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

9. How will payments be calculated

Payments and benefits will be calculated from the Recouped Settlement Fund and Unrecouped Settlement Fund for Recouped Class Members and Unrecouped Class Members as described below. The Settlement Administrator will be responsible for the calculation and payment of the amounts due to Class Members based upon information received from Fox. (Note: It is possible for a Profit Participant to be considered both a Recouped Class Member and an Unrecouped Class Member in regard to different contracts. In such a situation, the Class Member would obtain a portion of the Recouped Settlement Fund and Unrecouped Settlement Fund).

Recouped Class Members: Recouped Class Member means a Class Member who, as of December 31, 2016, is a Profit Participant on one or more Class Films that have realized sufficient revenue to require payment of Profit Participation to that Class Member under the terms of that person or entity’s Class Profit Participation Contract and would have been entitled to payment of additional Profit Participation if Home Video Revenue or Electronic Sell-Through Revenue had been calculated based on more than 20% of Home Video Revenue or Electronic Sell-Through Revenue, as alleged by Plaintiff. Recouped Class Members will receive payments from the Settlement Fund, divided into two categories:

Retrospective Relief (70% of the Settlement Fund Payout)
Each Recouped Class Member shall be entitled to the percentage of the Retrospective Relief Fund equal to the ratio of the total amount of Profit Participation paid or payable to the Recouped Class Member pursuant to one or more Class Profit Participation Contracts through the period ending December 31, 2016, compared to the total amount of Profit Participation paid or payable to all of the Recouped Class Members pursuant to Class Profit Participation Contracts for all periods through the period ending December 31, 2016.

Prospective Relief (30% of the Settlement Fund Payout)
Each Recouped Class Member shall be entitled to the percentage of the Prospective Relief Fund equal to the ratio of the total amount of Profit Participation paid or payable to the Recouped Class Member pursuant to one or more Class Profit Participation Contracts for the period from January 1, 2009, through December 31, 2016 compared to the total amount of Profit Participation paid or payable to all of the Recouped Class members pursuant to Class Profit Participation Contracts for the same period, with such ratio being deemed an estimate of the ratio of future Profit Participation payments.

Unrecouped Class Members: Unrecouped Class Member means a Class Member who, as of December 31, 2016, is a Profit Participant on at least one Class Participation Contract on a Class Film that has not realized sufficient revenue to require payment of Profit Participation to that Class Member under the terms of that person or entity’s Class Profit Participation Contract. Payments to Unrecouped Class Members will be calculated taking into account the number of claims made, the revenues on the class films on which unrecouped claims are made, and the claimants on the film. To the extent the payout for any Class Film is under $20,000 and it has multiple Participating Unrecouped Class Members, the payout shall be divided equally among the Participating Unrecouped Class Members for that Class Film. To the extent the payout for any Class Film is $20,000 or more and it has multiple Participating Unrecouped Class Members, then Fox will pay each Participating Unrecouped Class Member its percentage of the payout allocable to a Class Film (calculated in accordance with Section 5.3.3 of the Settlement Agreement), on a pro rata basis, depending on the percentage participation interest of each Participating Unrecouped Class Member, with appropriate distinctions made for gross and net participants.

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