Settlement Documents

Title of Document

Description of Document

Settlement Agreement (Subject to Order of Final Approval)

This agreement contains the most important terms of the settlement.  There is a separate agreement for each of the 19 cases but they all contain essentially the same terms, although the parties differ; we have attached the Settlement Agreement in Case No. 268 882 – Bob Shayne, et al. as an example.

Administrative Order No. 1:  Terms and Conditions Governing Settlement Fund II Prior to Effective Date

This Order sets forth the terms and conditions for establishing and administering the settlement fund in these settled cases; it is known as Settlement Fund II. It also appoints the initial Trustees of Settlement Fund II.  The same Order applies to all 19 settled cases.

Administrative Order No. 2:  Notice

This Order (a) grants the parties the power to select the Claims Administrator, (b) sets forth the procedure for notifying Settlement Class Members of the Settlements, and (c) establishes the procedures for filing and processing requests for exclusion from and objections/comments to the proposed Settlements.  The same Order applies to all 19 cases.

MAILED NOTICE of Settlement to certain members of the Settlment Class with known addresses.

This notice explains that the Court has preliminarily approved the settlements in 19 cases and provides detailed information in question and answer format about class members’ rights and deadlines under the settlement.  The same mailed notice applies to all 19 cases. 

PUBLISHED NOTICE of Settlement, which is also the notice mailed or e-mailed to persons who registered certain kinds of literary material with certain recording services.

This notice will be published in several newspapers and magazines. It explains that the Court has preliminarily approved the settlements in 19 cases and provides information about class members’ rights and deadlines under the settlement. It has less detail than the mailed notice. The same published notice applies to all 19 cases.

NOTICE of Settlement mailed to known beneficiaries and representatives of deceased settlement class members.

This notice explains that the Court has preliminarily approved the settlements in 19 cases and provides information about settlement class members’ rights and deadlines under the settlement. Although it has less detail than the primary mailed notice, it is oriented specifically toward beneficiaries and representatives of deceased settlement class members.  The same notice applies to all 19 cases.

BANNER NOTICE of settlement for use on Internet sites

This notice alerts readers to the settlement and provides a link to websites of Class Counsel and the Claims Administrator, Garden City Group, Inc.  The same banner notice applies to all 19 cases.

PUBLICATION SCHEDULE

Lists the publications and Internet sites in which notice of the settlements will be placed.

Television Writers CLAIM FORM (The deadline for filing a claim has passed. The form is now available upon request, but only until December 1, 2010.)

This is the form that must be filed by a settlement class member in order to request an award from the settlement fund.  The same form applies to all 19 cases.

Television Writers Claim Form (INSTRUCTIONS FOR BENEFICIARIES AND ESTATE REPRESENTATIVES)

These are special instructions for beneficiaries and duly appointed representatives of estates of settlement class members who died after October 21, 1996, explaining how they should complete the claim form and what other information they will be asked to provide.  The same form applies to all 19 cases.

Administrative Order No. 3:  Qualified Settlement Fund II

This Order (a) sets forth the terms and conditions for establishing and administering QSF II after the Effective Date of the Settlements and (b) appoints the initial Trustees of QSF II.  The same Order applies to all 19 cases.

Administrative Order No. 4:  Claims Filing and Evaluation Procedures

This Order establishes the procedures for filing and processing claims that enable settlement class members to obtain a portion of QSF II.  The same Order applies to all 19 cases.

CONFIDENTIALITY ORDER and EXHIBIT

This Order restricts the dissemination of identifying information about any settlement class member who files a Claim Form.  The same Order applies to all 19 cases.

ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENTS AND DIRECTING NOTICE

This Order preliminarily approves the Settlement Agreements and enters various related orders regarding to the Settlement.  The same Order applies to all 19 cases.

PLAINTIFFS’ MOTION for (1) Preliminary Approval of Settlement Agreements; (2) Entry of Administrative Order Nos. 1-4; and (3) Entry of Preliminary Approval Order, with Supporting MEMORANDUM OF POINTS AND AUTHORITIES

This Motion and Memorandum contains plaintiffs’ arguments to the Court for preliminary approval of the settlement, including the documents listed above.  The Motion and Memorandum apply to all 19 cases.

DECLARATION OF PAUL C. SPRENGER in Support of Plaintiffs’ Motion for (1) Preliminary Approval of Settlement Agreements; (2) Entry of Administrative Order Nos. 1-4; and (3) Entry of Preliminary Approval Order

This Declaration contains most of the factual support for the Motion and Memorandum, including the reasons that Lead Class Counsel Paul Sprenger believes that the Settlement warrants approval by the Court.  This Declaration applies to all 19 cases.

(Exhibit A to Sprenger Declaration) EXPERIENCE OF CLASS COUNSEL

Discusses the qualifications of Lead Class Counsel Paul C. Sprenger.  This Exhibit applies to all 19 cases.

(Exhibit B to Sprenger Declaration) HISTORY OF THE LITIGATION

Briefly summarizes the history of the litigation before the settlement negotiations.  This Exhibit applies to all 19 cases.

(Exhibit C to Sprenger Declaration) SUPPORTING COMMENTS FROM MEMBERS OF PLAINTIFFS’ LIAISON COMMITTEE

Letters from each member of the Plaintiffs’ Liaison Committee supporting the proposed settlement.  This Exhibit applies to all 19 cases.

(Exhibit D to Sprenger Declaration) DECLARATION OF TODD B. HILSEE

The expert consulted by the parties on the language and method of giving notice of the Settlement explains why he believes that the notice is fair, adequate and reasonable.  This Declaration applies to all 19 cases.

DISCOVERY PROTOCOL for Discovery in Non-Settling Cases (Exhibit to Settlement Agreement)

This protocol places conditions and limits on the discovery plaintiffs may conduct in the CAA case which is not part of any settlement.

DECLARATION OF THOMAS W. OSBORNE in Support of Plaintiffs’ Motion for (1) Preliminary Approval of Settlement Agreements; (2) Entry of Administrative Order Nos. 1-4; and (3) Entry of Preliminary Approval Order

This Declaration contains additional factual support for the Motion and Memorandum, including the reasons that AARP believes that the Settlement is fair to the members of the proposed settlement classes.  This Declaration applies to all 19 cases.

(Exhibit A to Osborne Declaration) CURRICULUM VITAE OF THOMAS OSBORNE

This document summarizes the experience of National Class Counsel Thomas Osborne.  This Exhibit applies to all 19 cases.

NOTICE OF REQUEST FOR GOOD FAITH SETTLEMENT DETERMINATION

This notice is directed at other potentially liable entertainment entities who are not defendants in any of the settling cases. It is designed to help relieve the named defendants in the settling cases of potential exposure to other entertainment entities that could be sued by writers for age discrimination.  This Notice applies to all 19 cases.

[Proposed] ORDER REGARDING GOOD FAITH DETERMINATION

This proposed Order, when entered by the Court, relieves defendants from potential exposure to other entertainment entities that could be sued by writers for age discrimination. This Order applies to all 19 cases.

[Proposed] JUDGMENT

The proposed Judgment, when entered by the Court, implements the settlement and releases the defendants from age discrimination claims by settlement class members through the date of preliminary approval.  There is a separate Judgment for each of the 19 cases; we have attached the Proposed Final Judgment in Case No. 268 882 – Bob Shayne, et al. as an example.

NOTICE OF DISMISSAL of Certain Claims with Prejudice

Seven days after the Settlement becomes effective, this notice will be filed dismissing the joint liability claims asserted in the CAA case.

PRESS RELEASE

This is the joint statement of the parties issued to the press upon preliminary approval of the Settlement.  This Press Release applies to all 19 cases.

VERBAL STATEMENT to the Media by Paul Sprenger, Lead Class Counsel in the Writers’ Cases