Puller v. Legends OWO, LLC

Background

Daniel Puller brought this class action against Legends OWO, LLC. The proposed settlement covered individuals in the United States who purchased tickets and paid a processing fee to enter the defendant’s place of entertainment through the defendant’s website from August 29, 2022, through the date of preliminary approval. On November 6, 2024, the court conditionally certified that class under Federal Rule of Civil Procedure 23(b)(3) and preliminarily approved the settlement.

The court considered the parties’ settlement agreement, the motion for final approval, the motion for attorneys’ fees, costs, expenses, and a service award, the parties’ submissions, the record, and arguments made at the March 7, 2025 final-approval hearing.

Final Approval

The court found that the notice provided to the settlement class complied with Rule 23 and due process. The notice informed class members about the case, their rights to object or exclude themselves, and their right to appear at the final-approval hearing. The court also found that Legends OWO properly notified government officials under the Class Action Fairness Act.

Two individuals submitted timely and valid requests for exclusion and were excluded from the settlement class. The court found the settlement fair, reasonable, adequate, and in the class’s best interests. In reaching that conclusion, it considered the disputed facts and law, asserted defenses, litigation risks, the complexity and likely expense of continued litigation, the stage of the case, discovery, the class’s reaction, and the settlement’s value compared with possible recovery. The court also found that the settlement resulted from arm’s-length negotiations and that there was no collusion.

The court found that Puller and class counsel adequately represented the settlement class. It finally approved the settlement in all respects and directed the parties to implement it according to its terms.

Judgment and Release

The court dismissed the action on the merits and with prejudice. Under the judgment, Puller and class members who did not opt out were deemed to release the defendant and the defined released parties from claims based on or relating to the alleged collection and retention of fees connected with electronic ticket sales during the covered period. The judgment states that the release applies to claims that were brought or could have been brought in the action.

The release and settlement have preclusive effect on covered pending and future lawsuits or proceedings. The judgment permanently bars and enjoins non-excluded settlement class members from bringing, prosecuting, intervening in, or participating in actions based on or arising from the released claims.

Fees, Award, and Administration

The court approved $325,000 for attorneys’ fees, costs, and expenses as reasonable under the applicable Second Circuit fee-award factors. It also approved a $5,000 incentive award for Puller as the class representative, finding the award fair, reasonable, and justified.

Settlement payments not negotiated within 180 days are to be redistributed proportionally among class members who claimed payments. If a second distribution is infeasible, unclaimed funds are to revert to the Legal Aid Society as an approved recipient. Except as provided in the judgment or settlement agreement, the parties are to bear their own costs and attorneys’ fees.

The court retained jurisdiction until the settlement’s effective date over matters concerning administration, completion, enforcement, and interpretation of the settlement. The judgment states that it would become null and void if reversed or vacated on appeal or if the settlement were terminated under its terms. It also states that the settlement and judgment do not admit fault, liability, or wrongdoing by Legends OWO or the released parties.

Disposition

The court directed entry of final judgment under Federal Rule of Civil Procedure 58 and dismissed the action with prejudice, with each party bearing its own costs except as otherwise provided in the judgment or settlement agreement.