Defendants’ records indicate that you may have enrolled in one or more courses at Studio 4 Film School in Los Angeles or New York City during the Class Period (“Class Member”).

The Los Angeles Superior Court (the “Court”) preliminarily approved the Settlement on behalf of the Class (for clarity, “Class” as it is used herein applies to the Fraud Claims and does not apply to the sexual exploitation claims as alleged in the Complaint). Upon final approval of the settlement, the sexual exploitation claims will be dismissed without prejudice as to any Class Members other than the two Named Plaintiffs.  The Court has not entered judgment and has not determined that there is any merit to Plaintiffs’ claims or that Defendants engaged in any wrongdoing in this Action. The Court still has to decide whether to grant final approval of the Settlement.  If the Court grants final approval of the Settlement, and after any objections and appeals are resolved, a Settlement Administrator appointed by the Court will make the payments that the Settlement allows.

Plaintiffs and Defendants, and their respective counsel, have concluded that the Settlement is fair and in the best interests of the Class Members considering the risks and uncertainties to each side of continued litigation.  Because the Settlement will affect your legal rights, the Court ordered that the Notice be sent to you.  The Notice will provide you with a brief description of the Action, inform you of the terms of the Settlement, and advise you of your legal rights.

Two former students, Sarah Tither-Kaplan and Toni Gaal (“Plaintiffs”), have sued Rabbitbandini Productions; Rabbitbandini Productions, LLC; Rabbitbandini Films, LLC; Dark Rabbit Productions, LLC; Rabbitbandini Productions Studio 4, LLC; James Franco; Vince Jolivette; and Jay Davis (“Defendants”) on behalf of themselves and others similarly situated for two different types of claims: (1) claims based on sexual harassment, misconduct and exploitation and (2) claims pertaining to fraud relating to the enrollment and operation of Studio 4.  This settlement resolves ONLY the fraud claims surrounding enrollment and tuition paid to the Studio and it does NOT release or resolve any sexual harassment, misconduct or exploitation claims other than for the Named Plaintiffs.  Upon final approval of the settlement, the sexual exploitation (non-fraud) claims will be dismissed without prejudice.

Defendants deny Plaintiffs’ claims and believe that they do not have any liability to the Class under the claims asserted in the Action, or that, but for the Settlement, the Class should be certified in the Action. Nonetheless, it is Defendants’ position that this Settlement is entered into solely for the purpose of compromising highly-disputed claims.  Nothing in this Settlement is intended or will be construed as an admission of liability or wrongdoing by Defendants.  Plaintiffs maintain that their claims are meritorious, that Defendants are liable for the claims alleged and contend that the claims give rise to liability, damages, restitution, penalties or other payments and deny that any defense asserted by Defendants was meritorious. Nonetheless, Plaintiffs believe this is a fair and adequate settlement that is in the best interests of all Class Members.

Defendants have agreed to pay a total of $2,235,000 (“Gross Settlement Amount”) to settle this Action.  Defendants are personally responsible for the settlement payments, with their insurance carriers advancing the settlement proceeds.  The Gross Settlement Amount, includes without limitation, payments to the Named Plaintiffs for the settlement of their individual sexual exploitation claims against Defendants, all payments (“Individual Settlement Payments”) to those Class Members who decide to participate in the Settlement (“Participating Class Members”), Settlement Administration Costs, Class Counsel’s attorneys’ fees and litigation costs, Class Representatives’ Service Awards, and any other fees and expenses (other than Defendants’ attorneys’ fees and expenses) incurred in implementing the terms and conditions of this Agreement and securing the Order Granting Final Approval of the Settlement and Judgment to be entered by the Court.

The “Common Fund” is the remaining portion of the Gross Settlement amount available for distribution to Participating Class Members after deduction of the Named Plaintiffs’ Settlement Payments.

The “Net Settlement Amount” is the remaining portion of the Common Fund available for distribution to Participating Class Members who submit timely and valid Claim Forms after deduction of the Court Approved Class Counsel’s attorneys’ fees and litigation costs, Settlement Administration Costs, and the Class Representative Service Awards. 

Subject to the terms and conditions of the Settlement after the Court approves the Settlement, the Settlement Administrator will make the following payments from the Gross Settlement Amount as follows:

The Settlement Administrator will pay Settlement Payments totaling $894,000 inclusive of attorney fees, to the Named Plaintiffs’ for their sexual exploitation claims.

From the Common Fund of $1,341,000 the following payments will be made:

First, Class Counsel will apply to the Court for an amount not to exceed $10,000 each for Plaintiffs in recognition of Plaintiffs’ effort and risk (financial, professional, and emotional) taken in pursuing this Action on behalf of the Class.  The Court will determine the actual amount awarded to Plaintiffs. The Settlement Administrator will pay the Class Representative Service Awards, as awarded by the Court.

Second, Class Counsel will apply to the Court for a total award of attorneys’ fees of up to one-third of the Common Fund (for a total of up to $447,000.00) for their Class Counsel attorneys’ fees payment and an award of actual litigation costs (not to exceed $41,000.00).  The Court will determine the actual amounts awarded. The Settlement Administrator will then pay Class Counsel’s attorneys’ fees and litigation costs as awarded by the Court.

Third, the Settlement Administrator will pay itself for all reasonably incurred administration costs, including the cost of preparing and emailing the Notice, processing Claim Forms and issuing payments under the Settlement Agreement.  The Court will determine the actual amount awarded. The amount shall not exceed $79,000.00.

Fourth, the Settlement Administrator will allocate the remaining Net Settlement Amount among those Class Members who submit valid and timely Claim Forms, as set forth in the Notice. 5% of the Net Settlement Amount will be set aside and held in reserve in case of late submitted but otherwise valid Claim Forms.  Any portion of this Net Settlement Reserve Amount that is not claimed by Participating Class Members by April 3, 2023 will be used to cover Administrative Costs in excess of $16,000 (with Defendants covering any remaining balance) and any additional reserve funds shall be paid to the National Women’s Law Center.

You must have submitted a claim form by the claim filing deadline, which has since passed, to receive a payment. The court has granted final approval in this matter and Individual Settlement Payments to Participating Class Members have been distributed.

Based on the information you will confirm in your submitted Claim Form, your Individual Settlement Payment will be determined based on the following:

Master Class students

75% of the Net Settlement Amount will be allocated to payment of Master Class students who submit a claim form. Each Master Class student’s Individual Settlement Payment shall be the total of all tuition paid for each Master Class taken.  For example, if a Master Class student enrolled in only one Master Class during the Class Period, his or her Individual Settlement Payment would be equal to the per Master Class tuition paid.  If he or she enrolled in two or more Master Classes during the Class Period, his or her Individual Settlement Payment would be the total of all Master Class tuition paid.  No Master Class student reimbursement shall be for more than 100% of the tuition paid for any individual Master Class. Any amount allocated towards Master Classes that is not utilized as set forth herein shall be used towards the General Class disbursements.

General Class students

25% of the Net Settlement Amount (plus any residual unused Master Class allocation) will be allocated to payment of General Class students who submit a Claim Form.  This allocation will be divided evenly among all students who paid monthly tuition during the Class Period and who submit a Claim Form, to come up with a “General Class tuition amount.”  If a General Class student also enrolled in one or more Master Classes during the Class Period, his or her Individual Settlement Payment would be the total of both the Master Class amount and the General Class tuition amount.

Depending on the number of Participating Class Members in the General Class settlement, each Participating Class Member will receive up to four months of full monthly tuition or $1200.  Any remaining funds from the General Class settlement fund will be used to cover Administrative Costs in excess of $16,000 and any additional funds shall be paid to the National Women’s Law Center.

There will be no reversion of any of the Gross Settlement Amount, Common Fund or Net Settlement Amount to Defendants.

You must have submitted a claim form by the claim filing deadline, which has since passed, to receive a payment. The court has granted final approval in this matter and Individual Settlement Payments to Participating Class Members have been distributed.

If you did nothing before the claim filing deadline, you will not be considered a Participating Class Member.  You will not receive an Individual Settlement Payment, and you will not release any of the Released Claims.

Individual Settlement Payments were distributed on April 6, 2023 to all Participating Class Members. If you have not received your payment, please contact the Settlement Administrator by phone at 1-877-917-0090 or by email at info@studio4settlement.com.

If you are deemed a Participating Class Member by virtue of completing, signing and timely submitting your Claim Form and upon the date on which Defendants fully fund the settlement, you shall be deemed to have fully, finally, and forever released Defendants and each of their predecessors and successors, as well as their current, former and future parents, subsidiaries, affiliated companies, fiduciaries, insurers, agents former and current employees, assigns, subrogees, privies, officers, officials, directors, administrators, attorneys, contractors, and shareholders (“Releasees”), from any and all charges, complaints, claims, promises, agreements, controversies, suits, demands, costs, losses, debts, actions, causes of action, damages, judgments, obligations, liabilities and expenses of whatever kind and character, known or unknown, suspected or unsuspected, including any claims for attorneys’ fees and costs of the Participating Class Members, individually, and on behalf of their spouses, family members, agents, employees, representatives, successors, attorneys and assigns that were pleaded or could have been pleaded, of any kind or nature, whether known or unknown, suspected or unsuspected, based upon or arising from or relating to the factual allegations set forth in the Complaint (with the exclusion of claims related to sexual exploitation, which are not released herein except as to the Named Plaintiffs) filed in this Action and arising at any time prior to the entry of the Preliminary Approval Order, including, without limitation, claims for: (1) violation of California Business & Professions Code Section 17200; (2) violations of the Consumer Legal Remedies Act; (3) Untrue and Misleading Advertising; (4) breach of contract; (5) breach of the implied covenant of good faith and fair dealing; (6) negligent misrepresentation; (7) fraud; (8) false promise; and (9) unjust enrichment.

By submitting a valid and timely Claim Form, and therefore becoming a Participating Class Member, you are not releasing claims for sex discrimination, sexual harassment, or interference with the exercise of civil rights, which are not released herein except as to the Named Plaintiffs.  Those claims are being dismissed without prejudice.  To the extent the statute of limitations on such claims has not already run, you will not be barred from pursuing such claims against Defendants by your participation in this Settlement. The only claims being released are those pertaining to the fraud claims.

If you do not wish to participate in the Settlement, you need not do anything.  If you do not submit a valid and timely Claim Form, you will not be considered a Participating Class Member and you will be excluded from the Settlement.  You will not receive an Individual Settlement Payment and you will not release the Released Claims set forth in FAQ 10, above.

If you wish to object or otherwise be heard concerning this Settlement, you need to submit a valid and timely, Claim Form and provide the Settlement Administrator with written notice of your intent to object to or comment on this Settlement.  To be considered timely, the notice must be served on the Settlement Administrator no later than December 4, 2022. The date of the postmark on the envelope or the date the email or fax was sent shall be the exclusive means used to determine whether the objection has been timely submitted.

The notice should set forth any and all objections/comments to this Settlement and include any supporting papers and arguments.  Either of the Parties may file a responsive document to any notice of intent to object or appear with the Court no later than five business (5) days before the Final Approval and Fairness Hearing.

If you object to the Settlement, and if you submitted a valid and timely Claim Form, you will still remain a Participating Class Member of the Settlement Class, and if the Court approves the Settlement, you will be bound by all the terms of the Settlement including the Released Claims against Releasees.

If the court approves the Settlement despite any objections, you will receive your Claim Amount and will be bound by the terms of the Settlement (including the Released Claims described in FAQ 10 above). You will receive notice of final judgment via email.

You do not need to hire your own attorney for this Settlement, as you are represented by Class Counsel. However, if you wish to be represented by your own lawyer, you may hire one at your own expense.

The Court granted final approval to the settlement on February 15, 2023. Within 40 days of the Final Approval Date, the Settlement Administrator shall issue Individual Settlement Payments to Participating Class Members via electronic gift card unless a Participating Class Member elects an alternative electronic payment method made available to them.

If you timely submit a valid written objection, you may appear in person or through your own attorney (at your own expense) at the Final Approval Hearing, but you do not have to. If you send an objection, you do not have to come to Court to talk about it.  As long as you submitted your written objection on time, the Court will consider it.

Regardless of whether you submitted a timely objection, the Court will hear from any Class Member who attends the Final Approval Hearing and asks to speak regarding his or her objection. All Class Members who attend the Final Approval Hearing must comply with the Court’s current social distancing procedures. As of the date the Notice received court approval, there are no longer social distancing requirements in the courthouse.

As a Participating Class Member, if you have a different email address than the one we initially emailed or if you move or change your address after providing us with your address, and you want to continue to receive information and /or your Individual Settlement Payment at your new email address, you must send notice of your change to the Settlement Administrator.

The Notice is a summary of the basic terms of the Settlement.  For the precise terms and conditions of the Settlement, you should consult the Joint Stipulation of Settlement and Release, which is on file with the Clerk of the Court, Case No. 19STCV35156, Los Angeles County Superior Court, 312 North Spring Street, Los Angeles, CA 90012 or go online at https://www.lacourt.org/documentimages/pacommerce/login.aspx?appId=IMG&casetype=CIV and follow the instructions using the case name and number identified above.  You may also contact the Settlement Administrator at 1-877-917-0090 and/or Class Counsel listed in FAQ 13.

The deadline to submit

• Valid Claim Form
• Notice of Objection to Settlement

is December 4, 2022.

PLEASE DO NOT WRITE OR TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT, INSTEAD CONTACT THE SETTLEMENT ADMINISTRATOR OR CLASS COUNSEL WITH ANY QUESTIONS