As long as you fall within the definition of the Litigation Class, you can participate in, or choose to exclude yourself from, the ongoing lawsuit against the Non-Settling Defendants, regardless of which Defendant you work or worked for, or whether you have worked for more than one. Current and former employees of Settling Defendants Blue Sky and Sony Pictures, and the Non-Settling Defendants (DreamWorks Animation, Two Pic/IMD, Lucasfilm, Pixar, Disney) who fall within the definition of the Litigation Class are all Litigation Class Members.Top
If you are a Litigation Class Member, you have the right to (1) do nothing, in which case you will be bound by the outcome of the litigation against the Non-Settling Defendants, including receiving payment that could result from trial or future settlements in this litigation against Non-Settling Defendants, or (2) exclude yourself from the ongoing lawsuit, in which case you preserve any right you may have to bring a lawsuit of your own – but give up the right to receive any payment that could result from trial or future settlements in this litigation with Non-Settling Defendants.Top
The Court appointed the following three law firms as Class Counsel to represent the Litigation Class:
Daniel A. Small
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Suite 500
Washington, DC 20005
Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Marc M. Seltzer
SUSMAN GODFREY LLP
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067-6029
These lawyers and law firms are called “Plaintiffs’ Counsel.” They are the same lawyers who represent the Settlement Class. Their contact information may be viewed on the Notice available here.Top
For the Litigation Class moving forward, if another settlement is reached with any or all of the Non-Settling Defendants, or if Plaintiffs are successful at trial against the Non-Settling Defendants, Plaintiffs’ Counsel may ask the Court to approve a payment for attorney’s fees, out-of-pocket costs and expenses, and Service Awards from any recovery as well.
The costs of providing the Notice and administering the Settlements 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.Top
If you fall within the Litigation Class definition but do not want to be included in the ongoing class action lawsuit against the Non-Settling Defendants then you must exclude yourself from or opt out of this lawsuit.
To exclude yourself from or opt out of the ongoing lawsuit against the Non-Settling Defendants, you must send a letter or other written request to the Notice and Claims Administrator saying that you want to be excluded from the Litigation Class in In re: Animation Workers Antitrust Litigation, with your full legal name and the name(s) of the Defendant company or companies for which you worked during the time frames specified in Question 27 of the Notice. Your request must be postmarked no later than September 30, 2016 (or received by the Notice and Claims Administrator by that date if sent by fax or email). If you have any questions about how to submit this request, please call the Notice and Claims Administrator at the telephone number printed below.
If you request to be excluded from the ongoing lawsuit against the Non-Settling Defendants, you will not be legally bound by the Court’s judgments. If the Litigation Class gets money or benefits as a result of any settlement or trial between any of the Non-Settling Defendants and the Plaintiffs, you will not receive any of that money or those benefits. You will, however, be able to sue, or continue to sue, any of the Non-Settling Defendants about the same legal claims that are involved in this case. If you do exclude yourself from the ongoing lawsuit and pursue a separate lawsuit, you will need to retain your own lawyer for that case or prosecute the case without a lawyer.
To exclude yourself from the ongoing lawsuit against the Non-Settling Defendants, you must submit an opt-out letter postmarked no later than September 30, 2016 (or received by the Notice and Claims Administrator by that date if sent by fax or email) to the following address:
Animation Workers Antitrust Litigation
c/o Kurtzman Carson Consultants ("KCC")
P.O. Box 6002
Larkspur, CA 94977-6002
You cannot exclude yourself or opt out by telephone.Top
If the case against the Non-Settling Defendants is not dismissed or settled, a trial is set to begin on June 12, 2017, in Courtroom 8 – 4th floor of the Robert F. Peckham Federal Building, 280 South 1st Street, San Jose, CA, 95113. This trial may be moved to a different date or time without additional notice. The current schedule for the case will be posted at www.animationlawsuit.com.Top
You will not need to attend the trial unless you are a trial witness who volunteers or is asked to attend by one or more of the parties or by the Court. You and/or your own lawyer are welcome to attend. Check the website, www.animationlawsuit.com, to be kept informed of the trial schedule.Top
There is no guarantee that Plaintiffs will obtain any money or benefits from the Non-Settling Defendants. Litigation Class Members will receive notice if Plaintiffs obtain money or benefits as a result of the trial or a settlement with one or more of the Non-Settling Defendants.Top