Kater v. Churchill Downs Incorporated

Filing 275

ORDER granting Parties' 274 Stipulated Motion Re Final Claims Determinations. The Honorable Layn R. Phillips (Fmr.) of Phillips ADR will make all Final Claims Determinations. Signed by Judge Robert S. Lasnik. (LH)

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 1 of 8

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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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v.
CHURCHILL DOWNS INCORPORATED, a
Kentucky corporation, and BIG FISH GAMES,
INC., a Washington corporation.

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Defendants.
MANASA THIMMEGOWDA, individually and
on behalf of all others similarly situated,

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STIPULATION AND ORDER RE:
FINAL CLAIMS DETERMINATIONS

Plaintiffs,

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No. 15-cv-00612-RSL

Plaintiffs,

No. 19-cv-00199-RSL
STIPULATION AND ORDER RE:
FINAL CLAIMS DETERMINATIONS

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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Stipulation And Order - i

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 2 of 8

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

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Plaintiff,

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STIPULATION AND ORDER RE:
FINAL CLAIMS DETERMINATIONS

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

STIPULATION AND ORDER RE:
FINAL CLAIMS DETERMINATIONS

Plaintiff,
v.

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HUUUGE, INC., a Delaware corporation,

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Defendant.

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Stipulation And Order - ii

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 3 of 8

STIPULATION AND ORDER RE:
FINAL CLAIMS DETERMINATIONS

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The Settlement Agreements in these cases confer upon the Settlement Administrators the

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authority to make final and binding decisions on challenges regarding the validity or amount of

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any particular claim, and—consistent with the Plans of Allocation—to calculate the final payable

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amount of all claims. See, e.g., Settlement Agreement(s) ¶¶ 5.2-5.4. But given the scale, nature,

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and complexity of some individual class members’ claims, the Parties and the Settlement

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Administrators have agreed, subject to Court approval, to delegate that authority (the “Final

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Claims Determinations”) to the Honorable Layn R. Phillips (Fmr.) of Phillips ADR.

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Provided the Court grants this motion, Judge Phillips has agreed to make the Final

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Claims Determinations. Because Judge Phillips already successfully mediated each of the

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settlements, he is the ideal candidate to fulfill the role. In addition, a member of Judge Phillips’

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mediation staff has over twenty years’ experience in the class action space, including having

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previously served as a Vice President at a respected claims administrator that was headquartered

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in Seattle, Washington. Moreover, after consulting with Class Counsel, Judge Phillips has

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already agreed to implement a set of modest procedures, enumerated in the attached [Proposed]

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Order, to efficiently make all Final Claims Determinations. And while Judge Phillips and his

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staff will be reimbursed at their regular hourly rates by the Settlement Funds, Class Counsel do

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not anticipate that will materially impact class member recoveries, given that the Settlement

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Administrators will no longer need to make Final Claims Determinations (nor, in turn, will they

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be reimbursed by the Settlement Funds for doing so).

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Consequently, the Parties respectfully request that the Court enter the below [Proposed]

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Order, approving of Judge Phillips’ role making Final Claims Determinations and ability to be

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fairly reimbursed by the Settlement Funds for fulfilling that role.

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//

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Stipulation And Order - 1

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 4 of 8

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DATED this 25th day of January, 2021.

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Respectfully submitted,

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By: /s/ Todd Logan

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Rafey S. Balabanian*
[e-mail]
Todd Logan*
[e-mail]
Brandt Silver-Korn
[e-mail]
Edelson PC
123 Townsend Street, Suite 100
San Francisco, California 94107
Tel: [phone]/Fax: [phone]
Class Counsel

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By: /s/ Alexander G. Tievsky

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Jay Edelson*
[e-mail]
Alexander G. Tievsky, WSBA #57125
[e-mail]
Edelson PC
350 N LaSalle Street, 14th Floor
Chicago, IL 60654
Tel: [phone] / Fax: [phone]
Class Counsel

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

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*Admitted pro hac vice

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Stipulation And Order - 2

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 5 of 8

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By: s/ Emily Johnson Henn

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Emily Johnson Henn (pro hac vice)
[e-mail]
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square
Palo Alto, CA 94306
Telephone: [phone]

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By: s/ Mark Parris

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Mark Parris (Bar No. 13870)
[e-mail]
ORRICK HERRINGTON & SUTCLIFFE LLP
701 5th Avenue, Suite 5600
Seattle, WA 98104
Telephone: [phone]

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Attorneys for Defendants Aristocrat Technologies,
Inc., Aristocrat Leisure Limited, Big Fish Games,
Inc. and Churchill Downs Inc.

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DATED: January 26, 2021

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DATED: January 26, 2021

By: s/ Emily Powell
Angelo J. Calfo, WSBA #27079
Emily Dodds Powell, WSBA #49351
CALFO EAKES LLP
1301 Second Avenue, Suite 2800
Seattle, WA 98101
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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By: s/ Behn Dayanim
Behnam Dayanim (pro hac vice)
PAUL HASTINGS LLP
2050 M Street, NW
Washington, DC 20036
Tel: [phone]
Email: [e-mail]

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Attorneys for Defendant Playtika, Ltd.

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Stipulation And Order - 3

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 6 of 8

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DATED: January 26, 2021

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By: /s/ Jaime Drozd Allen
Stuart R. Dunwoody, WSBA #13948
Jaime Drozd Allen, WSBA #35742
Cyrus E. Ansari, WSBA #52966
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant Huuuge

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Stipulation And Order - 4

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 7 of 8

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ORDER
The Parties’ stipulated motion is GRANTED. For each of the above-captioned cases, the
Court orders the following:

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1. The Honorable Layn R. Phillips (Fmr.) of Phillips ADR will make all Final
Claims Determinations.

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2. Specifically, Judge Phillips shall:

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a. Determine and work with the Settlement Administrators to implement
a process by which each claimant shall be informed of the Settlement
Administrators’ initial determination as to claimant’s claim validity,
Lifetime Spending Amount and, where applicable, Claim Type (i.e.,
DRP or GLBA versus Non-DRP or GLBA), and that the claimant has
the right within 21 calendar days of receipt of that notice to challenge
that initial determination;
b. Determine and work with the Settlement Administrators, Class
Counsel, and Defendants’ counsel to implement a process by which
any claimant shall be able to challenge the Settlement Administrators’
initial determination as to claim validity (including any late claims),
Lifetime Spending Amount and, where applicable, Claim Type;
c. Allow, as to any challenges to the Settlement Administrators’ initial
determination as to claim validity, amount, or type, the Settlement
Administrators to first confer with the claimant to explain the
determination in an effort to resolve the challenge;
d. With respect to any unresolved challenges, finally resolve any
challenges to the Settlement Administrators’ initial determinations as
to claim validity, Lifetime Spending Amount, and Claim Type;
e. To the extent deemed appropriate and necessary by Judge Phillips,
retain one or more claims administration consultants to review the
Settlement Administrators’ models and programming for accuracy and
to suggest any necessary corrections which will, in the first instance be
reviewed by Class Counsel, and then if any issues as to the models and
programming remains, be recommended to Judge Phillips, who has the
non-appealable final binding decision-making authority;
f. Finally determine the amount of each valid claim, consistent with the
Plan of Allocation; and
g. Determine whether any portion of the Settlement Funds should be held
back as Reserve Funds to address any unforeseen circumstances within
the claims processes, and if so, work with the Settlement
Administrators to implement the distribution of the Reserve Funds to
approved claimants.

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Stipulation And Order - 1

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

Case 2:15-cv-00612-RSL Document 275 Filed 01/26/21 Page 8 of 8

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3. For the avoidance of doubt, Judge Phillips shall have no authority to increase
the size of any Settlement Fund, to seek or order additional discovery from
Defendants, nor to otherwise impact any Defendants’ liability or other
obligations under the Settlement Agreements.
4. Judge Phillips’ regular hourly rates, as well as the regular hourly rates of any
Phillips ADR staff Judge Phillips may choose to assist with the Final Claims
Determinations, along with any authorized consultants retained as deemed
appropriate in Judge Phillips’ discretion, shall be paid from the Settlement
Funds. Fees shall be billed to a particular Settlement and paid from that
particular Settlement Fund.
5. Judge Phillips shall be provided, and shall treat as Confidential under the
protective orders entered in these cases, any documents or information
previously provided to or under the control of the Settlement Administrators.

IT IS SO ORDERED.

DATED this 26th day of January, 2021.

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ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

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Stipulation And Order - 2

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]