UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF CALIFORNIA



MICHAEL TURNER, an individual, on behalf of himself and all others similarly situated,


Plaintiff,


v.


STORM8, LLC, a California Limited Liability Company,


Defendant.

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Case No. 09-cv-05234-CW




WEBSITE NOTICE OF SETTLEMENT AGREEMENT



>>Click Here to Download a Copy of the Settlement Agreement<<


      If You DOWNLOADED AND ACCESSED A STORM8 GAME BETWEEN MARCH 2009 AND AUGUST 2009, you may be entitled to AN IN-KIND PAYMENT OF 45 IN-GAME POINTS (RETAIL VALUE OF APPROXIMATELY $3.75) from a class action settlement.


IMPORTANT

PLEASE READ THIS NOTICE CAREFULLY

THIS NOTICE RELATES TO THE PENDENCY OF A CLASS action LAWSUIT

AND IF YOU ARE A SETTLEMENT CLASS member CONTAINS

IMPORTANT INFORMATION ABOUT YOUR RIGHTS OBJECT TO THE SETTLEMENT


A federal court authorized this Notice and it is posted on the Web by Court Order.

A proposed settlement (the "Settlement Agreement") has been reached in this case against the Defendant. You may be a Member of the Settlement Class and could get 45 in-game Points worth approximately $3.75 if you are a person who downloaded and accessed a Storm8 game to your Apple iPhone between March 2009 and August 2009. If you are a Settlement Class Member and the Court gives final approval to the Settlement Agreement:

You will be giving up the right to bring certain legal claims in the future, as discussed more fully below.



YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

If you do nothing, you will receive your Settlement Payment when you open up any Storm8 game. You will be given the option to apply one time to the game of your choice if you have downloaded and accessed more than one Storm8 game.

EXCLUDE YOURSELF

You will receive no benefits, but you will not be giving up your right to sue Defendants or related entities.

OBJECT

Write to the Court about why you don’t like the Settlement Agreement and do not want it to be approved.

GO TO A HEARING

Ask to speak in Court about the fairness of the Settlement Agreement.




  • These rights and options – and the deadlines to exercise them – are explained below.

  • The Court in charge of this case has preliminarily approved the Settlement Agreement and must decide whether to give final approval to the Settlement Agreement. Settlement Payments will be made if the Court gives final approval to the Settlement Agreement, and if there are any appeals, after they are resolved. Please be patient.

Basic Information

1. What is this lawsuit about?

This lawsuit alleges that Defendant Storm8, in violation of state and federal statutes, removed the phone numbers from its customers’ phones without authorization through software built into its games, and seeks to represent a nationwide class of persons who downloaded and accessed Storm8 games during the relevant time period. No court has determined the correctness of the ultimate position of any of the parties in this lawsuit. Rather, the parties have agreed to settle the lawsuit so as to avoid the uncertainties, the expense, and the diversion of resources from further litigation. This Notice is not an admission by either party as to the strength of the other’s position or of any weakness in its own position.

2. Why is this a class action?

In a class action, one or more people called a Class Representative (in this case, Michael Turner), sued on behalf of a group (or a “class”) of people who have similar claims. After the parties reached an agreement to settle the case, the Court recognized this as a case that should be treated as a class action for settlement purposes.

3. Why is there a settlement?

The Court has not decided that the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the Settlement Class Members will get compensation now rather than, if at all, years from now.

4. How do I know if I am part of the settlement?

As described above, the Court decided that everyone who fits this description is a Settlement Class Member:

All persons in the United States who downloaded and accessed any version of any Storm8 game that was released or updated prior to August 30, 2009 on an Apple iPhone.

5. What can I get from the settlement?

Defendant has agreed to disclose through its privacy policy, which is located at www.storm8.com/privacy, all user data it collects through its mobile software, including all personally identifiable information and all non-personally identifiable information. Defendant will also place a notice of its privacy policy on the pre-install page in the mobile iTunes Store and the desktop iTunes Store.

Additionally, Defendant has agreed to distribute 45 in-game points to each member of the Settlement Class. These points have a cash value of approximately $3.75. If you are a Settlement Class Member, and the Court gives final approval to the Settlement Agreement, you will receive the 45 in-game Points directly to the Storm8 game of your choice.

6. When will I receive these benefits?

You will receive these benefits within 90 days after the Settlement Agreement has been finally approved and the time to appeal that approval to a higher court has expired and/or any appeals have been resolved in favor of the Settlement Agreement.

7. I want to be part of the settlement and receive these benefits, what do I do?

Storm8 will identify all members of the Settlement Class and will distribute the Settlement Payment within 90 days after the Settlement Agreement has been finally approved and the time to appeal that approval to a higher court has expired and/or any appeals have been resolved in favor of the Settlement Agreement.

All that you will need to do is open a Storm8 game and indicate for which game you choose to receive the Points if you have downloaded and accessed more than one Storm8 game.

8. What am I giving up to receive these benefits?

Unless you exclude yourself (a process that is explained in answer to Question Number 9 below), you are staying in the class and agreeing to the Settlement Agreement. Generally, that means that you cannot sue, continue to sue, or be part of a future suit involving the claims raised in this case. In other words, you are agreeing to “release” those claims. Unless you exclude yourself, you are "releasing" these claims.

The exact release contained in the parties’ Settlement Agreement is much more detailed, and you may want or need to consider it before making your decision about participating in the Settlement Agreement. You can see a complete copy of the Settlement Agreement by clicking here.


Excluding Yourself from the Settlement

If you don’t want to receive the benefits from the Settlement Agreement, but you want to keep any right to sue that you may have or you want to continue to sue Defendant on your own over the claims in this case, then you must take steps to get out. This is called excluding yourself.

9. How do I get out of the settlement?

To exclude yourself from the Settlement Agreement, you must send a letter by mail saying that you want to be excluded from Turner v. Storm8, LLC (Case No. 09-cv-05234-CW) (N.D. Cal.) Be sure to include your name, address, your cellular telephone number, and your signature and the name and number of the case. You must mail your exclusion request no later than September 13, 2010 to

Michael Aschenbrener

Edelson McGuire, LLC

350 North LaSalle St, Suite 1300

Chicago, IL 60654


Steven Kaufhold

Akin Gump Strauss Hauer & Feld LLP

580 California St

Suite 1500

San Francisco, CA 94104-1036

In order to be valid, any request for exclusion must be received or postmarked no later than September 13, 2010.

10. If I exclude myself, do I still receive benefits from this settlement?

No, you will not receive anything resulting from the settlement of this case. But you will have the right to attempt to sue Defendant over the claims raised in this case, either on your own or as part of a different lawsuit. The amount of time the law gives you to sue over such claims (that is, the “statutes of limitation”) may or may not have been extended because of this case; however, they will not be extended any further for you once you exclude yourself. If you want your own attorney to represent you in an individual case, the terms of such representation are a matter for you and your attorney to negotiate.

The Lawyers Representing You

11. Do I have a lawyer in this case?

The Court has approved Michael Aschenbrener and Christopher Dore of Edelson McGuire, LLC to be the attorneys representing the class. They are called the “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

12. How will the lawyers be paid?

Subject to Court approval, Defendant has agreed to pay Class Counsel the sum of $125,000 for attorneys’ fees and expenses in this matter. The Court may award less than this amount.

Subject to approval by the Court, Defendants have agreed to pay $2,500 to representative plaintiff Michael Turner for his services in helping to prosecute this case.

Objecting to the Settlement

You can tell the Court that you don’t agree with the Settlement Agreement or some part of it. Only those people that remain in the Settlement Class may object to the Settlement Agreement. You cannot object if you have opted out of the Settlement Class.

13. How do I tell the Court that I don’t like the settlement?

If you’re a Settlement Class Member, you can object to the Settlement Agreement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter (or legal “brief”) saying that you object to the Settlement Agreement in Turner v. Storm8, LLC (Case No. 09-cv-05234-CW) (N.D. Cal.) and clearly identify all your reasons for your objections and attach any materials you rely on for your objections. Be sure to include your name, address, cellular telephone number as well as your current non-cellular telephone number if you have one, your signature, and the reasons you object to the Settlement Agreement. If you want to speak at the Final Approval Hearing (explained below in answer to Question Number 14), you must say so in your objections. At the same time, you must also serve complete copies of your objection papers on both Counsel for Defendant and Class Counsel. If you fail to object as specified above, you will be deemed to have waived any objections and will be barred from raising any such objections in this case or any other proceeding.

In order to be considered, any objections must be received or postmarked no later than September 13, 2010. Any objections and supporting materials should be sent to:

Clerk of the Court
United States District Court for the Northern District of California
1300 Clay Street
4th Floor
Oakland, California 94612


AND TO:


Michael Aschenbrener

Edelson McGuire, LLC

350 North LaSalle, Suite 1300

Chicago, IL 60654


AND TO:


Steven Kaufhold

Akin Gump Strauss Hauer & Feld LLP

580 California Street
Suite 1500
San Francisco, CA 94104-1036


YOU MAY NOT DO THIS ONLINE.

The Final Approval Hearing

The Court has preliminarily approved the Settlement Agreement and will hold a hearing to decide whether to give final approval to the Settlement Agreement. You may attend and you may ask to speak, but you don’t have to.

14. When and where is the Final Approval Hearing?

The Court will hold the Final Approval Hearing at November 18, 2010, at 2 P.M., in courtroom 2 on the 4th Floor of the United States Courthouse in Oakland, California, at 1300 Clay Street in Oakland. The purpose of the hearing will be for the Court to determine whether the Settlement Agreement should be approved as fair, reasonable and adequate and in the best interests of the Class; to consider the parties’ agreement that Class Counsel should be paid $125,000 for an award of attorneys' fees and expenses; and to consider the request for an incentive award to Mr. Turner in the amount of $2,500. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement Agreement that have properly been requested, as set forth above.

The hearing may be postponed to a different date or time without notice.

You are not required to come to the Final Approval Hearing.

If the Court determines that the Settlement Agreement should be approved as fair, reasonable and adequate and in the best interests of the Class, you and your representatives are barred from filing any lawsuit asserting any claims against Defendant that relate to the claims discussed above.

Getting More Information

15. How do I get more information?

This Notice is necessarily an incomplete summary of the Settlement Agreement and its terms. You are free to inspect the court files from 9:00 a.m. until 4:30 p.m. on weekdays at the office of the Clerk of the Court, United States District Court for the Northern District of California, 1300 Clay Street, Oakland, California 94612. You may also see a complete copy of the Settlement Agreement by clicking here. You can call Edelson McGuire, LLC, the law firm representing the class, at 1-866-354-3015 if you have any questions. Before doing so, please read this full Notice carefully. You may also find additional information elsewhere on this website.



Do not call or direct any inquiries to the Court, to Defendant or to Defendant’s lawyers.

On any communication concerning this case, you should always provide a telephone number where you can be reached with any questions.





PLEASE DO NOT CONTACT THE COURT OR COUNSEL FOR DEFENDANT ABOUT THIS NOTICE. YOU MAY CALL CLASS COUNSEL at 1-866-354-3015.