Kater v. Churchill Downs Incorporated

Filing 243

ORDER granting Plaintiff's 242 Motion to Continue Settlement Deadlines: The Court sets the following amended deadlines and dates: Notice Date: 11/9/2020; Reminder Notice: 12/5/2020; Deadline to File Motions for Final Approval, for Incentive Awards, and for Attorneys' Fees and Costs: 12/14/2020; Claims Deadline: 1/4/2021; Objection/Exclusion Deadline: 1/4/2021; Final Approval Hearing: 2/11/2021, at 1:30 p.m. unless changed by further order of the Court. Signed by Judge Robert S. Lasnik.(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHERYL KATER and SUZIE KELLY,
individually and on behalf of all others similarly
situated,

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Plaintiffs,

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CHURCHILL DOWNS INCORPORATED, a
Kentucky corporation, and BIG FISH GAMES,
INC., a Washington corporation.
Defendants.
MANASA THIMMEGOWDA, individually and
on behalf of all others similarly situated,

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UNOPPOSED MOTION AND ORDER
CONTINUING SETTLEMENT
DEADLINES BY 35 DAYS

v.

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No. 15-cv-00612-RSL

Plaintiff,

No. 19-cv-00199-RSL
UNOPPOSED MOTION AND ORDER
CONTINUING SETTLEMENT
DEADLINES BY 35 DAYS

v.
BIG FISH GAMES, INC., a Washington
corporation; ARISTOCRAT TECHNOLOGIES
INC., a Nevada corporation; ARISTOCRAT
LEISURE LIMITED, an Australian corporation;
and CHURCHILL DOWNS INCORPORATED,
a Kentucky corporation,

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Defendants.

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UNOPPOSED MTN. AND ORDER
CASE NOS. 15-CV-612, 19-CV-199,
18-CV-5276, & 18-CV-5277 - i

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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SEAN WILSON, individually and on behalf of
all others similarly situated,

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Plaintiff,

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UNOPPOSED MOTION AND ORDER
CONTINUING SETTLEMENT
DEADLINES BY 35 DAYS

v.
PLAYTIKA LTD, an Israeli limited company,
and CAESARS INTERACTIVE
ENTERTAINMENT, LLC, a Delaware limited
liability company,
Defendants.
No. 18-cv-05276-RSL
SEAN WILSON, individually and on behalf of
all others similarly situated,

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No. 18-cv-5277-RSL

Plaintiff,

UNOPPOSED MOTION AND ORDER
CONTINUING SETTLEMENT
DEADLINES BY 35 DAYS

v.

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HUUUGE, INC., a Delaware corporation,
Defendant.

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UNOPPOSED MTN. AND ORDER
CASE NOS. 15-CV-612, 19-CV-199,
18-CV-5276, & 18-CV-5277 - ii

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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UNOPPOSED MOTION

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Since the Court entered preliminary approval orders in the above-captioned cases, Class

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Counsel have worked diligently to keep all settlements on-track. Those efforts have included

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issuing subpoenas to six technology platforms—Apple, Google, Amazon, Facebook, Microsoft,

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and Samsung—that possess information necessary to create Class Lists, engaging in dozens of

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telephonic meet and confers with counsel for the technology platforms, and reaching agreements

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with the platforms on the vast majority of information necessary to effectuate notice and

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administer these settlements.

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Unfortunately, despite these diligent efforts, neither Class Counsel nor the Settlement

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Administrators yet possess all information necessary to properly send notice on October 5—the

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present Notice Date. A synopsis of the status of Class List creation efforts follows:

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

Apple: for Kater, Thimmegowda, and Wilson v. Playtika, Apple has agreed to produce all
necessary information, and class counsel anticipate production within three weeks. Apple
has also agreed to produce information in Wilson v. Huuuge, but that time table is uncertain.



Google: for Kater, Thimmegowda, and Wilson v. Playtika, Google has agreed to produce
all necessary information, and class counsel anticipate production within three weeks.
Discussions are ongoing as to Wilson v. Huuuge.

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Facebook: for Kater, Thimmegowda, and Wilson v. Playtika, Facebook has agreed to
produce all necessary information, and class counsel anticipate production within three
weeks. Discussions are ongoing as to Wilson v. Huuuge.



Microsoft: Microsoft has agreed to produce all necessary information, and Class Counsel
anticipate production within three weeks.

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Samsung: Samsung, which has an extremely limited role, is making good faith efforts to
search for and produce any relevant information it possesses, but has not yet located any
such information.

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Amazon: Amazon has not agreed to produce any information. Class Counsel and Amazon
have fully briefed a motion to compel in the Kater case. Amazon has agreed that the Court’s
ruling as to Plaintiffs’ motion to compel in the Kater case will control Amazon’s
production in the Thimmegowda and Wilson v. Playtika case. Discussions are ongoing as
to Wilson v. Huuuge.

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UNOPPOSED MTN. AND ORDER
CASE NOS. 15-CV-612, 19-CV-199,
18-CV-5276, & 18-CV-5277 - 1

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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Additionally, Class Counsel just obtained emergency relief from the Court with regard to

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an issue that, in Class Counsel’s view, threatened the fair notice and administration of the Kater

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and Thimmegowda settlement. See Dkt. 239 (Kater); Dkt. 183 (Thimmegowda). Class Counsel is

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now engaging in a thorough review to ensure that no similar issues arise in any of the above-

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captioned settlements, and respectfully submit that notice should not go out in any of these

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settlements until that review process—expected to be completed well within the requested 35-day

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extension window—is complete.

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Consequently, Plaintiffs respectfully request that the Court continue all current deadlines
by thirty-five (35) days, as set forth in the attached [Proposed] Order.

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DATED this 1st day of October, 2020.

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Respectfully submitted,

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SUZIE KELLY, CHERYL KATER, MANASA
THIMMEGOWDA, and SEAN WILSON,
individually and on behalf of all others similarly
situated,

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By: /s/ Todd Logan

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Todd Logan*
[e-mail]
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, California 94107
Tel: [phone]/Fax: [phone]

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By: /s/ Cecily C. Shiel

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TOUSLEY BRAIN STEPHENS PLLC
Cecily C. Shiel, WSBA #50061
[e-mail]
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone]

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Plaintiffs’ Attorneys and Class Counsel
*Admitted pro hac vice

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UNOPPOSED MTN. AND ORDER
CASE NOS. 15-CV-612, 19-CV-199,
18-CV-5276, & 18-CV-5277 - 2

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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ORDER
Plaintiffs’ unopposed motion is GRANTED. For each of the above-captioned cases, the
Court sets the following amended deadlines and dates:
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Notice Date: November 9, 2020



Reminder Notice: December 5, 2020

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Deadline to File Motions for Final Approval, for Incentive Awards, and for
Attorneys’ Fees and Costs: December 14, 2020

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

Claims Deadline: January 4, 2021

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

Objection/Exclusion Deadline: January 4, 2021

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

Final Approval Hearing: February 11, 2021, at 1:30 p.m. unless changed by further
order of the Court.

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IT IS SO ORDERED.

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DATED this 5th day of October, 2020.

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ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

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UNOPPOSED MTN. AND ORDER
CASE NOS. 15-CV-612, 19-CV-199,
18-CV-5276, & 18-CV-5277 - 1

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]