Legal Notice - USA TODAY - January 26, 1998
January 26, 1998
If you paid to see the June 28, 1997 fight between Mike Tyson and Evander Holyfield, this notice may affect your rights.
Please read this Court ordered Class Action Notice carefully.
In the Supreme Court of the State of New York, County of New York, a lawsuit is now pending titled: Damian Castillo, et al., Plaintiffs, vs. Mike Tyson, et al., Defendants, Case No. 114044/97. This Notice of Class Action re: Tyson/ Holyfield Bout Litigation is directed to: ALL PERSONS AND ENTITIES IN THE UNITED STATES AND ITS TERRITORIES THAT PAID FOR AND VIEWED OR ATTENDED THE HEAVYWEIGHT TITLE FIGHT BETWEEN MIKE TYSON AND EVANDER HOLYFIELD ON JUNE 28, 1997.
Your rights may be affected by the class action lawsuit pending in the Supreme Court of the State of New York (the "Court").
This class action arises out of the June 28, 1997 heavyweight title fight between Mike Tyson and Evander Holyfield (the "Event") during which Tyson was disqualified for biting Holyfield. The complaint filed by the plaintiffs, which seeks damages, injunctive relief and costs, alleges that viewers of the fight were deprived of the value of their purchase as a result of Tyson's conduct during the fight, and that the defendants Tyson, Mike Tyson Productions, Inc., Don King, Don King Productions, Inc., KingVision Pay Per View, Ltd., Viacom International, Inc., Viacom, Inc., Showtime Networks Inc. and SET Pay-Per View (the "defendants") were unjustly enriched. The defendants deny these claims.
The Court has not expressed any opinion with respect to the merits of these claims or defenses asserted. This Notice is designed to advise you of the pending class action and the potential effect on your rights.
CLASS ACTION RULING On January 14, 1998, the Court entered an Order establishing this lawsuit as a nationwide class action. Members of the class consist of:
(a) authorized cable and satellite subscribers located in the United States and its territories that ordered and received the Event on a pay-per-view basis;
(b) authorized closed circuit television venues in the United States and its territories that ordered and received the Event on a closed circuit basis; and
(c) individuals who purchased tickets and attended the Event at the MGM Grand Hotel & Casino.
The Order appoints the law firms of Larry D. Drury, Ltd. and Kenneth B. Moll & Associates, Ltd., Chicago, IL; The Kick Law Firm, Los Angeles, CA; Kohn, Swift & Graf, P.C., Philadelphia, PA; Roda & Nast, P.C., Lancaster, PA; Shapiro & Sternlieb, East Brunswick, NJ; Susman & Godfrey, L.L.P., Houston, TX; Turner & Turner, P.C., Tuscaloosa, AL; and Weiss & Yourman, Los Angeles, CA and New York, NY as the Executive Committee of the counsel for the class plaintiffs ("class counsel"). Class counsel are representing the class on a contingent basis, without any charge to class members. Cost reimbursement or fees paid to class counsel will be paid from any recovery obtained on behalf of the class, and only as approved and ordered by the Court.
Establishment by the Court of this class does not mean that any money or injunctive relief will be obtained for the class members on the class claims because there are contested issues that have not been decided. Rather, the Court's ruling means that the ultimate outcome of this lawsuit on the class claims - whether favorable to the plaintiffs or to the defendants - will apply to all class members who do not timely elect to be excluded from the class.
PARTICIPATION IN OR EXCLUSION FROM THE CLASS If you fit the above description of a class member, you have a choice whether or not to remain a member of the class. Either choice will have its consequences, which you should understand before making your decision:
If you want to be excluded from the class, you must send a WRITTEN "Request for Exclusion" by mail postmarked no later than April 20, 1998, to the address provided below. Your Request for Exclusion must set forth your name and address and the name of this lawsuit (Castillo v. Tyson). By making this electin to be excluded, (1) you will not share in any recovery that might be paid to the members of the class as a result of trial or settlement of this lawsuit; (2) you will not be bound by any decision in this lawsuit favorable to the defendants; and (3) you may present any claims you have against the defendants by filing your own lawsuit or you may seek to intervene in this lawsuit.
If you want to remain a member of the class, you are not required to do anything at this time. The class representatives and their law firms, identified above as class counsel, act as your representative and counsel for the presentation of the claims against the defendants. If you desire, you may appear by your own attorney at your own cost. You may also seek to intervene individually and may advise the Court if at any time you consider that you are not being fairly and adequately represented by the class representatives and the class counsel. Your participation in any recovery which may be obtained from the defendants through trial or settlement will depend upon the results of this lawsuit. If no recovery is obtained for the class, you will be bound by that result also. As a condition to participating in any recovery through settlement or trial, you may be required to present evidence that you purchased the Event. (You should, therefore, preserve your records reflecting these purchases.)
FOR MORE INFORMATION This Notice is a summary only. The Complaint and other court papers are available for inspection, during regular business hours, at the Office of the Clerk of the Supreme Court of the State of New York, County of New York, 60 Centre Street, New York, New York 10007, on the internet at http://www.boxinglitigation.com, or upon written request from counsel. Any Request for Exclusion, any questions you have about the litigation, this Notice, your membership in the class or your rights as a class member should not be directed to the Court, but should be sent to the following address:
In re: Tyson/Holyfield Bout Litigation 244 Madison Avenue P.O. Box 703 New York, New York 10016
DATED: January 14, 1998, Justice Charles E. Ramos