Johnson v. MGM Holdings, Inc., et al.
James Bond Box Set Settlement
Case No. 2:17-cv-00541

Frequently Asked Questions

 

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  • You received a Notice because you have a right to know about a proposed Settlement of a class action lawsuit, and about all of your options, before the Court decides whether to give final approval to this Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

  • In a class action lawsuit, one or more people, called “Class Representatives,” (in this case, Mary L. Johnson) sue on behalf of people who have similar claims. All these people together are a “Class” or “Class Members.” In a settlement of a class action, one court resolves the issues for all Class Members, except for those who choose to exclude themselves from the Class.

  • The lawsuit claims that the Defendants did not properly label and market certain James Bond DVD and Blu-ray box sets. Judge Ricardo S. Martinez, of the United States District Court, Western District of Washington, is overseeing this case. The case is Johnson v. MGM Holdings, Inc. et al. (Case No. 2:17-cv-00541- RSM). The person who sued is called the “Plaintiff.” The “Defendants” are Metro-Goldwyn-Mayer Studios Inc. (“MGM”) and Twentieth Century Fox Home Entertainment LLC (“Fox”).

  • The Court has not determined who is right. Rather, both sides have agreed to settle the lawsuit to avoid the uncertainties and expenses of continuing the lawsuit. By agreeing to settle, both sides avoid the cost and risk of a trial, and the people affected will get a chance to receive benefits. The Class Representative and her attorneys think this Settlement is best for all Class Members. This Settlement does not mean that Defendants did anything wrong.

  • Class members are all persons and entities (and their successors-in-interest, assigns, and heirs) in the United States that purchased prior to January 31, 2018 one or more of the following James Bond DVD or Blu-ray box sets: “Bond 50: Celebrating Five Decades of Bond 007” (SKU numbers M126625, M126627, M129384, M130135, M130146, M132910); “The James Bond Collection” (SKU number M133433); and “The Ultimate James Bond Collection” (SKU numbers M133435, M134821, M134670).

    Excluded from the Settlement Class are: MGM and Fox and any person, trust, firm, corporation or other entity Affiliated with or related to MGM and Fox; and any persons or entities who exclude themselves by submitting a timely Request for Exclusion in accordance with the requirements set forth by the Court.

  • To determine if you are part of this Settlement and your rights under the Settlement, ask yourself this series of questions:

    Question

    Yes

    No

    Did you purchase one or more of the following James Bond DVD or Blu-ray box sets: “Bond 50: Celebrating Five Decades of Bond 007” (SKU numbers M126625, M126627, M129384, M130135, M130146, M132910); “The James Bond Collection” (SKU number M133433); and “The Ultimate James Bond Collection” (SKU numbers M133435, M134821, M134670)?

    Continue You are not a Class Member

    Did you purchase it in the United States?

    Continue You are not a Class Member

    Did you purchase it before January 31, 2018?

    You are a Class Member You are not a Class Member
  • If you are still not sure whether you are included, you can get help by contacting the Settlement Administrator using any of the methods listed on the Contact Us page.

    You are not required to pay anyone to assist you in obtaining information about the Settlement.

  • All Class Members that file a timely, valid claim form will receive one digital copy of the 1967 film entitled Casino Royale and one digital copy of the 1983 film entitled Never Say Never Again.

  • If you want to receive the digital copies of the 1967 film entitled Casino Royale and the 1983 film entitled Never Say Never Again, you must mail or email your completed Claim Form postmarked on or before May 29, 2018, to:

    MGM Fox James Bond Box Set Class Settlement
    c/o JND Class Action Administration
    P.O. Box 91349
    Seattle, WA 98111
    info@bondDVDsettlement.com

    A blank Claim Form is available on the Important Documents page. Claim Forms are only valid if timely submitted with proof of purchase.

  • You may submit a picture of your box set, or, if you no longer have the box set to photograph, enter the approximate date of purchase, the box set purchased, and the retailer you purchased it from in the section of the claim form that asks for a description of your document, and sign the claim form under penalty of perjury.

  • Digital download codes for the films will be provided to eligible Class Members after the Court grants “final approval” of the Settlement and after any appeals are resolved.

    The Court will hold a Fairness Hearing on July 31, 2018 at 10:00 a.m. (Pacific time) to decide whether to approve the Settlement. If you want to attend the hearing, keep in mind that the date and/or time may be changed after the Notice is sent, so you should check this website before making travel plans.

    If the Court approves the Settlement, there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient.

  • If this Settlement receives final approval from the Court, this Settlement will be legally binding on all Class Members, including Class Members who object, unless you exclude yourself from the Settlement. This means you will not be able to sue Defendants for the claims being released in this Settlement. The specific claims that you are giving up against Defendants are described in detail in the Settlement Agreement, which is available on the Important Documents page. You will be “releasing” Defendants and all related entities (the “Released Parties”) as described in the Settlement Agreement.

    If you, or someone acting on your behalf, are currently litigating claims against MGM, Fox or the other Released Parties, you will be barred from pursuing the claims released by this Settlement unless you validly “opt out” as described below. If you are currently litigating claims against MGM, Fox or the other Released Parties, speak to your lawyer in that matter immediately.

    The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to Class Counsel or you can, of course, talk to your own lawyer if you have questions about what this means.

  • To exclude yourself, you must mail a letter that includes:

    • Your full name, current address, telephone number, and signature;
    • A statement that you are a Class Member and that you “request to be excluded from the class settlement in the James Bond Box Set Settlement.”

    You must personally sign your written “opt-out” request and email or mail it postmarked by May 18, 2018 to:

    MGM Fox James Bond Box Set Class Settlement
    c/o JND Class Action Administration
    P.O. Box 91349
    Seattle, WA 98111
    info@bondDVDsettlement.com

  • No. Unless you exclude yourself from the Settlement, you give up any right to sue the Defendants for the claims that are resolved by the Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. Remember, the exclusion deadline is May 18, 2018.

  • No. If you exclude yourself from the Settlement, you will not be able to get any benefits from the settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in the Settlement.

  • The Court has appointed the law firms listed below to represent you and other Class Members in the Settlement. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

    If you want to contact Class Counsel about this Settlement, they can be reached through the Settlement Administrator by calling 1-833-380-5565 or sending an email to info@bondDVDsettlement.com.
     

    Alan J. Statman
    Sylvie Derrien
    STATMAN HARRIS & EYRICH, LLC
    3700 Carew Tower
    441 Vine St
    Cincinnati, OH 45202

    Alexander S. Kleinberg
    EISENHOWER CARLSON PLLC
    1201 Pacific Ave
    1200 Wells Fargo Plaza
    Tacoma, WA 98402

  • Class Counsel will ask the Court for an award of attorneys’ fees and expenses in the Settlement (the “Fee and Expense Award”), which will be paid by Defendants:

    Attorneys’ Fees and Expenses

    Class Counsel will ask the Court to approve payment to them of $350,000.00, which will be paid by Defendants.

    Incentive Awards to the Class Representative

    Class Counsel will ask the Court to approve a $5,000.00 payment (called an “Incentive Award”) to Plaintiff Mary L. Johnson. Any Incentive Award ordered by the Court will be in addition to what that Class Representative is eligible to receive from her claim.

  • If you do not exclude yourself, you may object to the Settlement. To object, you must mail or email your objection to the Settlement Administrator. To be timely, your objection must be mailed or emailed to the Settlement Administrator so that it is postmarked or received by July 17, 2018 at the following addresses:

    MGM Fox James Bond Box Set Class Settlement
    c/o JND Class Action Administration
    P.O. Box 91349
    Seattle, WA 98111
    info@bondDVDsettlement.com

    You must include the following information:

    • Your full name, current address, telephone number, and signature.
    • The settlement to which you are objecting:
      • “James Bond Box Set Settlement.”
    • Your objections and the specific reasons why you object.
    • State whether you intend to appear at the Fairness Hearing, either in person or through counsel.
    • If you are represented by separate counsel, the name, address, bar number, and telephone number of all attorneys who will represent you.
    • A list of any other objections submitted by you, or your separate counsel, to any class action settlements submitted in any court in the United States, whether state, federal or otherwise, in the previous five years. If you or your separate counsel has not objected to any other class action settlement in any court in the United States in the previous five years, you or your counsel shall affirmatively so state in the written objection.

    Please note that any objections must be submitted by an individual Class Member, his or her legally authorized representative, or his or her attorney—not as a member of a group, class, or subclass.

  • Objecting is simply telling the Court that you do not like something about the Settlement. You can object to a settlement only if you stay in that settlement. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object, because the case no longer affects you. If you object, and the Court approves the Settlement anyway, you will still be legally bound by the result.

  • The Court will hold a “Fairness Hearing” (also known as a “Final Approval Hearing”) to decide whether to finally approve the proposed Settlement. The Fairness Hearing will be on July 31, 2018 at 10:00 a.m. (Pacific time) before Judge Ricardo S. Martinez at Courtroom 13206 of the United Stated District Court for the Western District of Washington, 700 Stewart Street (13th Floor), Seattle, Washington. If you want to attend the Fairness Hearing, keep in mind that the date and/or time may be changed after the Notice is sent, so you should check this website before making travel plans.

    At the Fairness Hearing, the Court will consider whether the proposed Settlement and all of its terms are adequate, fair, and reasonable. If there are objections, the Court will consider them. The Court may listen to people who have asked for permission to speak at the Hearing and have complied with the other requirements for objections explained in Question 17. The Court may also decide how much to award Class Counsel for fees and expenses, and whether and how much to award the Class Representative for representing the Class (the Incentive Award).

    There is no set timeline for either the Court’s final approval decision, or for any appeals that may be brought from that decision, so it is impossible to know exactly when the settlement will become final.

    The Court may change deadlines listed in the Notice without further notice to the Class. To keep up on any changes in the deadlines, please contact the Settlement Administrator or review the website.

  • No. Class Counsel will answer any questions asked by the Court. If you send an objection, you do not have to come to Court to talk about it. So long as you mailed or emailed your written objection on time and complied with the other requirements for a proper objection, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

  • Yes. If you submitted a proper written objection to the Settlement, you or your lawyer may, at your own expense, come to the Fairness Hearing and speak. To do so, you must follow the procedures set out in Question 17. You must also file a Notice of Intention to Appear, which must be mailed to the Settlement Administrator so that it is postmarked no later than July 17, 2018 and it must be filed with the Clerk of the Court by that same date. If you intend to have a lawyer appear on your behalf, your lawyer must enter a written notice of appearance of counsel with the Clerk of the Court no later than July 17, 2018. See Question 15 for the addresses of the Settlement Administrator. You cannot speak at the Fairness Hearing if you excluded yourself.

  • For the precise terms and conditions of the Settlement, please see the Settlement Agreement, available on the Important Documents page.

    YOU MAY OBTAIN ADDITIONAL INFORMATION BY

    CALLING

    • Call the Settlement Administrator toll-free at 1-833-380-5565 to ask questions and receive copies of documents.

    E-MAILING

    • Email the Settlement Administrator at info@bondDVDsettlement.com.

    WRITING

    • Send your questions by mail to:

    MGM Fox James Bond Box Set Class Settlement
    c/o JND Class Action Administration
    P.O. Box 91349
    Seattle, WA 98111

    • or by email to: info@bondDVDsettlement.com.

    VISITING THIS WEBSITE

    • Where you will find answers to common questions about the Settlement, a Claim Form, plus other information to help you.

    REVIEWING LEGAL DOCUMENTS

    • You can review the legal documents that have been filed with the Clerk of Court in this case at the United States District Court for the Western District of Washington, 700 Stewart St., Seattle, WA 98101.


    PLEASE DO NOT CALL THE JUDGE OR THE COURT CLERK TO ASK QUESTIONS ABOUT THE LAWSUIT, THE SETTLEMENT, OR THE NOTICE.

    THE COURT WILL NOT RESPOND TO LETTERS OR TELEPHONE CALLS. IF YOU WISH TO ADDRESS THE COURT, YOU MUST FILE AN APPROPRIATE PLEADING OR MOTION WITH THE CLERK OF THE COURT IN ACCORDANCE WITH THE COURT’S USUAL PROCEDURES.

For More Information

Visit this website often to get the most up-to-date information.

Mail

MGM Fox James Bond Box Set Class Settlement
c/o JND Class Action Administration
P.O. Box 91349
Seattle, WA 98111