Raus et al. v. Elements Production, LLC et al.

The deadline to submit a Claim or Objection has expired on October 13, 2023.


FREQUENTLY ASKED QUESTIONS





Frequently Asked Questions

A Federal Court authorized a Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who is eligible to receive them.



Judge Stewart D. Aaron of the United States District Court for the Southern District of New York is overseeing this class action settlement. The case is known as Raus, et al., v. Elements Production, LLC et al., Case No. 1:21-cv-10431-VSB (S.D.NY.)



In 2021, Defendants organized a music festival titled “Elements Festival 2021”. The allegations in the case concern potential failures by the festival organizers to provide the benefits of the bargain, including but not limited to a failure by the organizers to adapt to and/or notify ticket purchasers about Hurricane Ida’s effect on the festival grounds, extensive wait times and walking distances (through mud) to the festival grounds as compared to those advertised, multiple musical acts that were advertised cancelling their performances due to the state of the festival’s facilities, lack of sanitary restroom and shower facilities, no lake activities as advertised due to a sanitation problem at the nearby lake in Lakewood, Pennsylvania, and others.



The Action was filed after the festival took place. In the Action, Plaintiffs allege negligence, gross negligence, fraud, negligent misrepresentation, breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and violation of N.Y. Gen. Bus. Law § 349. Defendants deny Plaintiffs’ claims and denies liability. The Parties now agree to settle the Action in its entirety, without any admission of liability by Defendants. The Parties intend this Settlement Agreement to bind Settlement Class Representatives, Defendants, and all Settlement Class Members who do not timely and properly exclude themselves from the settlement.



In a class action, one or more people called Plaintiffs or Class Representatives (in this case, David Raus, Yessica Navarro, Katherine Binder, Rachel Lewis, and Moya Ferenchak) sue on behalf of other people who have similar claims. The people included in the class action are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Class Members, except for those who timely exclude themselves from the Settlement Class.



The Court did not decide in favor of Plaintiffs or Defendants, and there is no admission of fault or liability. Instead, both sides agreed to this Settlement, in order to avoid the cost and burden of further litigation and so the Class Members can receive benefits. The Class Representatives and their attorneys believe the Settlement is a fair and reasonable resolution of the claims asserted in this lawsuit.



You are part of the Settlement Class if you purchased tickets for and attended Elements Festival 2021.



Excluded from the Settlement Class are persons who purchased tickets for purposes of resale, any entity in which Defendants have a controlling interest, is a parent or subsidiary, or who is controlled by Defendants, as well as the officers, directors, affiliates, legal representatives, heirs, predecessors, and assigns of Defendants. Also excluded are the judges and Court personnel in this case or their immediate families.



The Settlement Administrator has created this website – containing details of settlement administration, including contact information for purposes of answering questions from claimants regarding the settlement, as well as the manner in which to submit claim forms.



If you are not sure whether you are included in the Settlement Class, you can call toll-free 1-888-268-2094, or send an email to the Settlement Administrator at ElementsProductionSettlement@cptgroup.com.



The Stipulation of Class Action Settlement provides for (1) a cash payment and (2) a 20% discount to members of the class for an event occurring within one year of court approval of the settlement (with the exception of those class members that have already received refunds corresponding to Elements Festival 2021).



a. Payment



All Settlement Class Members who submit a valid, complete, and timely Claim using the Claim Form will receive a proportional share of the Benefit Amount (the remainder of a settlement fund of $119,000.00, after settlement administration costs, attorney’s fees, and a service award of $5,000 to class representatives are deducted).



b. Discount for Future Event Within One Year of Settlement



All Settlement Class Members who submit a valid, complete, and timely Claim using the Claim Form, with the exception of those who have already received a refund corresponding to Elements Festival 2021 prior to this settlement, will receive a 20% discount off any event organized by Defendants within one year of final approval of this settlement.



For the avoidance of doubt, the Released Claims include any and all causes of action, claims, rights, damages, punitive, or statutory damages, penalties, liabilities, expenses and losses, and issues, that any of the Plaintiffs have or could have made against the Defendants or Backbone in the Class Action, under any claims under federal, state, or local law, rule, or regulation, including, but not limited to, claims for negligence, gross negligence, fraud, negligent misrepresentation, breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, and violation of the New York General Business Law Section 349, et seq.



As of the Effective Date, the Releasing Parties will be deemed to have completely released and forever discharged the Released Parties and Class Counsel from and for any and all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, losses, expenses, obligations, or demands, of any kind whatsoever, whether known or unknown, existing or potential, or suspected or unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any known or unknown claims, which they have or may claim now or in the future to have, relating to the institution, prosecution, or settlement of the Actions.



The Settlement Agreement, available here contains additional information about Released Claims.



Settlement Class Members have the right to request exclusion from (i.e., opt out of) the Settlement Class by sending a written request for exclusion to the Settlement Administrator postmarked by October 5, 2023. Requests for Exclusion must be mailed to:



Raus et al. v. Elements Production, LLC et al. Settlement Administrator
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606

Requests for Exclusion must: (a) Include the individual’s name and address; (b) Contain a statement that he/she wants to be excluded from this Action; and (c) Must be signed personally by the Settlement Class Member who is requesting exclusion.



No request for Exclusion will be valid unless it complies with these requirements. If a timely and valid request for exclusion is made by a Settlement Class Member, then that person will no longer be a member of the Settlement Class and shall not be affected by or bound by the Settlement, and shall receive no benefits from the Settlement.



Settlement Class Members have the right to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees, Costs, and Expenses.



Any written objection to the Settlement must: (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk for United States District Court for the Southern District of New York, or by filing the written objection in person at any location of the United States District Court for the Southern District of New York; (ii) be filed or postmarked on or before October 13, 2023; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than October 13, 2023.



For an objection to be considered by the Court, the objection must also set forth:



(a) The case name and number of the Action;



(b) The objector’s full name, address, email address, and telephone number;



(c) An explanation of the basis upon which the objector claims to be a Settlement Class Member;



(d) All grounds for the objection, accompanied by any legal support for the objection;



(e) The identity of all counsel who represent the objector; including any former or



(f) The identity of all counsel representing the objector who will appear at the Fairness Hearing;



(g) Any and all agreements that relate to the objection or the process of objecting, whether written or verbal, between objector and objector’s counsel and any other person or entity;



(h) A list of any persons who will be called to testify at the Fairness Hearing in support of the objection;



(i) A statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and



(j) The objector’s signature on the written objection (an attorney’s signature is not sufficient).



COURT
Clerk
Ruby J. Krajick
United States Courthouse
500 Pearl St., New York NY, 10007

CLASS COUNSEL
Michael Louis Kelly
Connor M. Karen
Kirtland & Packard LLP
1638 South Pacific Coast Highway
Redondo Beach, CA 90277
310-536-1035
Email: mlk@kirtlandpackard.com
Email: cmk@kirtlandpackard.com

Tina Glandian
Geragos & Geragos, APC
644 South Figueroa St.
Los Angeles, CA 90017
818-395-7975
Email: tina@geragos.com

DEFENDANTS’ COUNSEL
Counsel for Elements Production, LLC,
Tested Contained Retreats, LLC and BangOn, LLC
Andrew Margulis
Ropers Majeski PC
750 Third Avenue, 25th Floor
New York, NY 10017
212-668-5927
Email: Andrew.margulis@ropers.com

Counsel for Backbone, N.A.
Kevin F. Murphy
Wuersch & Gering LLP
100 Wall Street
10th Floor
New York, NY 10005 212-509-6311
Email: kevin.murphy@wg-law.com

The Court has appointed the following lawyers to represent you and the other Settlement Class Members:



Michael Louis Kelly
Connor M. Karen
Kirtland & Packard LLP
1638 South Pacific Coast Highway
Redondo Beach, CA 90277
310-536-1035
Email: mlk@kirtlandpackard.com
Email: cmk@kirtlandpackard.com

Tina Glandian
Geragos & Geragos, APC
644 South Figueroa St.
Los Angeles, CA 90017
818-395-7975
Email: tina@geragos.com

You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.



Class Counsel (set forth in FAQ10) will seek an award of no more than 25% of the settlement payment - $49,999.75 – in attorneys’ fees, costs, and expenses. Class Counsel will also request the Court to award $5000 in a service award – $1,000 to each of the five Settlement Class Representatives – as compensation for their efforts in the litigation and commitment on behalf of the Settlement Class. If approved, these amounts will also be separate and apart from any funds available for payment to Settlement Class Members. These fees and service awards must be approved by the Court.



The Court will hold a hearing on November 15, 2023, at 11:00 a.m. in Courtroom 11C, United States Courthouse, 500 Pearl Street, New York, NY 10007 to consider whether to approve the Settlement, a request for attorneys’ fees and costs up to 25% of the Settlement Payment to be paid from the Settlement Payment, and a service award to the five Class Representatives of a $5,000 payment ($1,000 each) to be paid from the Settlement Payment. At the scheduled time, parties participating remotely shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. However, the Court will also open Courtroom 11C, where a court reporter will be presented, to accommodate any class members, objectors, or members of the public who prefer to attend the hearing in person.



The complete details are provided in the Settlement Agreement, which is available here. You may can also call toll-free 1-888-268-2094 or write to the Settlement Administrator by mail or email:



Raus et al. v. Elements Production, LLC et al. Settlement Administrator
50 Corporate Park
Irvine, CA 92606
1-888-268-2094
ElementsProductionSettlement@cptgroup.com