Stanley Donen Films, Inc. v. Twentieth Century Fox Film Corporation

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL CIVIL WEST DIVISION

Case No. BC499181

Important Dates

March 2, 2018 - Deadline to Postmark Requests for Exclusion

March 2, 2018 - Deadline to Postmark Objections

March 2, 2018 - Deadline to File Claim Form if you an unrecouped class member or if you did not receive a notice in the mail (postmark deadline for mailed forms)

March 2, 2018 - Deadline to File Notice of Intention to Appear

April 9, 2018 at 11:00 a.m. - Fairness Hearing*

*The Court is planning to move to another courthouse location in Spring 2018. The date, time, and location of the Fairness Hearing can change without further written notice. Please check this website to confirm the exact date, time and location of the Fairness Hearing before attending.

The Fairness hearing is currently scheduled for: April 9, 2018, at 11:00 a.m. (PT) before Judge Elihu M. Berle in Department 323 of the Los Angeles Superior Court, Central Civil West Courthouse, located at 600 South Commonwealth Avenue, Los Angeles, California 90005.

If You Are a Profit Participant on a Motion Picture Released by Twentieth Century Fox Film Corporation, You May Financially Benefit from a Class Action Settlement

This lawsuit claims that Fox failed to properly account for and pay motion picture profit participants (e.g. producers, writers, directors, and actors) in regard to Home Video Revenue, Electronic Sell-Through Revenue, and VOD Revenue under profit participation contracts that do not include express provisions regarding the treatment of such revenues for calculation of profit participation.

You may be a Class Member if you are a person or entity (or their successors-in-interest, assigns, and heirs) who is a party to a “Class Profit Participation Contract” (defined by the Settlement Agreement as a Profit Participation Contract using form definitions drafted by Fox before May 31, 1989, that, either as initially drafted or later amended, do not state an express percentage of Home Video Revenue and/or Electronic Sell-Through Revenue to use in calculating a Profit Participation).

Summary Of Your Options And Legal Rights In This Settlement

PARTICIPATE AS A RECOUPED CLASS MEMBER
(BY MARCH 2, 2018)

If you are a Recouped Class Member who received the Notice in the mail, you do not have to take any action to remain part of the Settlement Class and be eligible to receive the benefits, payments offered.

If you are a Recouped Class Member who did not receive the Notice in the mail, you can apply to receive payment from the Settlement. If you do not take any action you will not receive any benefits and you will be subject to the release described in the Notice. See FAQs 11-12 or call 1-844-611-5265.

PARTICIPATE AS AN UNRECOUPED CLASS MEMBER
(BY MARCH 2, 2018)

If you are an Unrecouped Class Member, you need to file a claim to be eligible to receive the benefits and payments offered in this settlement. If you do not take any action you will not receive any benefits and you will be subject to the release described in the Notice. See FAQs 11-12 or call 1-844-611-5265.

EXCLUDE YOURSELF
(BY MARCH 2, 2018)

Excluding yourself means you get no payment from this Settlement. This is the only option that allows you to keep any rights you currently have to negotiate with or sue Fox about the claims in this case. See FAQs 14–16.

OBJECT TO THIS SETTLEMENT
(BY MARCH 2, 2018)

If you do not exclude yourself, you may write to the Court about why you do not like this Settlement. See FAQs 19–20.

GO TO THE HEARING
(ON APRIL 9, 2018 AT 11:00 A.M.)

Ask to speak in Court about your opinion of this Settlement. See FAQs 21-23.


Home Video Revenue is revenue derived from the sale of physical copies of motion pictures in tangible products such as Videocassettes, DVDs, and Blu-Ray discs. Electronic Sell-Through Revenue is revenue derived from the sale of digital versions of motion pictures that are delivered to the consumer via electronic transmission (e.g. through download purchases on iTunes or Amazon). VOD Revenue is revenue derived from digital streaming of motion pictures, including through services commonly known as “video-on-demand” or “subscription video-on-demand,” where the consumer does not obtain permanent ownership of a copy of the motion picture (e.g. streaming on services like Netflix).

This Settlement provides a total of $12.6 million (“Settlement Fund”) which includes: (1) a $11.5 million Recouped Settlement Fund, which will be used to for compensation to the Recouped Class Members (as defined in FAQ 9); and (2) a $1.1 million Unrecouped Settlement Fund, which will be used for compensation to the Unrecouped Class Members (as defined in FAQ 9). Administrative and notice expenses, compensation to Named Plaintiffs, and attorneys’ fees and costs will be deducted from the Recouped Settlement Fund and Unrecouped Settlement Fund.

In exchange for these benefits, Class Members agree to release Fox from any claims arising out of any allegation that any past, present, or future Profit Participation or any other payments on account of Home Video Revenue or Electronic Sell-Through Revenue should have been in the past, should now or in the future be calculated based on more than 20% of Home Video Revenue or Electronic Sell-Through Revenue, whatever the theory and wherever in the world the transaction takes place. By remaining a Class Member, you agree that Fox will continue to account to you for Home Video Revenue and Electronic Sell-Through Revenue as it has done and currently does on a royalty basis. Fox will account for future VOD Revenue, and any future methods of streaming now known or hereafter created, on the basis of 100% of such VOD Revenue received after the Effective Date of the Settlement in a manner otherwise consistent with the terms of each Class Profit Participation Contract.

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