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Cameron Park v. Zuffa, LLC

United States District Court, D. Nevada

February 22, 2018

CAMERON PARK, JOSHUA RILEY, MICHAEL AD AMI, MEGAN DUNCAN, BENITO ALICEA, JR., PHILLIP GARCIA, HASAN DAAS, BRAD GRIER, WESLEY INMAN, MATT LeBOEUF, LLOYD TRUSHEL, MARK WHITE, and DONGSHENG LIU on Behalf of Themselves and All Others Similarly Situated, Plaintiffs,
v.
ZUFFA, LLC, a Nevada Limited Liability Company d/b/a "Ultimate Fighting Championship" and "UFC"; and NEULION; INC., a Delaware Corporation, Defendants.

          ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, PROVISIONALLY CERTIFYING SETTLEMENT CLASS, DIRECTING NOTICE TO THE CLASS, AND SCHEDULING OF FAIRNESS HEARING

          Honorable Andrew P. Gordon JUDGE

         WHEREAS, this matter has come before the Court pursuant to Plaintiffs' Motion for Preliminary Approval of the Class Settlement and Approving the Form and Method of Notice to the Class (the "Motion");

         WHEREAS, the Court finds that it has jurisdiction over the Action and each of the parties for purposes of settlement and asserts jurisdiction over the Class Members for purposes of effectuating this settlement and releasing their claims (all capitalized terms as defined in the Settlement Agreement attached hereto as Exhibit 1); and, WHEREAS, this Court has considered all of the submissions related to the Motion and is otherwise fully advised in the premises;

         IT IS HEREBY ORDERED AS FOLLOWS:

         I. PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT

         1. The terms of the revised Settlement Agreement, including all exhibits thereto (the "Agreement" or "Settlement Agreement"), are preliminarily approved as fair, reasonable, and adequate to the Class, are sufficient to warrant sending notice to the Class, and are subject to further consideration thereof at the Fairness Hearing referenced below. This Order incorporates herein the Agreement, and all of its exhibits and related documents. Unless otherwise provided herein, the terms defined in the Agreement shall have the same meanings in this Order. The Agreement was entered into after extensive arm's length negotiations by experienced counsel and with the assistance and oversight of an experienced neutral, Lizabeth Hasse at JAMS in Las Vegas. The Court finds that the settlement embodied in the Agreement ("the Settlement") is sufficiently within the range of reasonableness so that notice of the Settlement should be given to the Class as provided in the Agreement and this Order. In making this determination, the Court has considered the current posture of this litigation and the risks and benefits to the Parties involved in both settlement of these claims and continuation of the litigation.

         II. THE CLASS, CLASS REPRESENTATIVES, AND CLASS COUNSEL

         2. The Court provisionally certifies the following Class for settlement purposes only (the "Class"):

All Persons who, from a United States address, purchased access to stream the Event for viewing as a consumer on UFC.TV, the UFC mobile application, Amazon Fire TV, Apple TV, Microsoft Xbox, Roku, or on LG or Samsung devices

         3. Specifically excluded from the Class are: (a) Defendants and their employees, principals, affiliated entities, legal representatives, successors and assigns; (b) any Person who files a valid, timely Opt-Out request; (c) federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof) and (d) the judge(s) to whom this Action is assigned and any members of his, her, or their immediate families.

         4. The Court preliminarily finds, for settlement purposes only and conditioned upon the entry of this Order, the Final Order, and Final Judgment, the terms of the Agreement, and the occurrence of the Final Effective Date, that the Class meets all the applicable requirements of Fed.R.Civ.P. 23(a) and (b)(3), and hereby provisionally certifies the Class for settlement purposes only.

         5. The Court preliminarily finds, in the specific context of this Settlement, that: (a) the number of Class Members is so numerous that their joinder in one lawsuit would be impractical; (b) there are some questions of law or fact common to the Class that are sufficient for settlement purposes; (c) the claims of Class Representatives are typical of the claims of the Class Members they seek to represent for purposes of settlement; (d) the Class Representatives have fairly and adequately represented the interests of the Class for settlement purposes and the Class Representatives have retained experienced counsel to represent them whom the Court finds have satisfied the requirements of Fed.R.Civ.P. 23(a)(4) and 23(g) and are qualified to serve as Class Counsel; (e) the questions of law or fact common to the Class, as pertains to consideration of the Settlement, predominate over any questions affecting any individual Class Member; and, (f) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy through settlement.

         6. The Court designates the following persons as Class Representatives: Cameron Park, Joshua Riley, Michael Adami, Megan Duncan, Benito Aliciea Jr., Hasan Daas, Brad Grier, Wesley Inman, Matt LeBoeuf, Lloyd Trushel, Mark White, Dongsheng Liu, and Phillip Garcia.

         7. The Court further preliminarily finds that the following counsel fairly and adequately represent the interests of the Class for settlement purposes and hereby appoints them as Class Counsel pursuant to Fed.R.Civ.P. 23(g): Hart Robinovitch and Caleb Marker of Zimmerman Reed LLP; Bonner Walsh of Walsh PLLC; Timothy J. Peter of Faruqi & Faruqi, LLP; Aaron M. Olson of Haeggquist & Eck, LLP; Eric A. LaGuardia of LaGuardia Law; Drew Ferrandini of Seven Hill Law, APC pursuant to Fed.R.Civ.P. 23(a)(4) and 23(g).

         8. If the Agreement is not finally approved by the Court, or for any reason the Final Order and Final Judgment are not entered as contemplated in the Agreement, or the Agreement is terminated pursuant to its terms for any reason or the Final Effective Date does not occur for any reason, then:

(a) All orders and findings entered in connection with the Agreement shall become null and void and have no force or effect whatsoever, shall not be used or referred to for any purposes whatsoever, and shall not be admissible or discoverable in this or any other proceeding; and
(b) The provisional certification of the Class pursuant to this Order shall be vacated automatically and the Actions shall proceed as though the Class had never been certified;
(c) Nothing contained in this Order is to be construed as a presumption, concession, or admission by or against Defendants or Plaintiffs of any default, liability or wrongdoing as to any facts or claims alleged or asserted in the Action, or in any action or proceeding, including but not limited to, factual or legal matters relating to any effort to certify the Actions or any Action as a class action;
(d) Nothing in this Order pertaining to the Agreement, including any of the documents or statements generated or received pursuant to the claims administration process, shall be used as evidence in any further proceeding in the Actions, including, but not limited to, motions or proceedings seeking treatment of the Action or any action as a class action; and,
(e) All of the Court's prior Orders having nothing whatsoever to do with class certification or the Agreement shall, subject to this Order, remain in force and effect.

         III. NOTICE ...


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