Stetson, et al. v. West Publishing Corp., et al.

Frequently Asked Questions

Please find below answers to frequently asked questions

    1. What is this lawsuit all about?

    2. What was the result of the prior settlement?

    3. Am I a member of the Class?

    4. Do I need to hire my own attorney?

    5. When will the proposed Settlement be approved?

    6. What are the Benefits of the Settlement?

    7. How do I get the benefits of the settlement?

    8. What is the amount of the cash payment that I will receive from the Settlement Fund?

    9. I don't want to be a part of this Class Action. How do I get out of the Settlement?

    10. How do I tell the Court if I don't like the Settlement?

    11. If I do nothing at all, what happens?


    1. What is this lawsuit all about?

      BAR/BRI provides full service bar review courses throughout the United States aimed at assisting would-be attorneys to prepare to take one or more of the bar examinations that are required by each state and the District of Columbia before an attorney obtains a license to practice law. Plaintiffs alleged that BAR/BRI violated federal antitrust laws by agreeing with Kaplan to limit competition in the market for full service bar review courses. West was the owner of BAR/BRI during the relevant period and is a Defendant for that reason. The other Defendant is Kaplan. Plaintiffs alleged that BAR/BRI agreed not to compete in the LSAT business and that Kaplan agreed not to compete in the bar review business, thereby allocating to BAR/BRI the market for full-service bar review courses in the United States and preventing a competitive bar review course from being marketed and sold.

      Plaintiffs also alleged that BAR/BRI unlawfully acquired and maintained a monopoly in the market for full service bar review courses in the United States and also conspired to monopolize that market, all through a variety of means. As a result, Plaintiffs alleged, competition in the relevant market was adversely affected.

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    2. What was the result of the prior settlement?

      This is the second proposed settlement reached in this case. The prior proposed settlement, of which you may have received notice in April 2011, was not finally approved by the District Court, and no settlement checks were therefore distributed to the Class. In November 2011, the Court of Appeals ordered the parties to continue negotiating an amended settlement before the Ninth Circuit Mediator, leading ultimately to this new settlement. The new settlement supersedes the prior proposed settlement. In order to be eligible to receive a cash payment from the new settlement, you must submit a claim form postmarked or submitted online no later than July 8, 2013. If you wish to be eligible to receive a cash payment, you must submit a claim form even if you submitted one under the prior proposed settlement.

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    3. Am I a member of the Class?

      All persons and entities who paid for a BAR/BRI full-service bar-review course from August 1, 2006, through and including March 21, 2011, will be considered members of the class.

      Excluded from the Class are the defendants in this litigation, as well as their respective officers, directors, employees and personnel, as well as all employees and personnel of any law firm that is counsel of record in this litigation to any Defendant.

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    4. Do I need to hire my own attorney?

      No, the Court has appointed two law firms as Class Counsel. Your interests as a Class Member will be represented by Class Counsel without charge to you. You may contact them at:

      Alan Harris
      David Zelenski
      HARRIS & RUBLE
      6424 Santa Monica Boulevard
      Los Angeles, California 90038
      Telephone: (323) 962-3777
      Facsimile: (323) 962-3004
      Perrin F. Disner
      1855 Camden Avenue, Suite 3
      Los Angeles, California 90025
      Telephone: (310) 742-7944
      Facsimile: (888) 544-5154

      If you wish to retain your own attorney, you may do so, but it is at your own cost.

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    5. When will the proposed Settlement be approved?

      There will be a final fairness hearing at which the Court will consider Objections, if any, to the proposed Settlement and will determine (i) whether the proposed Settlement should be approved and (ii) whether to award attorney's fees and/or costs to Class Counsel. The Hearing will take place on August 19, 2013 at 10:00 a.m. in Courtroom 8 of the Unites States District Court, 312 North Spring Street, Los Angeles, CA 90012.

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    6. What are the Benefits of the Settlement?

      Defendants have agreed to pay the total sum of $9,500,000 (the "Settlement Fund"), which sum shall be used to make distributions to and for the benefit of Class Members who submit properly completed and timely Claim Forms if the Settlement is approved by the Court; to pay attorney's fees and expenses approved by the Court; to pay Incentive Awards to the Representative Plaintiffs on account of their services in connection with this litigation, as approved by the Court; to pay the costs of providing Notice to the Class; to pay the fees and expenses of the Claims Administrator, as approved by the Court; and to pay fees associated with the administration and maintenance of the Settlement Fund, as approved by the Court.

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    7. How do I get the benefits of the settlement?

      To receive a cash payment from the Settlement Fund, you must complete and file a Claim form postmarked or submitted online no later than July 8, 2013.

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    8. What is the amount of the cash payment that I will receive from the Settlement Fund?

      After deducting the Fee Award, the Expense Award, the Incentive Awards, and an additional amount to be paid to the Claims Administrator for administering the Settlement (all in amounts to be approved by the Court), the Settlement Fund will be paid to eligible Class Members who have timely submitted the Claim Form. Each such Class Member's Award will be calculated based on (a) the amount paid by each such Class Member as indicated on the website and (b) the number and amount of timely claims submitted by all Class Members. Each Class Member's Distribution Ratio will then be calculated by dividing his or her claim by all timely and valid claims.

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    9. I don't want to be a part of this Class Action. How do I get out of the Settlement?

      If you do not want to remain a Member of the Class, you must send a request for exclusion in writing to the Claims Administrator postmarked on or before July 8, 2013 at the following address: Stetson v. West Publishing Corp. Settlement Administrator, c/o Gilardi & Co. LLC, P.O. Box 8090, San Rafael, CA 94912-8090. The request for exclusion must contain your name, address, and telephone number. In addition, it must state that you are requesting to exclude yourself from the Settlement with West Publishing Corp. in Stetson, et al. v. West Publishing Corporation, et al., Case No. CV-08-00810 R, and it must be signed by you personally. By electing to be so excluded, (1) you will not receive the check generated by the Settlement, even if you would otherwise be entitled to it; (2) you will not be bound by any further order or judgments entered for or against the Class; (3) you will have no right to object to the Settlement or be heard at any hearing scheduled for the Court's consideration of the Settlement; and (4) you may pursue any claims against Defendants that were asserted by Plaintiffs in this case by filing your own lawsuit at your own expense or by seeking to intervene in this lawsuit as an individual plaintiff at your own expense or by seeking to intervene in this lawsuit as an individual plaintiff at your own expense.

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    10. How do I tell the Court if I don't like the Settlement?

      If you do not exclude yourself from the Class, you will remain in the Class and may object to the Settlement. To object to the Settlement, the Fee Award, the Expense Award, or the Incentive Awards, you must submit your objection to the Claims Administrator postmarked on or before July 8, 2013, at the following address: Stetson v. West Publishing Corp. Settlement BAR/BRI Administrator, c/o Gilardi & Co. LLC, P.O. Box 8090, San Rafael, CA 94912-8090. You must also send copies of your objection to Class Counsel and Defendants' counsel, postmarked no later than July 29, 2013. Any objection must include your name, your address, the name and number of the case, and a statement of the reasons why you object to the Settlement. Class Counsel can be served at the following addresses:

      Alan Harris
      David Zelenski
      HARRIS & RUBLE
      6424 Santa Monica Boulevard
      Los Angeles, California 90038
      Telephone: (323) 962-3777
      Facsimile: (323) 962-3004
      Perrin F. Disner
      1855 Camden Avenue, Suite 3
      Los Angeles, California 90025
      Telephone: (310) 742-7944
      Facsimile: (888) 544-5154

      Counsel for Defendants can be served at the following addresses:

      Counsel for West
      James F. Rittinger
      SATTERLEE STEPHENS BURKE BURKE
      230 Park Avenue
      New York, New York 10169
      Counsel for Kaplan
      Stuart Senator
      MUNGER, TOLLES & OLSON LLP
      355 South Grand Avenue, 35th Floor
      Los Angeles, California 90071

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    11. If I do nothing at all, what happens?

      If you do nothing in response to this Notice (i.e., if you do not submit a Claim Form and do not exclude yourself from the Settlement), you will not receive a check for your portion of the Settlement Fund. However, you will be bound by any judgment entered with respect to the Settlement, and you will release the Released Parties, as explained in Section 5 of this Notice, above.

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