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If you purchased Yankee Stadium Seat Pairs during the Class Period, you are a Settlement Class Member. In order to share in the proceeds of the Settlement, you must provide the following identifying information:
Mailing Address 1
Mailing Address 2
I made the following purchase of Yankee Stadium Seat Pairs during the period from May 1,2009, through and including August 15,2009:
Cost of Purchase
Last Four Digits of Credit Card Used
] I purchased a Specific Seat Pair
1 I purchased a Non-Specific Seat Pair
Date of Purchase
Note: If you made additional purchases of Yankee Stadium Seat Pairs, indicate using additional copies of the above form. You must also provide documentary evidence reflecting your purchase and include along with this form a copy of the certificate of authenticity that accompanied your purchase. If you are submitting the above form in order to get a coupon and you are not planning to return your Yankee Stadium Seat Pair for a full refund, you must have this form notarized below.
UNDER THE PENALTIES OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA, I CERTIFY THAT ALL OF THE INFORMA nON PROVIDED ON THIS FORM IS TRUE, CORRECT AND COMPLETE*
(Sworn to this __ day of , 2010
*For those not returning Yankee Stadium Seat Pairs ONLY
(Signature of Claimant)
THIS PROOF OF CLAIM MUST BE SUBMITTED NO LATER THAN DECEMBER 21, 2010 AND MUST BE MAILED TO:
Shalov Stone Bonner & Rocco LLP Stadium Memorabilia, LLC Litigation 485 Seventh Avenue, Suite 1000
N ew York, NY 10018
A Proof of Claim received by the Plaintiffs Counsel shall be deemed to have been submitted when mailed if: (i) it is mailed by December 21, 20 I 0; (ii) a postmark is indicated on the envelope; (iii) it is mailed first-class postage prepaid; and (iv) it is addressed in accordance with the above instructions. In all other cases, a Proof of Claim shall be deemed to have been submitted when actually received by the Plaintiffs Counsel.
If you wish to be assured that your Proof of Claim is actually received by the Plaintiffs Counsel, then you should send it by Certified Mail, Return Receipt Requested. No acknowledgment will be made as to the receipt of Proof of Claim forms. You should be aware that it will take a significant amount of time to process fully all of the Proofs of Claim and to administer the Settlement. This work will be completed as promptly as time permits, given the need to investigate and tabulate each Proof of Claim.
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY
JOHN J. LEFKUS III, on behalf of himself and all others similarly situated,
STADIUM MEMORABILIA LLC, STEINER SPORTS MEMORABILIA, INC., and STEINER SPORTS MARKETING, INC.,
) ) ) ) ) ) ) ) ) ) ) ) ) )
Index No.: 600722/2010
NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION
TO: ALL PERSONS AND ENTITIES WHO PURCHASED YANKEE STADIUM SEAT PAIRS FROM STADIUM MEMORABILIA, LLC, STEINER SPORTS MEMORABILIA, INC., AND/OR STEINER SPORTS MARKETING, INC. ("STEINER") OR ANY RELATED PERSONS OR ENTITIES DURING THE PERIOD FROM MAY 1, 2009 THROUGH AND INCLUDING AUGUST 15, 2009 (THE "SETTLEMENT CLASS").
PLEASE READ THIS NOTICE (THE "NOTICE") CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. PLEASE NOTE THAT, IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOU MAY BE ENTITLED TO SHARE IN THE PROCEEDS OF THE SETTLEMENT DESCRIBED IN THIS NOTICE (THE "SETTLEMENT"). TO CLAIM YOUR SHARE OF THE SETTLEMENT PROCEEDS, YOU MUST SUBMIT A VALID PROOF OF CLAIM FORM .("PROOF OF CLAIM"), POSTMARKED ON OR BEFORE DECEMBER 21,2010.
I. SUMMARY OF THE SETTLEMENT
This Notice is given pursuant to Article 9 of the New York Civil Practice Law & Rules
("CPLR") and Orders of the Supreme Court of the State New York, New York County (the
"Court"). The purpose of this Notice is to inform you of: the settlement of the class action
currently pending in the Court (the "Class Action") pursuant to a Stipulation of Settlement, dated May 28, 2010 (the "Stipulation"), concerning the settlement of a litigation brought against Steiner (the "Litigation"); the hearing (the "Settlement Hearing") to be held by the Court to consider the fairness, reasonableness and adequacy of the Settlement and the application of plaintiffs counsel in the Class Action (the "Plaintiffs Counsel") for an award of attorneys' fees and expenses; and the rights that you have in connection with the Settlement. While this summary provides you with valuable information concerning the Settlement, you should read the entire Notice.
The settlement of the Class Action contemplated by the Settlement will result in the settlement of the claims asserted on behalf of all members of the Settlement Class ("Settlement Class Members") against Steiner (as defined below). The Settlement Class has been certified solely for the purpose of this proposed settlement pursuant to a Preliminary Approval Order entered by the Court on July 1,2010.
This Notice is not an expression of any opinion by the Court about the merits of any of the claims or defenses asserted by the Plaintiff or Defendants in the Class Action (collectively, the "Settling Parties") or the fairness or adequacy of the Settlement. For a more detailed description of the claims at issue in the Class Action, please see Section II of this Notice.
II. THE CLASS ACTION
On October 20, 2009, Plaintiff John J. Lefkus, III filed a complaint in the United States District Court for the Southern District of New York (the "Federal Court"). On February 17, 2010, the federal case was voluntarily dismissed based on certain jurisdictional considerations. Subsequently, on March 22, 2010, the Plaintiff filed a virtually identical complaint in the Supreme Court for the State of New York, New York County, as a consumer class action on
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behalf of purchasers of Yankee Stadium Seat Pairs during the period commencing on May 1, 2009, through and including August 15, 2009. The Class Action alleges that the Defendants made misleading statements concerning the nature of Yankee Stadium Seat Pairs, particularly with regard to their authenticity and that the Defendants did not adequately or fully disclose that the Yankee Stadium Seat Pairs had been subject to disassembly, reassembled with new hardware and that the arm rests on such seats had been stripped and repainted.
Defendants have denied and continue to deny each and all of the claims and contentions alleged by the Plaintiff in the Class Action.
Your Rights, The Relief Provided To You, And Reasons For This Settlement
If you are a member of the class in this Class Action, you have three options. This settlement allows class members to return their Yankee Stadium Seat Pairs for a full refund. Those choosing not to do so may submit claim forms entitling class members to $65.00 or $95.00 -coupons (amount dependant on whether you purchased Specific or Non-Specific Seat Pairs) toward future purchases of items from Steiner, valid for one year following the Effective Date. Therefore, you can:
(i) Do nothing, in which case you may still take advantage of the unconditional right to return your Seat Pair for a full refund (including reimbursement for all taxes, shipping and handling charges) for 90 days after the Judgment becomes Final. Steiner retains the right to refuse to provide a refund in the event the returned Yankee Stadium Seat Pair reflects damage beyond normal wear and tear, or a condition that pre-existed the sale to the customer, so long as the condition of such Yankee Stadium Seat Pair does not conform to a standard of reasonable resellability. In the event of any disputes in this regard, a customer's documented
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complaint to Steiner within 30 days of receipt of his, her or its Yankee Stadium Seat Pair shall serve as conclusive evidence that such condition pre-existed the sale to the customer;
(ii) Submit a valid Proof of Claim, if you choose not to take advantage of the unconditional right to return for a full refund. If you submit a Proof of Claim, you will be entitled a coupon toward the purchase of any goods sold by Steiner. The value of the coupon will be $65.00, if you purchased a Non-specific Seat Pair, or $95.00, if you purchased a Specific Seat Pair. Coupons will be valid for one (1) year following the Effective Date, at which time they will expire.
(iii) Opt-out of the Class Action, in which case you will not be entitled to any of the relief afforded by the Settlement.
In addition to this relief, Steiner has agreed to change its future advertising of Yankee Stadium Seat Pairs and to notify resellers of its advertising changes.
Purchasers during the Class Period of Yankee Stadium Seat Pairs are members of the Settlement Class unless they are members of the excluded groups specified below: (i) Defendants; (ii) members of the immediate family of Defendants; (iii) any subsidiary or corporate affiliate of Defendants; (iv) any entity in which any excluded person has a controlling interest; and (v) the legal representatives, heirs, successors, and assigns of any excluded person. Also excluded from the Settlement Class are those Persons who (although otherwise entitled to be in the Settlement Class) submit a timely and valid request for exclusion from the Settlement Class pursuant to this Notice.
The Plaintiff and Plaintiffs Counsel believe that the Settlement is in the best interests of all Settlement Class Members. The Plaintiffs Counsel considered numerous factors in assessing
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the merits of the Settlement, although none of those factors, standing alone, was determinative. Because of the risks associated with continuing to litigate and proceeding to trial, there was a danger that the Settlement Class Members would not have prevailed on any of their claims against Defendants, in which case Settlement Class Members would have received no compensation from Defendants. The Settlement Class had not yet been certified at the time the Settlement was reached. Defendants would undoubtedly have opposed the certification of the Settlement Class had the Settlement not been reached, and would likely have appealed the certification of the Settlement Class had such a decision been reached by the Court. Had the Settlement Class not been certified, or had the Settlement Class been decertified on appeal, the members of the Settlement Class would have received no compensation from Defendants. Finally, the relief offered by the Settlement is substantial and may exceed what the Settlement Class would be entitled to receive even if successful at trial.
To date, the Plaintiff's Counsel have not received any attorneys' fees for conducting the Class Action on behalf of Settlement Class Members. The Plaintiff's Counsel have also not yet been reimbursed for the out-of-pocket expenditures that they have made on behalf of the Settlement Class during the course of the Class Action. If the Settlement is approved by the Court, the Plaintiff's Counsel will apply to the Court for attorneys' fees of no greater than $60,000.00. Under no circumstances will you or any other Settlement Class Member be personally liable for any attorneys' fees or expenses awarded to the Plaintiff's Counsel.
For further information regarding the Settlement, you may contact the Plaintiff's Counsel: Ralph M. Stone, Shalov Stone Bonner & Rocco LLP, 485 Seventh Avenue, Suite 1000, New York, New York 10018, (212) 239-4340.
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III. NOTICE OF SETTLEMENT HEARING
The Settlement Hearing will be held on September 22,2010, at 2:15 in the afternoon, before the Honorable Barbara R. Kapnick, New York Supreme Court Judge, at the New York State Courthouse, Room 208,60 Centre Street, New York, New York 10007. The purpose of the Settlement Hearing is to determine: (i) whether the Settlement, as described herein, should be approved as fair, reasonable, adequate and in the best interests of the Settlement Class; (ii) whether the Final Judgment Order approving the Settlement should be entered dismissing the Class Action on the merits and with prejudice; (iii) whether the release by the Plaintiff and the members of the Settlement Class who do not request exclusion therefrom ("Settling Class Members") of the Released Parties (as defined below) should be approved by the Court; and (iv) whether the application of the Plaintiffs Counsel for an award of attorneys' fees, costs, and expenses should be approved. The Court may adjourn or continue the Settlement Hearing without further notice to the Settlement Class.
IV. CERTAIN DEFINITIONS
Many of the defined terms utilized in this Notice are set forth in quotation marks andlor parentheses in the body of this Notice. The following defined terms are also utilized in this Notice:
"Class Period" means the period commencing on May 1, 2009, through and including August 15,2009.
The "Effective Date" means the date on which the Settlement contemplated by the Stipulation shall become "Effective," and shall be the date when all the following shall have occurred:
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(i) entry of the Preliminary Approval Order in all material respects in the form attached to the Stipulation;
(ii) approval by the Court of the Settlement, following notice to the Settlement Class and a hearing, as prescribed by Article 9 of the CPLR; and
(iii) the Final Judgment Order, in all material respects in the form attached to the Stipulation, has been entered by the Court and has become Final, or, in the event that the Court enters an order and final judgment in form other than that provided above ("Alternative Judgment") and none of the signatories hereto elect to terminate this Settlement, the date that such Alternative Judgment becomes Final.
"Released Claims" means any and all claims (including "Unknown Claims" as defined in ~ 1.25 of the Stipulation), demands, rights, liabilities, and causes of action of every nature and description whatsoever, whether based in law or equity, on federal, state, local, statutory or common law, or any other law, rule or regulation, known or unknown, that were asserted by or that could have been asserted by the Releasing Parties against the Released Parties in the Litigation or in any other forum or proceeding, including, without limitation, claims for fraud, negligence, gross negligence, negligent misrepresentation, violations of any state or federal statutes or regulations, or breach of contract, arising out of, relating to, or in connection with (i) the purchase or acquisition by any means, directly or indirectly by a Settlement Class Member, during the Class Period of Yankee Stadium Seat Pairs; (ii) the commencement or prosecution of the Litigation; or (iii) any of the conduct, acts, omissions, representations, statements, facts, events, transactions, occurrences, or other matters that were alleged, asserted, or contended, or that could have been alleged, asserted, or contended, by the Plaintiff or any Settlement Class
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Member against the Released Parties based on or related to the wrongful conduct alleged in the
Litigation, including, without limitation, any claims based on, arising from, or in any way
relating to any statements or omissions made by or attributable to any of the Defendants or
Released Parties, or any officers, directors, employees, or agents of Steiner or Defendants
concerning or relating in any way to the sale of Yankee Stadium Seat Pairs. Released Claims
does not include any claims for personal injuries.
"Released Parties" means any and all of Stadium Memorabilia, LLC, Steiner Sports
Memorabilia, Inc., Steiner Sports Marketing, Inc., any of their current or former respective
agents, servants, attorneys, auditors, investment advisors, underwriters, officers, directors and
employees, partners, subsidiaries, affiliates, msurers, stockholders, heirs, executors,
representatives, parents, predecessors, successors, assigns, trusts, benefits committees, or other
individual or entity in which Steiner has a controlling interest or which is related or affiliated
with Steiner; as well as Plaintiffs and Defendants' Counsel.
V. THE PROOF OF CLAIM
IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENT IN
CONNECTION WITH THE SETTLEMENT, YOU MUST COMPLETE AND RETURN
THE ENCLOSED PROOF OF CLAIM FORM. THE PROOF OF CLAIM MUST BE: (I)
SENT BY PRE-PAID FIRST-CLASS MAIL; (II) POSTMARKED ON OR BEFORE
DECEMBER 21, 2010; AND (III) ADDRESSED AS FOLLOWS:
Shalov Stone Bonner & Rocco LLP Stadium Memorabilia, LLC Litigation 485 Seventh Avenue, Suite 1000 New York, NY 10018
IF YOU DO NOT COMPLETE AND RETURN A PROPER PROOF OF CLAIM, YOU
WILL NOT BE ENTITLED TO ANY SHARE OF THE SETTLEMENT PROCEEDS.
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IF YOU ARE A SETTLEMENT CLASS MEMBER AND DO NOT PRO PERL Y EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS, THE COURT APPROVES THE SETTLEMENT AND THAT SETTLEMENT BECOMES FINAL, YOU WILL BE BOUND BY THE FINAL JUDGMENT, WHICH DISMISSES THE CLASS ACTION AGAINST STEINER AND RELEASES THE RELEASED CLAIMS AGAINST THE RELEASED PARTIES, EVEN IF YOU DO NOT FILE A PROOF OF CLAIM. IF YOU EXCLUDE YOURSELF, YOU WILL NOT BE BOUND BY THE FINAL JUDGMENTS, BUT YOU WILL NOT BE ENTITLED TO ANY SHARE OF THE SETTLEMENT PROCEEDS.
Each member of the Settlement Class who submits a Proof of Claim shall be deemed to have submitted to the jurisdiction of the Supreme Court of the State of New York, New York County with respect to his, her or its claim.
VI. EXCLUSION FROM THE CLASS
Each Member of the Settlement Class shall be bound by all determinations and judgments in the Class Action concerning the Settlement, whether favorable or unfavorable, unless such person shall mail, by first class mail, a written request for exclusion from the Settlement Class, postmarked no later than September 8, 2010, addressed to Shalov Stone Bonner & Rocco LLP, Stadium Memorabilia, LLC Litigation, 485 Seventh Avenue, Suite 1000, New York, NY 10018. No person may exclude himself, herself or itself from the Settlement Class after that date. In order to be valid, each such request for exclusion must set forth the name and address of the person or entity requesting exclusion, must state that such person or entity "requests exclusion from the Class in Stadium Memorabilia, LLC Litigation, Index No. 600722/2010" and must be signed by such person or entity, and should also provide the following information: their telephone number; and the date(s), price(s), and number(s) of
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Yankee Stadium Seat Pairs bought during the Class Period. The request for exclusion shall not
be effective unless the request for exclusion provides the required information and is made
within the time stated above, or the exclusion is otherwise accepted by the Court.
VII. APPLICATION FOR ATTORNEYS' FEES AND EXPENSES
The Plaintiffs Counsel will apply to the Court at the Settlement Hearing for an award of
attorneys' fees representing no more than $60,000.00.
VIII. RIGHT TO BE HEARD AT THE SETTLEMENT HEARING
Any member of the Settlement Class who has not validly and timely requested to be
excluded from the Settlement Class, and who objects to any aspect of the Settlement, the
adequacy of the representation by the Plaintiffs Counselor the application of the Plaintiffs
Counsel for attorneys' fees, costs and expenses, may appear and be heard at the Settlement
Hearing. Any such Person must submit a written notice of objection (a "Notice of Objection") to
each of the following Persons so that it is received on or before September 8, 2010:
Clerk of the Court
Supreme Court of the State of New York, New York County 60 Centre Street
New York, New York 10007
Ralph M. Stone, Esq. Richard A. Roth, Esq.
Shalov Stone Bonner & Rocco LLP The Roth Law Firm PLLC
485 Seventh Avenue, Suite 1000 New York, NY 10018
295 Madison Avenue, 22nd Floor New York, New York 10017
Plaintiff s Counsel
Counsel for Defendants
The Notice of Objection must: (i) clearly indicate the name of the Class Action and the Index
Number listed on the first page of this Notice; and (ii) contain a statement of the reasons for the
objection. The Notice of Objection must demonstrate the objecting Person's membership in the
Settlement Class by setting forth the date, the number of Yankee Stadium Seat Pairs purchased,
and price paid for each such purchase. Only members of the Settlement Class who have
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submitted written Notices of Objection in this manner will be entitled to be heard at the Settlement Hearing, unless the Court orders otherwise.
If you wish to submit a Notice of Objection, you need not attend the Settlement Hearing.
If, however, you or your representative intends to speak at the Settlement Hearing, you must disclose that intention in your Notice of Objection. Your Notice of Objection must also identify any witnesses that you intend to call at the Settlement Hearing and any exhibits that you intend to introduce into evidence or otherwise rely upon at the Settlement Hearing.
Settlement Class Members do not need to appear at the Settlement Hearing or take any other action to indicate their approval of the Settlement.
IX. ADDITIONAL INFORMATION
This Notice is a summary and does not describe all of the terms of the Settlement. For further information regarding the Settlement and the Class Action, you may review the Stipulation and other papers on file with the Court, including the Complaint. All of the papers filed in the Class Action are available for inspection and copying during regular office hours at the offices of the Clerk of the Court, Supreme Court of the State of New York, New York County, 60 Centre Street, New York, New York 10007.
PLEASE DO NOT CALL THE CLERK OR THE COURT WITH QUESTIONS CONCERNING THIS NOTICE.
If you have questions regarding the Settlement or the Class Action, you may also contact the Plaintiffs Counsel at the following address and telephone number: Ralph M. Stone, Shalov Stone & Bonner LLP, 485 Seventh Avenue, Suite 1000, New York, New York 10018, (212) 239-4340.
By Order Of The Supreme Court of the State of New York For New York County
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