Frequently Asked Questions
- What is this notice and why should I read it?
- What is a class action lawsuit?
- What is this lawsuit about?
- Have I Received this Notice Before?
- Who is included in the Settlement Class?
- What does the Settlement provide?
- How do I get Settlement benefits?
- When will I get my Settlement benefits?
- Do I have a lawyer in the case?
- Should I get my own lawyer?
- How will the lawyers be paid?
- What happens if I do nothing at all?
- What happens if I ask to be excluded?
- How do I ask to be excluded?
- If I don’t exclude myself, can I sue Defendants for the same thing later?
- If I exclude myself, can I get anything from this Settlement?
- How do I object to the Settlement?
- What’s the difference between objecting and excluding myself from the Settlement?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- Where do I get more information?
- What is this notice and why should I read it?
The Court authorized the notice to let you know about a proposed Settlement with Shark Bar, Angels Rock Bar, Cordish, and ECI. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment or voucher as part of the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.
Judge Nanette K. Laughrey of the United States District Court for the Western District of Missouri is overseeing these class actions. The cases are called J.T. Hand v. Beach Entertainment KC, LLC d/b/a Shark Bar; The Cordish Companies, Inc.; Entertainment Consulting International, LLC, No. 4:18-cv-00668-NKL (W.D. Mo.) and J.T. Hand v. ARB KC, LLC d/b/a Angels Rock Bar; The Cordish Companies, Inc., Entertainment Consulting International, LLC, No. 4:19-cv-00108-NKL (W.D. Mo.). The person who filed the lawsuits, J.T. Hand, is the Plaintiff. The companies he sued, Shark Bar, Angels Rock Bar, Cordish, and ECI, are the Defendants.
Top - What is a class action lawsuit?
A class action is a lawsuit in which an individual or individuals called “Class Representatives” bring a single lawsuit on behalf of other people who have similar legal claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
Top - What is this lawsuit about?
The Telephone Consumer Protection Act (“TCPA”) is a federal law that restricts telemarketing calls to phone numbers registered on the National Do-Not-Call Registry.
These lawsuits allege that Defendants violated the TCPA by sending multiple marketing text messages, without consent, to telephone numbers registered on the National Do-Not-Call Registry. The lawsuits requested civil penalties, provided for under the TCPA, for each text sent that allegedly violated the TCPA.
Defendants deny each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the lawsuits and have asserted various defenses. Defendants also deny that the claims in the lawsuits are appropriate for class treatment if the lawsuits proceeded through trial.
More information about Plaintiff’s complaints in the lawsuits and the Defendants’ defenses can be found in the “Case Documents” section of this website.
Top - Have I Received this Notice Before?
You may have been mailed notice in connection with the certified class in the Shark Bar case, one of the two cases this Settlement resolves. If so, this Notice is to inform you that the parties have reached a proposed Settlement, agreed alongside another case with similar claims, Angels Rock Bar. Because the Settlement will, if finally approved, release, or give up, the Settlement Class Members’ claims against the Defendants, including members of the certified class in Shark Bar, the Settlement Class is being mailed this Notice informing them of their rights under the Settlement.
Top - Who is included in the Settlement Class?
You are a member of the Settlement Class if, on or after April 25, 2014, you received at least two text messages within a twelve-month period, from any phone number associated with any of the named Defendant entities, to a phone number included on the NDNCR. If you received the Notice, our records indicate that you are likely a member of the Settlement Class.
However, you do not qualify as a class member if Defendants’ records reflect you transacted business with a Defendant (such as making a purchase at Shark Bar or Angels Rock Bar) and did not receive at least two text messages more than eighteen months after the last transaction. You also do not qualify if you are: (i) the judge or magistrate presiding over the case, or a family member of the judge or magistrate or (ii) a Defendant, a subsidiary of a Defendant, or a parent company, successor, or predecessor, or other entity controlled by a Defendant.
You may exclude yourself from the Settlement Class. If you do so, you will no longer be a Settlement Class Member. If you excluded yourself from the certified class in the Shark Bar case, you will be excluded from this Settlement Class.
You may call or email the Settlement Administrator at 1-855-658-3948 or info@sharkbarclassaction.com to ask whether you are a member of the Settlement Class.
Top - What does the Settlement provide?
Cash Payments. If you’re eligible, you can fill out a Cash Claim Form and receive a cash payment of $56.50. If your Cash Claim Form is approved, you will be mailed a check for this amount to the address you provide on your Cash Claim Form.
Vouchers. If you do nothing, you will receive a $113 voucher that can be used at a variety of Kansas City, Missouri establishments in the Power & Light District, including Shark Bar, PBR Big Sky, Mosaic, McFadden’s Sports Saloon, No Other Pub, Pizza Bar, Leinenkugel’s Leinie Lodge & Beer Garden, and Guy Fieri’s Dive & Taco Joint. The voucher won’t expire, can be given to and used by other people, and can purchase any food, drink, or merchandise. You will not be able to use the voucher to participate in any ticketed events or other special events in the Kansas City Power & Light District.
Prospective Relief. Defendants agreed to implement and enforce policies to make sure they don’t improperly contact phone numbers on the National Do-Not-Call Registry for at least two years after the Settlement Agreement becomes effective, or otherwise violate the TCPA.
Top - How do I get Settlement benefits?
If you are a Settlement Class member and you want to get a Cash Payment, you must complete and submit a valid Cash Claim Form by July 10, 2023. If you received an email notice, it contained a link to the online Claim Form, which is also available on the Settlement Website, www.sharkbarclassaction.com, and can be filled out and submitted online. A paper Cash Claim Form with pre-paid postage was attached to the postcard notice you may have received in the mail. Those who submit a Cash Claim Form will receive a check by mail, if the claim is approved.
The Cash Claim Form requires you to provide the following information: (i) full name, (ii) current U.S. Mail address, (iii) current contact telephone number and email address, (iv) an affirmation that you received two or more text messages within one year promoting Shark Bar or Angels Rock Bar to a number registered on the National Do-Not-Call Registry, and (v) that you did not engage in a transaction with any of the Defendants in the eighteen-month period prior to the receipt of at least two of the text messages.
You do not need to do anything to receive a voucher. If the Settlement is approved, it will be sent to you automatically via email or U.S. Mail.
You can request to update your address by emailing the Settlement Administrator at info@sharkbarclassaction.com.
Top - When will I get my Settlement benefits?
The hearing to consider the fairness of the Settlement is scheduled for August 15, 2023. If the Court approves the Settlement, Class Members will be issued a voucher or cash payment within 28 days after the Settlement has been finally approved by the Court and/or after any appeals process is complete. Please be patient. Uncashed checks will expire and become void 90 days after they are issued and will be sent to Western Missouri Legal Aid (https://lawmo.org/about-us).
Top - Do I have a lawyer in the case?
Yes, the Court has appointed Benjamin H. Richman, Eve-Lynn J. Rapp, and Michael W. Ovca, lawyers from the law firm Edelson PC, and Bill Kenney, a lawyer from the Bill Kenney Law Firm, LLC, as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” The Court appointed J.T. Hand—a class member like you—to represent the Settlement Class. Class Counsel can be reached by calling 1-866-354-3015.
Top - Should I get my own lawyer?
You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you do so, you will have to pay that lawyer.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for attorneys’ fees and expenses up to 33.33% of the maximum cash value available ($371,676.00) and will also request an incentive award of $15,000 for the Class Representative. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested.
Top - What happens if I do nothing at all?
If you do nothing, you will receive a voucher at your last known address or updated address, and you will be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against Shark Bar, Angels Rock Bar, or other Released Parties regarding any of the Released Claims.
For information on how to request exclusion from the class or file an objection, please read Frequently Asked Questions 13-17 or call 1-855-658-3948.
Top - What happens if I ask to be excluded?
You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment or voucher, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense.
Top - How do I ask to be excluded?
You can mail or email a letter stating that you want to be excluded from the Settlement. Your letter must: (i) be in writing; (ii) identify the case name Hand v. Beach Entertainment KC, LLC d/b/a Shark Bar, et al., No. 4:18-cv-00668-NKL (W.D. Mo.) or Hand v. ARB KC, LLC d/b/a Angels Rock Bar, et al, No. 4:19-cv-00108-NKL (W.D. Mo.); (iii) state the full name and current address of the person in the Settlement Class seeking exclusion; (iv) be signed by the person(s) seeking exclusion; and (v) be postmarked or received by the Settlement Administrator on or before July 10, 2023. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Hand v. Beach Entertainment KC LLC., et. al., No. 4:18-cv-00668-NKL (W.D. Mo.) or Hand v. ARB KC LLC., et. al., No. 4:19-cv-00108-NKL (W.D. Mo.).” You must mail or email your exclusion request no later than July 10, 2023 to:
J.T. Hand v. Beach Entertainment KC LLC., et. al.
J.T. Hand v. ARB KC LLC., et. al.
c/o Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
info@sharkbarclassaction.comYou can’t exclude yourself over the phone. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
Top - If I don’t exclude myself, can I sue Defendants for the same thing later?
No. Unless you exclude yourself, you give up any right to sue Shark Bar, Angels Rock Bar, and any other Defendant for the claims being resolved by this Settlement.
Top - If I exclude myself, can I get anything from this Settlement?
No. If you exclude yourself, you will not receive a payment.
Top - How do I object to the Settlement?
If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file a letter or brief with the Court stating that you object to the Settlement in Hand v. Beach Entertainment KC, LLC d/b/a Shark Bar; The Cordish Companies, Inc.; Entertainment Consulting International, LLC, No. 4:18-cv-00668-NKL (W.D. Mo.) and Hand v. ARB KC, LLC d/b/a Angels Rock Bar; The Cordish Companies, Inc., Entertainment Consulting International LLC, No. 4:19-cv-00108-NKL (W.D. Mo.) no later than July 10, 2023. Your objection must be e-filed or delivered to the Court at the following address:
Clerk of the United States District Court for the Western District of Missouri
Charles Evans Whittaker United States Courthouse
400 E. 9th Street
Kansas City, MO 64106The Court accepts filings from pro se litigants (if you file on your own behalf, rather than hiring a lawyer) through the Electronic Document Submission System (EDSS). Instructions on how to file via EDSS can be found www.mow.uscourts.gov/district/pro-se.
The objection must be in writing and personally signed by the objector (an attorney’s signature is insufficient) and must include: (i) the Settlement Class Member’s full name and current address, (ii) a statement that the objector is a Settlement Class Member, (iii) whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class, (iv) the specific grounds for the objection, accompanied by any legal support for the objection known to the objector or his counsel, (v) all documents or writings that the Settlement Class Member desires the Court to consider, (vi) the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection, (vii) a statement indicating whether the objector intends to appear at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission), and (viii) a list of any persons who intend to testify at the Final Approval Hearing in support of the objection. If you hire an attorney in connection with making an objection, that attorney must file an appearance with the Court or seek pro hac vice admission to practice before the Court, and electronically file the objection by the objection deadline of July 10, 2023. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.
In addition to filing your objection with the Court, you must send via mail, email, or delivery service, by no later than July 10, 2023, copies of your objection and any supporting documents to both Class Counsel and Defendants’ lawyers at the addresses listed below:
Class Counsel Defendant's Counsel Michael Ovca
movca@edelson.com
Edelson PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654Lauri A. Mazzuchetti
lmazzuchetti@kelleydrye.com
Kelley Drye & Warren LLP
One Jefferson Road
Parsippany, NJ 07054Class Counsel will file with the Court and post on the Settlement website its request for attorneys’ fees and incentive awards on June 26, 2023.
Top - What’s the difference between objecting and excluding myself from the Settlement?
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class as a Class Member. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be a Settlement Class Member. If you exclude yourself, you have no basis to object because the case no longer affects you.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold the Final Approval Hearing at 11:00 a.m. on August 15, 2023 before the Honorable Nanette K. Laughrey in Room 1219 at the Charles Evans Whittaker United States Courthouse, 400 E. 9th Street, Kansas City, Missouri, 64106 and can be accessed remotely via Zoom. The Settlement website will be updated with Zoom login information promptly after the Court issues it. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this Settlement website.
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161.199.138.10 (US West)
161.199.136.10 (US East)
Meeting ID: 161 533 3001
Passcode: 188598 - Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
Top - May I speak at the hearing?
Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 17 above) and intend to appear at the hearing, you must state your intention to do so in your objection.
Top - Where do I get more information?
The notice summarizes the proposed Settlement. More details, including the Settlement Agreement and other documents, are available under the Case Documents tab of this website or at the Clerk’s Office in the Charles Evans Whittaker United States Courthouse, 400 E. 9th Street, Kansas City, Missouri 64106, between 9:00 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. You can also contact Class Counsel at 1-866-354-3015 with any questions.
Please Do Not Contact the Court, the Judge, the Defendants, or the Defendants’ lawyers with Questions about the Settlement or Distribution of Settlement Payments.
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