NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
on behalf of himself and all others similarly situated,
CIVIL ACTION NO. 94- 98789
JURY TRIAL DEMANDED
A. Nature and History of the Lawsuit
Michael Jackson (hereinafter, "the Defendant") is an entertainer and performer whose activities have made him particularly vulnerable to potential tort and contract actions, and has been named in multiple lawsuits in this District Court (hereinafter, "the Court") and others within adjacent jurisdictions. Subsequent to comprehensive negotiations, the parties have elected to settle these lawsuits via class action, as provided for in the Federal Rules of Civil Procedure.
THIS SETTLEMENT IN NO WAY REFLECTS AN ADMISSION OF LIABILITY ON THE PART OF DEFENDANT, NOR IS IT INTENDED TO INFLUENCE THE ONGOING INVESTIGATION OR OUTCOME OF CRIMINAL CHARGES RELATED TO ANY OF THESE ALLEGATIONS. Rather, the suits are being settled in the interests of (1) enabling the Defendant to transact the regular course of his affairs in an unfettered manner, (2) reducing undue strain on the judicial system, and (3) liberating the news media to cover the O.J. Simpson trial more fully.
B. Proposed Settlement of the Action
The settlement provides for creation by Defendant of a Settlement Fund consisting of an entity to be known as the BAD Investment Trust (hereinafter, "the Trust"), beneficial interests in which will be apportioned among members of the class according to a formula too complicated to describe herein but outlined in detail in the complete Settlement Agreement.
The corpus of the Trust will be composed of Defendant's presently held, unencumbered assets, with specific exceptions. [Certain assets have been set aside to satisfy the outcome of an action against the Defendant for dissolution of marriage, which, although as-yet not filed nor at issue in this proceeding, is anticipated as a matter of due course.]
The primary assets to be managed by the Trust include, but are not limited to:
wholesale proprietorship in Lost Boys L.P., a limited partnership owning and operating Evereverland, a family resort located on a parcel of 1,245 acres of partially improved property in the Santa Ynez Valley of Southern California (plat of survey and legal description of which are on file with the Court). Site includes such amenities as a full-scale amusement park and video arcade; climate-controlled conservatory, aviary, and herpetological laboratories; zoological display facilities; a museum of medical curiosities; and a thirty-six room residence featuring recording studio, indoor pool, screening room, and a separate playhouse ideally suited for pajama parties, all protected by an extensive state-of-the-art security system;
the contents of three warehouses located in West Covina, California, containing more than fifty thousand cases of beverages manufactured by the Pepsi-Cola Company (slightly fire-damaged); and
a 42-percent interest in the La Cienega Reconstructive Surgery Clinic and Day Spa.
C. Identification of the Settlement Class
The Court has defined the Settlement Class to include:
All persons or entities who have had personal, business, professional, or imaginary dealings with Michael Jackson before the date of adoption of this Agreement by the Court, which dealings may have given rise to any cause of action whatsoever, whether or not it has any basis in fact or conceivability of prevailing in a judiciary proceeding.
D. The Right to Participate in or Be Excluded From the Settlement
As a Class Member, you may participate in or be excluded from the Settlement. Members of the Settlement Class who wish to participate in the Settlement Fund must file a Claim Form as provided below.
IF YOU WISH TO PURSUE AN INDIVIDUAL CLAIM BY LITIGATION, ARBITRATION, EXTORTION, OR OTHERWISE YOU MUST REQUEST EXCLUSION. OTHERWISE, IF THE SETTLEMENT IS APPROVED, YOU WILL NOT BE ABLE TO PURSUE CLAIMS AGAINST DEFENDANT NO MATTER WHAT YOU DO OR WHO YOUR LAWYER IS.
E. Process for Filing Claims
Attached to this notice is a CLAIM FORM, which must be completed by Settlement Class members and submitted to the Clerk of the Court if they wish to participate in the Settlement Fund. Upon receipt, the Court will send a detailed description of the methods for distributing proceeds from the Trust (hereinafter referred to as "the Bonanza").
To the Clerk of the District Court for the Central District of California, Western Division:
UNDER PENALTY OF PERJURY, I hereby certify under the laws of the United States of America, that my personal and/or business dealings with Michael Jackson have included transactions or occurrences giving rise to one or more of the following causes of action:
[check all those that apply]
promoting the moral turpitude of a minor
invasion of privacy
breach of promise
breach of contract and unjust enrichment
tortious interference in business
alienation of affections
intentional infliction of emotional distress
Date and Place of Incident
Estimate of Monetary Damages
If Suit Already Filed, Which Jurisdiction?
Length of Skid Marks, if any
I further certify under penalty of perjury that I have not previously received any compensation for damages suffered as a result of any of these occurrences, with the exception of appearance fees or other complimentary payments made by representatives of print or broadcast media. In consideration for participation in the settlement described herein, I hereby release Michael Jackson, his agents, heirs, and assigns, from any and all claims related to any of the above.