Raus v. Elements Production, LLC

Background

The parties entered into a class-action settlement in or about May 2023. Plaintiffs moved for preliminary approval, and the defendants did not oppose that motion. The court preliminarily approved the settlement, provisionally certified the settlement class, appointed the named plaintiffs as class representatives, approved Class Counsel, appointed CPT Group, Inc. as settlement administrator, and authorized notice to class members.

The settlement class consisted of all persons who purchased tickets to and/or attended the Elements Festival, subject to the exclusions listed in the settlement materials. The parties complied with the notice requirements of the Class Action Fairness Act. The court held a fairness hearing on November 15, 2023. No objections were lodged to the settlement, the service awards, or the attorneys’ fees and expenses.

Court’s Findings

For purposes of the settlement, the court found that the class was sufficiently numerous, had common legal and factual questions, and had claims typical of the class. It also found that the named plaintiffs and class counsel would adequately protect the class, that common questions predominated, and that a class action was superior to other available methods of resolving the dispute.

The court found that the notice program, settlement website, opt-out process, claim-submission procedures, and related notices complied with the preliminary approval order, Federal Rule of Civil Procedure 23, and due-process requirements. It found that the settlement was procedurally fair because it resulted from vigorous, arm’s-length negotiations after experienced counsel investigated and evaluated the claims. It also found the settlement substantively fair, citing the complexity and likely duration of the litigation, the risks of proving liability and damages, the risks of maintaining the class through trial, the lack of objections, and the settlement amount’s reasonableness in light of the possible recovery and litigation risks.

Ruling

Judge Stewart D. Aaron approved the settlement, the releases of the released claims and released third-party claims, and the other settlement terms as fair, just, reasonable, and adequate. The court dismissed the action with prejudice and ordered the settling parties to bear their own attorneys’ fees and costs except as provided in the settlement and judgment.

The court granted Class Counsel’s motion for attorneys’ fees in the amount of $29,999.85. It authorized recovery of $30,268.75 in litigation and settlement-administration costs and service awards of $1,000 to each of the five named plaintiffs from the settlement fund. The remaining settlement fund was to be distributed by CPT Group to timely claimants proportionally based on the amounts they spent on festival admission and parking, as provided in the settlement. The court retained jurisdiction over implementation and enforcement of the settlement and judgment, and requested that the Clerk enter judgment and close the case.