SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
DANIEL A. SHRIVER, et al.,
Plaintiffs,
CASE NO. BC 338746
NOTICE OF CLASS ACTION SETTLEMENT
vs.
ROCKET SCIENCE LABORATORIES, LLC, et al.,
Defendants.
THIS NOTICE MAY AFFECT YOUR RIGHTS -- PLEASE READ IT CAREFULLY
I.
WHY SHOULD I READ THIS NOTICE?
The purpose of this Notice is to inform you that your rights may be affected by the proceedings in a class action
lawsuit pending in the Los Angeles County Superior Court in the State of California (the “Court”). This notice is
provided by Order of the Court.
In simple terms, the class action lawsuit relates to your work on reality television programs produced and/or
broadcast/telecast by defendants Rocket Science Laboratories, LLC, Fox Broadcasting Company, and/or their respective
affiliates, and seeks, among other things, wages, penalties, and other amounts allegedly due under the California Labor
Code and other laws relating to, among other things: (a) regular and overtime wages; (b) meal and rest periods; and (c)
paystubs and recordkeeping. The settlement does not constitute an admission of liability by the defendants or any of the
released parties. The defendants dispute these claims and do not believe that any members of the settlement class have
been injured or are entitled to any damages. The Court has not yet ruled, one way or the other, on the merits of plaintiffs’
claims.
A settlement has now been reached with the defendants, and the Court has granted preliminary approval to the
settlement. This notice summarizes essential information concerning the settlement and your potential rights under the
settlement.
II.
WHAT IS A CLASS ACTION?
A class action is a type of lawsuit in which one or a few named plaintiffs bring suit on behalf of all the members
of a similarly-situated group or groups to recover damages for all members of the group or groups without the necessity of
each member filing an individual lawsuit or appearing as an individual plaintiff. Class actions are used by courts where
the claims raise basic issues of law or facts that are common to all members of the class, thereby making it fair to bind all
class members to the orders and the judgment in the case, without the necessity of hearing essentially the same claims
over and over. Use of the class action eliminates the necessity of filing multiple lawsuits, and assures that all class
members are bound by the results of a single lawsuit.
III.
AM I A MEMBER OF THE SETTLEMENT CLASS?
The Settlement Class includes: all past and present employees of one or more defendants who performed services
relating to story development for one or more of the Covered Programs during the Release Period, including, but not
limited to, employees with the following job titles and/or job duties: Story Editor, Story Assistant, Associate Producer,
Story Producer, Segment Producer, Field Producer, Format Producer, Editor, Senior Story Producer, Senior Story Editor,
Writer, Assistant Story Editor, and Supervising Story Producer.
For purposes of this definition, the Covered Programs include: Trading Spouses; Joe Millionaire; The Next Joe
Millionaire; My Big Fat Obnoxious Fiancé; My Big Fat Obnoxious Boss; Renovate My Family; Seriously, Dude, I’m
Gay; and Married by America, and the Release Period is from August 23, 2001 through December 18, 2008.
Accordingly, if you had one or more of the job titles or job duties described above on one or more of these programs
during this time period, you are a member of the Settlement Class.
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However, you will be excluded from the settlement class if you properly and timely elect to opt out pursuant to
the terms of the settlement.
IV.
WHAT ARE THE TERMS OF THE PROPOSED SETTLEMENT?
The Court has granted preliminary approval to the proposed settlement and conditionally certified the settlement
class. The settlement has not yet been granted final approval by the Court. Final approval will take place only after a
fairness hearing, at which class members will have an opportunity to comment on the proposed settlement.
The proposed settlement makes available up to $2,575,000 to fund cash benefits to class members, notice and
administration costs, class counsel’s fees and costs, incentive payments to the representative plaintiffs, and other expenses
pursuant to the Settlement Agreement. Each member of the settlement class who properly and timely submits a claim
form to the claims administrator will receive a cash payment based on, among other things, the average number of hours
he or she worked per week on Covered Programs, the total number of weeks he or she worked on the Covered Programs,
and his or her total number of Covered Programs. For more details regarding how the settlement proceeds are allocated
among settlement class members, please review Section 10 of the Settlement Agreement.
In exchange for the benefits described above, members of the settlement class who do not opt out will be deemed
to have given a complete release of all settled claims (whether or not they actually seek the potential benefits available
under the settlement). If the Court grants final approval to the settlement, the Court will enter a final judgment and
dismiss all such claims with prejudice.
The claims to be released by the settlement class who do not opt out are as follows:
Any and all claims, liabilities, rights, demands, suits, matters, obligations, liens,
damages, losses, costs, expenses, debts, actions, and causes of action, of every kind
and/or nature whatsoever, whether now known or unknown, suspected or
unsuspected, asserted or unasserted, latent or patent, regardless of legal theory or type
or amount of relief or damages claimed, which any Releasing Party now has, at any
time ever had, or hereafter may have against any Released Party, and which in any
way arises out of, is based on, or relates in any way to one or more of the Covered
Programs and (a) regular and/or overtime wages due or allegedly due; (b) meal and
rest periods missed and/or denied or allegedly missed and/or denied; (c) check stubs,
documentation, information, or records provided, delivered, or maintained, or not
provided, delivered, or maintained; (d) violation or alleged violation of Labor Code
Sections 201, 201.5, 202, 204, 226, 226.7, 510, 512, 515, 1174, 1194, the federal Fair
Labor Standards Act, any California Industrial Commission Wage Order, and/or any
other statute or regulation regarding the payment of wages and/or meal and rest
periods; (e) attorneys’ fees due or allegedly due under Labor Code Section 218.5 or
any other statute, regulation, or contractual provision; (f) other claims that any
Releasing Party has against any Released Party alleged in the Complaint; and (g)
penalties which in any way are based on any of the foregoing, including but not
limited to penalties under Labor Code Sections 203, 210, 226(e), 226.3, 558, 1174.5,
the federal Fair Labor Standards Act, any California Industrial Commission Wage
Order, and/or any other statute or regulation regarding the payment of wages.
Without it any way limiting the foregoing, Settled Claims shall include all claims,
liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs,
expenses, debts, actions, and causes of action under the foregoing, whether enforced
directly or pursuant to Labor Code Section 2699, Business and Professions Code
Section 17200, et seq., claims for injunctive and/or declaratory relief, or any other
mechanism.
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V.
CAN I EXCLUDE MYSELF (OR OPT OUT) FROM THE SETTLEMENT CLASS?
If you remain a member of the settlement class, you will be represented by settlement class counsel, and you will
be entitled to submit a claim form, which is enclosed with this notice.
If you wish to exclude yourself (or opt out) from the settlement class, you must submit a letter requesting
exclusion. Your request for exclusion must be signed by you personally, and it must clearly state: (1) your name,
address, and telephone number; and (2) your wish to be excluded from the settlement class. Your letter requesting
exclusion must be postmarked on or before April 14, 2009, and mailed to:
Claims Administrator (CA5209)
P.O. Box 2730
Portland, OR 97228-2730
If you properly opt out, you will not be bound by the settlement, but you will not be eligible to participate in the
potential benefits. However, members who do not opt out in the manner and time prescribed will be bound by the
settlement.
VI.
CAN I OBJECT TO THE CLASS SETTLEMENT?
The Court has scheduled a fairness hearing on May 18, 2009, in Department 49 of the Los Angeles County
Superior Court, which is located at 111 N. Hill St., Los Angeles, California 90012, to hear evidence and testimony
regarding whether final approval should be given to the proposed settlement. The hearing will begin at 8:30 a.m. The
Court may continue the time and date of the hearing without further notice.
If you are member of the settlement class, you may appear at the fairness hearing and/or file a written statement,
commenting on or objecting to the proposed settlement. Any written comments or objections must be in the form of a
statement sworn to under penalty of perjury. If you wish to appear at the hearing and object to the settlement, you must
file a written statement of your intention to do so. The statement must include your name and address (the name and
address of your attorney, if you have one, is insufficient) and the basis for your comments or objections. All comments or
objections or statements of intention to appear must be filed with the Clerk of the Court, Superior Court, Los Angeles
County, 111 N. Hill St., Los Angeles, California 90012, and mailed to:
Claims Administrator (CA5209)
P.O. Box 2730
Portland, OR 97228-2730
To be timely, your comments, objections, and/or notice of intent to appear must be filed with the Court and
postmarked on or before April 14, 2009. If you do not meet this deadline, you will waive your right to object. You may
choose to engage the services of an attorney to pursue your objection, in which case your attorney must file a notice of
appearance with the Court by April 14, 2009, and mail copies to the Claims Administrator at the address listed above. You
alone will be responsible for the fees and costs of your attorney. Any class member who does not arrange for such notice
of appearance will forever waive his or her right to select separate counsel.
If the settlement is not approved by the Court or is later terminated, you will receive no benefits under the
settlement, the lawsuit will proceed as active litigation with the same or different class definition, and you will not be
bound by the releases in the settlement.
VII.
WHO REPRESENTS THE SETTLEMENT CLASS?
Andrea Archer, Zachary H. Isenberg, Valerie C. Ahern, Joseph L. Weiss, Victoria Dew, Brian N. Gibson, Lowell
Goodman, and Alastair Surprise are the named plaintiffs who represent the interests of class members in this litigation.
The named plaintiffs and the settlement class are represented by:
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Robert D. Newman, Esq.
3701 Wilshire Boulevard, Suite 208
Los Angeles, CA 90010-2809
Fax: (213) 312-2000
Emma Leheny
Rothner, Segall & Greenstone
510 South Marengo Avenue
Pasadena, CA 91101-3115
Fax: (626) 577-0124
VIII.
WHAT FEES AND COSTS ARE INVOLVED?
If eligible, members of the settlement class may participate in the settlement without incurring any legal fees. In
connection with the fairness hearing on May 18, 2009, settlement class counsel will make a request to the Court for an
award of attorneys’ fees of up to $643,750, which is 25% of $2,575,000, and an award of costs and expenses of up to
$15,688. Also, settlement class counsel will make a request to the Court for an incentive award of up to $8,250 for each
settlement class representative and for Daniel A. Shriver and Jubba Seyyid up to a maximum aggregate total of $82,500
for the representation of the class throughout this litigation and in addition to their class member benefits under the
settlement. The requests for attorneys’ fees and costs and the incentive awards are subject to Court approval.
To date, settlement class counsel have not received any payment for their services in conducting this action on
behalf of the representative plaintiffs and the members of the settlement class, nor has counsel been reimbursed for out-ofpocket expenses. The requested attorneys’ fees and costs will compensate counsel for their efforts in achieving the
settlement for the benefit of the settlement class and for the risk in undertaking this representation on a wholly contingent
basis.
IX.
HOW DO I OBTAIN ADDITIONAL INFORMATION?
This Notice is intended only to provide a summary of the circumstances surrounding the litigation, the terms of
the proposed settlement, and related matters. You may seek the advice and guidance of your own private attorney, at your
own expense, if you desire. For more detailed information, you may review the pleadings, records, and other papers on
file in this litigation, which may be inspected during regular business hours at the Clerk’s office, Los Angeles County
Superior Court, located at 111 N. Hill St., Los Angeles, California 90012. You may review the Settlement Agreement
upon written request to settlement class counsel. You will not receive any further notice if the settlement is approved
and/or is terminated or modified. Accordingly, if you wish to participate in the settlement and seek the potential benefits
available thereunder, you should submit a claim as soon as possible according to the instructions below. Please do not
contact the Court for information.
X.
HOW DO I MAKE A CLAIM?
If you believe that you are entitled to a benefit under the settlement, you may return the enclosed claim form to
Claims Administrator (CA5209), P.O. Box 2730, Portland, OR 97228-2730. YOUR CLAIM FORM MUST BE
POSTMARKED BY NO LATER THAN APRIL 14, 2009 FOR YOU TO BE ELIGIBLE TO SEEK THE BENEFITS OF
THE SETTLEMENT. If the settlement is granted final approval, you will be contacted regarding your claim. If you do
not timely file a claim form, and you do not opt out, you will still be bound by the settlement, including any releases and
assignments of your claims effectuated thereby.
Please do not contact the Court for information.
Dated: December, 2008
The Honorable Conrad R. Aragon, Los Angeles County Superior Court
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