from the facts, activities or circumstances alleged in this lawsuit or any other
purported restriction on competition for employment or compensation of Named Plaintiffs or Class Members.
The release is described in more detail in the Settlement Agreement and in Question 18 below. You can view or
download a copy of the Settlement Agreement at www.animationlawsuit.com.
15.
How much money can I get from the Settlement?
Class Members who do not opt out will be eligible to receive a share of the Settlement Fund, less all
applicable reductions based on a formula using the total compensation paid to a Class Member. In other words,
each Class Member’s share of the Settlement Fund is a fraction, with the Class Member’s total compensation
paid on the basis of employment in a Class Position during the Class Period as the numerator and the total
compensation paid to all Class Members on the basis of employment in a Class Position during the Class Period
as the denominator:
(Class Member’s individual total compensation paid on the basis of employment in
Class Positions during the Class Period)
÷
(Total compensation paid to Class Members on the basis of employment in
Class Positions during the Class Period)
Each Class Member’s fractional amount shall be multiplied against the Settlement Fund, less courtapproved costs, and attorneys’ fees and expenses. The total compensation paid, dates of employment, and
whether a potential Class Member held a Class Position will be conclusively derived from Defendants’ data
maintained by their respective human resources departments and will not be subject to challenge by Class
Members. Payments to Class Members shall not be made until the Effective Date has passed and all objections,
collateral challenges or appeals relating to the Settlement have been fully and finally resolved. The proposed
Plan of Allocation is available for review at www.animationlawsuit.com, and will be presented for approval by
the Court at the Fairness Hearing (see Question 26).
RECEIVING MONEY FROM THE SETTLEMENT
16.
How can I get money from the Settlement?
You do not need to do anything to receive money from the Settlement. If you fall within the Class
Definition, did not previously opt out of the litigation, and do not opt-out of the Settlement, you will receive
money from the Settlement. If you exclude yourself from the Settlement, you will not receive money from the
Settlement.

17.
When will I get my payments?
The Court will hold a Fairness Hearing on [DATE/TIME] to decide whether to approve the Settlement.
If the Court approves the Settlement, there still may be appeals of that decision. If an appeal is filed, it is hard to
estimate how long it might take for it to be resolved, but it can take a lot of time, perhaps more than a year.
Settlement payments to Class Members will be distributed if the Settlement is approved, and after appeals, if
any, are resolved. Updates regarding the Settlement and when payments may be made will be posted on the
settlement website, www.animationlawsuit.com.
18.
What am I giving up to get payments under the Settlement?
If you are a Class Member, you are giving up the right to sue, continue to sue, or be part of any other
lawsuit against DreamWorks or the Released Parties defined below about the claims in this case. It also means
that all of the Court’s orders will apply to you and legally bind you, and that you agree to the following
“Release of Claims,” which describes exactly the legal claims that you give up if you participate in the
Settlement with respect to the Settling Defendant:
DreamWorks Release
Upon the Effective Date, each Named Plaintiff and Class Member (who is not properly excluded as
provided herein) (the “Releasors”) shall release, forever discharge and covenant not to sue
DreamWorks Animation SKG, Inc., and its past and present direct and indirect parents, subsidiaries,
divisions, affiliates, stockholders, officers, directors, insurers, employees (other than employees who are
members of the Class), agents, attorneys, and any of their legal representatives (and the predecessors,
heirs, executors, administrators, successors, purchasers, and assigns of each of the foregoing) (the
“Released Parties”) from all claims (including all claims for which arbitration has been compelled),
whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising
from or related to the facts, activities or circumstances alleged in the SAC or any other purported
restriction on competition for employment or compensation of Named Plaintiffs or Class Members, up to
the Date of the Settlement (the “Released Claims”), whether or not alleged in the SAC and whether or
not any Class Member objects to the Settlement. For the avoidance of doubt, this Agreement shall not
be construed to release any local, state or federal claim arising out of allegations of any product defect,
discrimination, or personal or bodily injury, and shall not be construed to release any local, state or
federal claim arising out of allegations of unlawful overtime or violations of ERISA or similar statute
that are unrelated to the facts, activities, or circumstances alleged in the SAC or to the payments or
distributions made pursuant to this Settlement.

THE LAWYERS REPRESENTING YOU AS A CLASS MEMBER
19.
Who represents me as a Class Member in this case?
The Court appointed the following three law firms as Class Counsel to represent the Class:
Daniel A. Small
COHEN MILSTEIN
SELLERS & TOLL PLLC
1100 New York Ave. NW,
Suite 500
Washington, DC 20005
[e-mail]
202-408-4600

Steve W. Berman
HAGENS BERMAN SOBOL
SHAPIRO LLP
1918 Eighth Avenue,
Suite 3300
Seattle, WA 98101
[e-mail]
206-623-7292

These lawyers and law firms are called “Plaintiffs’ Counsel.”

Marc M. Seltzer
SUSMAN GODFREY LLP
1901 Avenue of the Stars,
Suite 950
Los Angeles, CA 90067-6029
[e-mail]
310-789-3100

20.
Should I get my own lawyer?
You do not need to hire your own lawyer because the Plaintiffs’ Counsel are working on your behalf. If
you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s
services. For example, you can ask your lawyer to appear in Court for you if you want someone other than
Plaintiffs’ Counsel to speak for you. You may also appear for yourself without a lawyer.
21.
How will the lawyers be paid?
Plaintiffs’ Counsel may ask the Court to approve payment from the Settlement Funds for attorneys’ fees,
which will not exceed 25 percent of the Settlement Funds. Plaintiffs’ Counsel will not receive any portion of
their fees until the Court approves such a payment. Plaintiffs’ Counsel will also ask the Court to approve
payment from the Settlement Funds for their out-of-pocket costs and expenses.
Plaintiffs’ Counsel will also ask the Court to approve payments of up to $10,000 to each of the three
individual Class Representatives as Service Awards for their service.
The costs of providing this Notice and administering the Settlement are being paid from the Settlement
Funds. If the Court grants Counsel’s requests, all fees, costs, and expenses would be deducted from the
Settlement Funds.
22.
How do I get out of the Settlement?
If you fall within the Class Definition but don’t want a payment from the Settlement, or if you want to
keep the right to sue or continue to sue DreamWorks about the issues in this case (at your own expense), then
you must opt out of the Settlement.
To opt out of the Settlement, you must send a letter or written request to the Notice and Claims
Administrator at the address below saying that you want to opt out of the DreamWorks Settlement in In re:
Animation Workers Antitrust Litigation, with your full legal name and the name(s) of the Defendant company
or companies (i.e., Blue Sky, DreamWorks Animation, Two Pic (f/k/a IMD), Lucasfilm, Pixar, Sony Pictures
Animation, Sony Pictures Imageworks, or The Walt Disney Company) for which you worked during the Class
period. You must sign your request and identify which Settlement you wish to opt out of.
To opt out of the Settlement, you must submit your opt out request letter postmarked no later than
[DATE] (or received by the Notice and Claims Administrator by that date if sent by fax or e-mail) to the
following address:
Animation Workers Antitrust Litigation
c/o Kurtzman Carson Consultants (“KCC”)
P.O. Box 6002
Larkspur, CA 94977-6002
[e-mail]
Fax: [phone]
You cannot opt out by telephone.
If you request to opt out of the Settlement with DreamWorks, you will not be legally bound by the
DreamWorks Settlement. You will be able to sue (or continue to sue) DreamWorks in the future about the
claims in this case.
If you ask to be excluded from the Settlement, you will not receive payment from the Settlement, and
you will not be able to object to it.

As a Class Member, if I don’t exclude myself from the Settlement, can I sue the Settling
Defendant for the same thing separately by myself?
No. If you are a Class Member, unless you opt out of the Settlement, you give up the right to sue
DreamWorks and the Released Parties for any claim that the Settlement resolves as more fully described in
Question 18 above.
23.

If you have a pending lawsuit against DreamWorks or related entities or against any Released Parties
defined above, speak to your lawyer in that lawsuit immediately, because you may need to opt out of the
Settlement to continue your own lawsuit. The process for opting out of the Settlement is described in the
preceding sections.
24.
As a Class Member, if I opt out of the Settlement, can I get money from this Settlement?
If you opt out of the Settlement, you will not receive money from the Settlement. You will keep the
right to sue DreamWorks on your own about the same claims in the lawsuit should you want to do so. You will
also remain a Class Member for the litigation, and you may still receive payment from any future settlement
with or recovery from a Non-Settling Defendant.
COMMENTING ON OR OBJECTING TO THE SETTLEMENT
How do I tell the Court that I like or don’t like the proposed Settlement,
and may I speak at the hearing?
If you are a Class Member, you can comment on or object to the Settlement if you like or don’t like any
part of it and ask the Court to deny approval to the Settlement. You can give reasons why you think the Court
should or should not approve it. You cannot ask the Court to order a larger settlement; the Court can only
approve or deny the Settlement. If the Court denies approval of the Settlement, no settlement payments will be
sent out with respect to that Settlement and the lawsuit will continue against that defendant. If that is what you
want to happen, you must object.
25.

All comments and objections must be in writing, signed, and must include the following:
(a) your name, address, telephone number, email address and signature;
(b) the case name and number (In re Animation Workers Antitrust Litigation, Case Number 14-cv-4062),
(c) the identity of the Settlement to which you are objecting (DreamWorks);
(d) a summary of any other objections you or an attorney on your behalf filed to any class action
settlements submitted to any court in the United States in the previous five years; and
(e) a detailed statement of your comments or objections, including the grounds for your objections, if
any, together with any supporting documents.
All comments and objections must be submitted by mail to the Notice and Claims Administrator at the
address in Question 30. Comments or objections must be filed or postmarked on or before [DATE].
You do not need to attend or speak at the Fairness Hearing (described in Question 26 below) for your
comments or objections to be considered. If you would like to speak at the Fairness Hearing about your
comments or objections to the Settlement, please add to your letter a statement that you intend to appear and
speak at the hearing, for example, by stating “This is my Notice of Intention to Appear at the Fairness Hearing
for In re Animation Workers Antitrust Litigation.”

IF YOU CHOOSE TO OPT OUT OF THE SETTLEMENT, YOU WILL HAVE NO RIGHT TO SPEAK AT
THE HEARING ABOUT THAT SETTLEMENT OR OBJECT TO IT, BECAUSE THAT SETTLEMENT
WILL NO LONGER AFFECT YOUR RIGHTS.
THE COURT’S FAIRNESS HEARING
26.

When and where will the Court decide whether to approve the Settlement?

The Court will hold a Fairness Hearing at [DATE/TIME] at the following courtroom:
The Honorable Lucy H. Koh
Courtroom 8, 4th Floor
The United States District Court for the Northern District of California
280 S. First Street
San Jose, California 95113
At this hearing, the Court will consider the Settlement and determine whether it is fair, reasonable, and
adequate. If there are timely written comments or objections, the Court will consider them. The Court will
decide whether to allow people who have raised objections or comments to speak at the hearing. The Court may
also decide how much to award to Plaintiffs’ Counsel in attorneys’ fees and expenses and whether to approve
the payment of Service Awards to the Class Representatives. After the hearing, the Court will decide whether to
approve the Settlement. We do not know how long this decision will take.
Fairness Hearings are rarely rescheduled, but you should be sure to check the website,
www.animationlawsuit.com, for news of any such changes.
27.
Do I have to come to the Fairness Hearing?
No. Plaintiffs’ Counsel will be present at the Fairness Hearing to answer any questions the Court may
have. You are welcome to come at your own expense. If you send comments or objections to either Settlement,
you don’t have to come to Court to talk about it. As long as you mailed your written comments or objections on
time, the Court will consider them. You may also pay your own lawyer to attend, but it is not required.
IF YOU DO NOTHING AS A CLASS MEMBER
28.
What happens if I do nothing at all?
If you are a Class Member and you do nothing, you will get money from the Settlement and any claims
you might have against DreamWorks and the Released Parties defined above in Question 18 based on the
allegations in this case will be released unless you separately write to opt out (following the instructions in
Question 22). In exchange for receiving money from the Settlement, you will give up or “release” your claims
against DreamWorks and the Released Parties in this lawsuit. You will not be able to participate in, or collect
money damages from, any other lawsuit against DreamWorks or the Released Parties related to any alleged
conspiracy to suppress competition or compensation, including agreements to restrict recruiting or hiring or to
coordinate compensation, including merit increase budgets and compensation ranges. (See Question 18 for the
exact definition of the claims you are giving up.)

YOUR PRIVACY
29.
Will my manager know whether or how I responded to this Notice?
The Court has appointed an independent, experienced professional Notice and Claims Administrator,
Kurtzman Carson Consultants (“KCC”). The Notice and Claims Administrator will establish and follow
procedures to protect the confidentiality of the identity of persons receiving payments or opting out. The Notice
and Claims Administrator will issue settlement checks. The list of those Class Members receiving checks will
not be shared with Defendants, the Court, or Plaintiffs’ counsel.
The Notice and Claims Administrator will also receive requests to opt out of the Settlement and any
comments and objections to the Settlement. The Notice and Claims Administrator will be required to share
requests to opt out of the Settlement and any comments and objections to the Settlement with Class Counsel
and counsel for the Defendants, as well as with the Court. Objections to the Settlement, as well as the names of
those who opt out of the Settlement, will become part of the public record in the court file.
GETTING MORE INFORMATION
30.
Are more details about the Settlement and the lawsuit available?
Yes. This notice summarizes the proposed Settlement and the ongoing lawsuit against the Non-Settling
Defendants. For the precise terms and conditions of the Settlement, please see the Settlement agreement
available at www.animationlawsuit.com. For all of the documents filed with the Court in the lawsuit, you can
also access the Court docket in this case through the Court’s Public Access to Court Electronic Records
(PACER) system at https://ecf.cand.uscourts.gov.
If you have additional questions, please contact the Notice and Claims Administrator:
Kurtzman Carson Consultants (“KCC”)
Animation Lawsuit
P.O. Box 40007
College Station, TX 77842-4007
855-730-8617
[e-mail]
You can also contact Class Counsel whose information is below again:
Daniel A. Small
COHEN MILSTEIN
SELLERS & TOLL PLLC
1100 New York Ave. NW,
Suite 500
Washington, DC 20005
[e-mail]
202-408-4600

Steve W. Berman
HAGENS BERMAN SOBOL
SHAPIRO LLP
1918 Eighth Avenue,
Suite 3300
Seattle, WA 98101
[e-mail]
206-623-7292

Marc M. Seltzer
SUSMAN GODFREY LLP
1901 Avenue of the Stars,
Suite 950
Los Angeles, CA 90067-6029
[e-mail]
310-789-3100

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE
ABOUT THE SETTLEMENT OR THE CLAIMS PROCESS.