Norcross v. Tishman Speyer Properties, L.P.

Background

Natalie Norcross brought this class action against Tishman Speyer Properties, L.P., Rock Rink L.L.C., and RCPI Landmark Properties, LLC. The proposed settlement covered individuals who purchased electronic tickets through Defendants’ website for Top of the Rink, the Rink, and/or Rockefeller Center Tours from August 29, 2022, through January 31, 2024, and paid a processing fee.

On May 17, 2024, the court had preliminarily approved the settlement and conditionally certified the settlement class under Federal Rule of Civil Procedure 23(b)(3). The court later considered the settlement agreement, the motion for final approval, the motion for attorneys’ fees, costs, expenses, and an incentive award, the parties’ submissions, and arguments at the August 16, 2024 final approval hearing.

Final approval and dismissal

Judge Oetken found that the notice to the class complied with Rule 23 and due process. Seven individuals submitted timely and valid requests for exclusion and were excluded from the settlement class. The court also found that Defendants properly notified the relevant government officials under the Class Action Fairness Act.

The court finally approved the settlement in all respects, finding it fair, reasonable, adequate, and in the best interests of the settlement class. It found no collusion and concluded that Norcross and class counsel adequately represented the class. The parties were directed to implement the settlement, which was incorporated into the final judgment.

The court dismissed the action on the merits and with prejudice. Upon the settlement’s effective date, Norcross and all non-excluded settlement class members—including those who did not submit claims—were deemed to release claims against the Defendants and specified related parties arising from the alleged collection of processing fees during the covered period. The order gave that release binding and claim-preclusive effect and permanently barred settlement class members from bringing actions based on the released claims.

Fees, incentive award, and case closure

The court granted the motion for attorneys’ fees, costs, and expenses and approved payment of $366,666.67 under the settlement. It also approved a $5,000 incentive award to Norcross for her efforts and commitment as class representative. Payments to class members that are not negotiated within 180 days of issuance will revert to the Legal Aid Society as the approved recipient.

The court retained jurisdiction over settlement administration, completion, enforcement, and interpretation until the settlement’s effective date. It directed entry of final judgment, stated that each party would bear its own costs except as provided in the order or settlement, terminated the motions at ECF Nos. 25 and 31, and directed that the case be marked closed. The order also stated that the settlement was not an admission of fault, liability, or wrongdoing by Defendants.