TV Writers Age Discrimination Settlement ICM and BKW
TV Writers Age Discrimination Settlement ICM and BKW
July 22, 2009: Judge Approves Distribution to Eligible Claimants. Judge Elias approved the settlement administrator's proposed distribution to eligible claimants. Notices of Awards will be e-mailed or mailed to all eligible claimants by July 27, 2009. If your address has changed, please contact class counsel immediately or e-mail settlementadministrator@sprengerlang.com so that you receive your Notice.
Along with a Notice of Award/Eligibility, each eligible claimant will receive a Release Agreement and a W-9 form. Every eligible claimant will need to complete and sign both of these forms and return them to the settlement administrator either by e-mail or hard-copy U.S. mail (the return address will be on the Notice) in order for the settlement administrator to issue an award check. Under the terms of the Consent Decree, eligible claimants/awardees have one year from the date of the Notice to return the completed and signed Release Agreement and W-9 form, otherwise, they forfeit their awards. Also, under the terms of the Consent Decree, eligible claimants/awardees who do not negotiate (i.e., cash) their award checks within 180 days forfeit their awards.
Each eligible claimant who receives an award will receive two 1099 forms: ½ of the award is characterized as interest and will be reflected on a 1099-INT; the other ½ of the award is characterized as miscellaneous income and will be reflected on a 1099-MISC. NO TAXES WILL BE WITHHELD FROM YOUR AWARD. ELIGIBLE CLAIMANTS/AWARDEES ARE SOLELY RESPONSIBLE FOR ANY AND ALL TAX PAYMENTS. NEITHER CLASS COUNSEL NOR THE SETTLEMENT ADMINISTRATOR ARE TAX ADVISORS. AWARDEES SHOULD PLAN ACCORDINGLY FOR ALL TAX PAYMENTS THEY MAY OWE, FEDERAL AND/OR STATE. WE RECOMMEND THAT AWARDEES CONSULT WITH A TAX PROFESSIONAL. CLASS COUNSEL AND THE SETTLEMENT ADMINISTRATORS CANNOT RESPOND TO TAX QUESTIONS FROM ANY CLAIMANTS.
Eligible claimants/awardees should retain the 1099 forms for tax reporting purposes.
If you have any questions, please call 1-800-792-0863.
January 6, 2009: Final Approval Granted to Settlement. The Superior Court of the State of California for the County of Los Angeles has granted final approval to a Consent Decree resolving age discrimination claims asserted against Defendants International Creative Management, Inc., ("ICM") and Broder Kurland Webb Agency, Inc., ("BKW"). The Consent Decree effects a full and final settlement of the class claims, including all individual claims subsumed in the cases. Under the terms of the Consent Decree, Defendants ICM and BKW ("Defendants") have paid the sum of Four and One-Half Million Dollars ($4,500,000.00) into a Settlement Fund. The Consent Decree may be viewed or downloaded from this website.
December 22, 2008: Claim Form Filing Deadline. All Claim Forms must have been postmarked by December 22, 2008, the deadline for claim form submissions set by the court. No further submissions or supplemental information can be accepted.
For complete information about the settlement, please review the full Notice of Proposed Settlement of Class Action and Settlement Hearing. It is designed to answer the following questions:
BASIC INFORMATION
- What is the lawsuit about?
- Am I part of the class?
- Is there any money available now?
SETTLEMENT TERMS AND AWARD DISTRIBUTION
- What are the terms of the settlement?
- What non-monetary actions did ICM agree to perform?
- How will settlement awards be calculated?
- What did a class member have to do to establish eligibility and receive a settlement award?
- What rights do class members waive as part of the settlement?
YOUR RIGHTS AND OPTIONS ON SETTLEMENT
- What if a class member did nothing?
- What if a class member didn't want to seek a settlement share?
THE LAWYERS REPRESENTING YOU
- Who are the plaintiffs' and class lawyers in this case?
- How will the lawyers be paid?
For answers to additional questions, call class counsel at 1-800-792-0863. Class counsel have represented members of the class, and class members are allowed to ask about their rights at no cost.
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES CENTRAL CIVIL WEST
IN RE: TV WRITERS CASES
THIS DOCUMENT RELATES TO:
Edwards, et al. v. International Creative Management, Inc., BC 268846; Mintz, et al. v. Broder Kurland Webb Agency, Inc., BC 268850
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND SETTLEMENT HEARING
If, at any time since October 22, 1996, you were a member of the WGA age 40 or older, and you were not a talent agent or television executive with significant writer hiring duties, your rights may be affected by these settlements.
- This settlement resolves class claims against International Creative Management, Inc. ("ICM") and Broder Kurland Webb Agency, Inc. ("BKW") for alleged age discrimination by those talent agencies in the representation and referral of television writers.
- The settlement and Consent Decree must be finally approved by a Los Angeles Superior Court Judge in order for it to go forward.
- The final approval hearings were on November 3, 2008 and January 6, 2009.
- The mailed and published notice informed class members about the steps they were required to take to be eligible to receive a share of the settlement fund. These steps were mandatory, e.g., returning the claim form by December 22, 2008, and failure to follow them results in waiver of the right to receive an award.
- This is a settlement of only two of 23 pending Television Writers Cases alleging age discrimination in referral and hiring.
- This settlement is based on an allocation by class counsel of a limited percentage share of alleged industry-wide damages.
- If you are a class member, your rights will be affected by the settlement whether you act or don't act and you will be bound by the judgment of the Court whether favorable or not.
BASIC INFORMATION
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What is the lawsuit about?
The individuals who brought the class complaint claim that International Creative Management, Inc. ("ICM") and Broder Kurland Webb Agency, Inc. ("BKW") engaged in a pattern and practice of discrimination in the representation and referral of television writers age forty or older. The claims were originally brought in federal court in 2000, and refiled in Superior Court in 2002. This settlement resolves only the claims against ICM and BKW. In addition to ICM and BKW, plaintiffs have sued several other television studios, networks and talent agencies, in parallel lawsuits called the Television Writers Cases.
The Television Writers Cases are Alch, et al. v. Time Warner, et al. (BC 268836), Bast, et al. v. Fox, et al. (BC 268839), Brett, et al. v. Disney, et al. (BC 268844), Brooks, et al. v. William Morris (BC 268843), DiStefano, et al. v. Columbia Tristar (BC 268845), Doohan, et al. v. Irv Schechter (BC 268876), Edwards, et al. v. Carsey-Werner (BC 268841), Edwards, et al. v. ICM (BC 268846), Eisenson, et al. v. Paradigm (BC 268847), Kalish, et al. v. Spelling, et al. (BC 268883), Kinghorn, et al. v. Universal, et al. (BC 268877), Lang, et al. v. Shapiro-Lichtman (BC 268848), Levy, et al. v. Gersh (BC 268840), Moriarty, et al. v. Paramount, et al. (BC 268878), Mintz, et al. v. Broder (BC 268850), Neal, et al. v. Endeavor (BC 268849), Neal, et al. v. UPN, et al. (BC 268837), Reuben, et al. v. CAA (BC 268879), Schwartz, et al. v. UTA (BC 268881), Shayne, et al. v. CBS, et al. (BC 268882), Wynn, et al. v. NBC, et al. (BC 268842), Yanok, et al. v. APA (BC 268880), and Young, et al. v. Dreamworks (BC 268838).
The Court has not determined the merits of plaintiffs' claims and has not found that ICM and BKW did anything wrong. ICM and BKW deny that they have engaged in any unlawful age discrimination or ageist activities and contend that they have worked with considerable dedication to accomplish employment for writers of all ages including those over 40.
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Am I part of the class?
You are part of the class if you were a current or former member of the WGA at any time since October 22, 1996, and were 40 and older, respectively, except for persons who at any time during the liability period were either: (1) employed by any defendant in the Television Writers Cases as an executive, manager, or talent agent, with authority or significant input into decisions to hire, retain, purchase material from, place, and/or package writers for television writing opportunities; or (2) executives and/or principals of entities signatory to a WGA MBA ("Minimum Basic Agreement"). You must also have held a writing position covered by the WGA MBA before or during the liability period.
You will be eligible to seek monetary relief if you are a class member and were either rejected or deterred from seeking television writing representation from ICM and/or BKW during this period. To be deterred from seeking representation means that you would have applied for representation from ICM and/or BKW but reasonably believed such application to be futile because of age discrimination.
The plaintiffs and settlement class are represented by Lead Counsel Paul Sprenger, and Class Counsel Steven Sprenger - Sprenger & Lang; Class Counsel Maia Caplan - Kator, Parks & Weiser; National Counsel Thomas Osborne - AARP Legal Foundation, all of Washington, DC; Local Counsel Dolly Gee - Schwartz, Steinsapir, Dohrmann & Sommers of Los Angeles, and attorneys associated with them and their firms. If you are still not sure whether you are included, you may communicate with class counsel about your rights. This is at no charge to you. The designated contact mailing addresses and email are:
Steven Sprenger
Sprenger & Lang
Suite 500 1400 Eye Street, NW
Washington, DC 20005
ssprenger@sprengerlang.com
Maia Caplan
Kator Parks & Weiser
Suite 1000
1200 18th Street, NW
Washington, DC 20036
mcaplan@katorparks.com
Paul Sprenger may be contacted at psprenger@sprengerandlang.com.
A toll-free telephone line may also be accessed at 1-800-792-0863.
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Is there any money available now?
Money will be available to eligible class members following the fairness hearing and final approval of the settlement and Consent Decree by the Court. Class members who timely filed claim forms may be eligible to receive a monetary award. The settlement administrator currently estimates that notices of awards will be mailed to eligible claimants by approximately June 30, 2009 barring any unforeseen delays in processing or obtaining court approval.
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SETTLEMENT TERMS AND AWARD DISTRIBUTION
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What are the terms of the settlement?
The settlement requires ICM and BKW (collectively, "ICM") to establish a settlement fund and to agree to perform certain non-monetary actions.
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What non-monetary actions did ICM agree to perform?
Most significantly, ICM has agreed to the following measures for facilitating fair and equal opportunity for older writers in representation and referral:
- clear communication of ICM's non-discrimination policy to employees involved in the writer selection and/or representation process;
- creation of an independent Task Force comprised of subject matter experts to evaluate representation and referral practices for TV writers of ICM and any other participating talent agencies, evaluate TV writer hiring policies and practices of any participating studios and networks, and recommend changes designed to enhance fair employment opportunities for older writers, where appropriate;
- oversight by class counsel of work of the Task Force, with dispute resolution and other procedures available to class counsel in the event necessary;
- participation in a facilitation program if agreed to by and encompassing other agencies and employers designed to create more TV employment opportunities for older writers; and
- conduct EEO training for personnel involved in the TV writer selection process.
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How will settlement awards be calculated?
Class members, including named plaintiffs, who filed a timely claim form will have their claim reviewed by the settlement administrator(s). The settlement administrator(s) will then recommend to the Court a formula for the calculation of individual settlement awards. The formula will take into account the following factors: date of birth; previous television writing credits; historic television writing earnings; efforts to obtain representation during and prior to the liability period. The Court may approve the formula recommended by the settlement administrator(s) or require that the formula be modified. There is no right to challenge the formula after it is approved by the Court.
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What did class members have to do to establish eligibility and receive a settlement award?
In order to establish eligibility for a settlement award, a class member must have completed and returned the monetary claim form by December 22, 2008. Claim forms that are postmarked after December 22, 2008 will not be considered and late claimants will forfeit any right to receive a settlement award. Claim forms must have been postmarked by December 22, 2008 and mailed to:
Settlement Administrator
TV Writers Age Discrimination Settlement Fund
PO Box 34386
Washington, DC 20043
Submission of a claim form does not automatically entitle you to an award.
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What rights did class members waive as part of the settlement?
Unless a class member opted out of the settlement, s/he waived all claims, whether known or unknown, against ICM and BKW, their present and former parents, subsidiaries and affiliates, and all their respective members, insurers, reinsurers, shareholders, directors, officers, managers, agents, employees, servants, representatives, consultants, attorneys, successors and assigns which are arise out of or are related to any conduct through the Final Approval Date, except for claims that cannot be waived as a matter of law. If a class member receives monetary relief, s/he shall also be precluded from re-pleading or seeking to introduce as evidence in any future hearing or trial against any Released Party any fact or allegation, whether known or unknown, alleged to have occurred prior to the Final Approval Date.
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YOUR RIGHTS AND OPTIONS ON SETTLEMENT
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What if a class member did nothing?
If a class member did nothing, s/he is bound by the terms of the settlement releasing claims against ICM and BKW.
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What if a class member didn't want to seek a settlement share?
Any class member could choose to not complete and return a claim form. Electing not to submit a claim form rendered that class member ineligible to be considered for a settlement share.
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THE LAWYERS REPRESENTING YOU
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Who are the plaintiffs' and class lawyers in this case?
The plaintiffs and the class are represented by Lead Counsel Paul Sprenger, and Class Counsel Steve Sprenger - Sprenger & Lang; Class Counsel Maia Caplan - Kator, Parks & Weiser; National Counsel Tom Osborne - AARP Legal Foundation, all of Washington, DC; Local Counsel Dolly Gee - Schwartz, Steinsapir, Dohrmann & Sommers of Los Angeles, and other attorneys within or with relationships to such firms and AARP.
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How will the lawyers be paid?
Class members will not owe any fees or expenses to the lawyers who have represented the class. The lawyers who worked on the cases requested and the Court approved reimbursement to them for the expenses they advanced in prosecuting the cases and for an award of attorneys' fees out of the settlement amount paid by ICM. Class counsel have pursued this litigation without receiving compensation for their services or reimbursement of their out-of-pocket expenses. They have done so with the understanding and agreement with plaintiffs that they would be reimbursed for expenses and that they would receive fees from the funds recovered, if any. Class counsel have been awarded attorneys' fees as part of the overall approval of the settlement and Consent Decree.
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GETTING MORE INFORMATION
The complete settlement and related documents are posted here. If you have questions, you can contact class counsel at 1-800-792-0863. Class counsel have represented people as members of the class and class members are allowed to ask about their rights.
PLEASE DO NOT CALL OR INQUIRE OF THE COURT.
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