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Cameron Park v. Zuffa, LLC

United States District Court, D. Nevada

April 4, 2018

CAMERON PARK, JOSHUA RILEY, MICHAEL AD AMI, MEGAN DUNCAN, BENITO ALICE A, 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.

          LIPSON NEILSON, David A. Markman Attorneys for Plaintiffs

          CAMPBELL & WILLIAMS J. Colby Williams, Philip R. Erwin Attorneys for Defendants Zuffa, LLC and NeuLion, Inc.

          STIPULATION TO MODIFY ORDER DIRECTING NOTICE TO THE CLASS

         WHEREAS, this stipulation is entered into by and between plaintiffs Cameron Park, Joshua Riley, Michael Adami, Megan Duncan, Benito Alicea, Jr., Phillip Garcia, Hasan Daas, Brad Grier, Wesley Inman, Matt Leboeuf, Lloyd Trushel, Mark White and Dongsheng Liu ("Plaintiffs") and defendants Zuffa, LLC d/b/a "UFC" and NeuLion, Inc. ("Defendants");

         WHEREAS, this matter pertains to a boxing match held on August 26, 2017 (the "Event"), with Plaintiffs and other Settlement Class Members having paid for the ability to live-stream the Event;

         WHEREAS, on February 22, 2018, the Court entered an Order granting preliminary approval of the proposed class action settlement agreement ("Settlement Agreement") and directing notice to the Settlement Class provided in the Settlement Agreement ("Preliminary Approval Order");

         WHEREAS, the Preliminary Approval Order directed that notice be disseminated on or before April 9, 2018;

         WHEREAS, the Settlement Agreement provided that the Settlement Administrator would disseminate notice by, among other things, sending the Direct Email Notice (attached to the Settlement Agreement as Exhibit D) to the Settlement Class Members;

         WHEREAS, Defendants possess email contact information for most Settlement Class Members but, in cases where a Settlement Class Member purchased streaming access to the Event from a partner (Amazon, Apple or Microsoft), only the partner possesses such information;

         WHEREAS, Amazon, upon having received a subpoena from Defendants for the relevant contact information, contacted Defendants' counsel and expressed a preference to notify its affected customers itself, rather than having the notice come from the Settlement Administrator;

         WHEREAS, in compromise, Amazon has agreed to send the following email on or before April 9, 2018 (hereafter, "Amazon Direct Email Notice") to Settlement Class Members who purchased streaming access to the Event from Amazon, with the subject heading "Court Ordered Class Action Notice: online stream of the Floyd Mayweather v. Conor McGregor boxing match":

Amazon is sending you this email because our records indicate that you purchased the online stream of the August 26, 2017 Floyd Mayweather vs. Conor McGregor boxing match. If so, you might be entitled to payment from a settlement.
In March 2018, a federal court in Nevada approved the settlement of a class action lawsuit regarding disruptions to the online stream of the Mayweather-McGregor fight. If you were not able to view some or all of the event due to streaming disruption, you may be eligible to receive between $25 and $99.99 depending on how much of the event you could not watch. You must submit a valid claim to receive a payment. Claims must be submitted by August 20, 2018.
Amazon is sending this email on behalf of the defendants in the lawsuit, and as required by the court. Because we are not involved in the lawsuit, however, we cannot assist you directly. To view the full email notice approved by the Court, click here [hyperlink to be inserted]. To get a copy of the full Settlement Notice or a Claim Form by U.S. Mail or email, you can call the following toll free telephone number: [Settlement Administrator telephone number to be inserted]. To get more information or to file a claim electronically, please go to www.UFCPPVSettlement.com.

         WHEREAS, the Settlement Administrator has received email contact information for Settlement Class Members who purchased access from Defendants and Apple, and is prepared to send the Direct Email Notice to them by April 9, 2018, such that, together with Amazon sending the Amazon Direct Email Notice by April 9, 2018, email notice to the settlement ...


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