Jones v. Regal Cinemas, Inc.

Background

This was a proposed class action brought by Tim Jones on behalf of himself and similarly situated people against Regal Cinemas, Inc. The parties entered into a class-action settlement concerning the alleged collection and retention of fees connected with electronic ticket sales. The court had previously granted preliminary approval and conditionally certified a class consisting of people in the United States who purchased electronic tickets through Regal’s website for film screenings at Regal cinemas located in New York, using guest checkout, from July 31, 2023, through July 15, 2024.

The court held a final approval hearing on March 5, 2025, and considered the settlement agreement, the motion for final approval, the motion for attorneys’ fees, costs, expenses, and a service award, the parties’ submissions, and the arguments presented at the hearing.

Rulings

The court found that the notice provided to settlement-class members complied with Federal Rule of Civil Procedure 23 and due process. It also found that Regal properly and timely notified the appropriate government officials under the Class Action Fairness Act.

The court finally approved the settlement in all respects. It found the settlement fair, reasonable, adequate, and in the best interests of the settlement class. In reaching that conclusion, the court considered the litigation’s complexity, expense, and likely duration; the class’s reaction; the stage of the proceedings and discovery; the risks of proving liability and damages; the risks of maintaining the class through trial; and the reasonableness of the settlement compared with possible recoveries and litigation risks. The court also found that Jones and class counsel adequately represented the settlement class and that the settlement was not collusive.

The court directed the parties to implement the settlement and incorporated the settlement agreement into the final judgment. It dismissed the action on the merits and with prejudice. Upon the settlement’s effective date, Jones and settlement-class members who did not opt out would release claims against Regal and the other released parties relating to the alleged electronic-ticket fees. The judgment made that release binding and barred settlement-class members from bringing or participating in lawsuits based on the released claims.

The court adjudged that $833,333.33 in attorneys’ fees, costs, and expenses was reasonable. It also approved a $5,000 incentive award to Jones for his efforts and commitment as class representative. Payments to class members that were not negotiated within 180 days of issuance would revert to the Legal Aid Society as an approved recipient. Except as otherwise provided in the order or settlement agreement, the parties would bear their own costs and attorneys’ fees.

Other provisions

The parties could agree to certain nonmaterial amendments, modifications, expansions, and extensions concerning the settlement without further court approval, so long as those changes did not limit class members’ rights. If the judgment were reversed or vacated on appeal, or the settlement were terminated under its terms, the orders connected with the settlement would become null and void and the parties would be restored to their prior positions. The order and settlement were not admissions of fault, liability, or wrongdoing by Regal or the released parties, which denied those matters.

The court retained jurisdiction until the settlement’s effective date over matters concerning administration, completion, enforcement, and interpretation of the settlement. The court directed entry of final judgment under Federal Rule of Civil Procedure 58 and again stated that the action was dismissed with prejudice, with each party bearing its own costs except as provided in the order or settlement agreement.