Patterson v. Wildlife Conservation Society

Background

Nicole Patterson brought this class action against the Wildlife Conservation Society concerning alleged collection and retention of processing fees for electronic Bronx Zoo ticket purchases made through bronxzoo.com from August 28, 2022, through January 16, 2024. The parties entered into a class action settlement agreement.

On February 25, 2025, the court preliminarily approved the settlement and conditionally certified a class consisting of individuals in the United States who purchased qualifying electronic tickets and were charged processing fees. The court later considered the settlement, the motion for final approval, the motion for attorneys’ fees and expenses, and the request for a service award at a June 5, 2025 final-approval hearing.

Settlement Approval

The court found that the notice provided by email and through a settlement website complied with Federal Rule of Civil Procedure 23 and due process. Six individuals submitted timely and valid requests to be excluded from the settlement class. The court also found that the defendant properly notified government officials under the Class Action Fairness Act and that the required waiting period had elapsed.

The court gave final approval to the settlement, finding it fair, reasonable, adequate, and in the best interests of the settlement class. In making that finding, the court considered the complexity, expense, and likely duration of the litigation; the class’s reaction; the stage of the case 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 no collusion and determined that Patterson and class counsel adequately represented the class.

Release and Case Disposition

The parties were directed to implement the settlement agreement, which was incorporated into the final judgment. When the judgment became effective, Patterson and class members who did not opt out—including those who did not submit claims—were deemed to have released claims relating to the alleged collection and retention of the ticket processing fees. The release covered claims that were brought or could have been brought in the action. The judgment barred settlement class members from filing or participating in lawsuits based on the released claims.

The court dismissed the action on the merits and with prejudice. It directed entry of final judgment under Federal Rule of Civil Procedure 58 and stated that each party would bear its own costs except as provided in the order or settlement agreement. The clerk was directed to terminate the fee and final-approval motions and close the case.

Fees, Award, and Administration

The court approved $330,000 for attorneys’ fees, costs, and expenses as reasonable under the applicable Second Circuit fee-award factors. It also approved a $5,000 incentive award to Patterson for her efforts and commitment as class representative.

Payments to class members that were not negotiated within 180 days were to be redistributed proportionally among class members who claimed payments. If a second distribution was infeasible, unclaimed funds were to revert to the Legal Aid Society as an approved recipient. The court retained jurisdiction over administration, completion, enforcement, and interpretation of the settlement until its effective date. The judgment and settlement were not admissions of fault, liability, or wrongdoing by the defendant or released parties.