Comedy Partners Class Action Settlement

Comedy Partners’ records show that you are or were a party to a Recording Contract with Comedy Partners whose works have been distributed by digital audio transmission via SiriusXM Radio pursuant to such Recording Contracts between May 19, 2013, and up to and including December 31, 2022. A settlement has been reached in the Actions against Comedy Partners that affects your legal rights.

Judge Vernon S. Broderick of the United States District Court for the Southern District of New York, who is overseeing the settlement of the Actions, ordered that members of the Settlement Class whose works have been distributed by digital audio transmission via SiriusXM Radio pursuant to such Recording Contracts (the “Settlement Class”) be sent notice because each member of the Settlement Class has a right to know about the proposed Settlement and their legal rights and options available before the Court decides whether to finally approve the Settlement.

In a class action lawsuit, one or more people, called class representatives, assert claims on behalf of themselves and other people. All of these people together are called a class or class members. In a class action, one court resolves the issues for all class members, except those who specifically ask to be excluded from the class, thus providing the class members with both consistency and efficiency. When class representatives reach a proposed settlement with defendants in a class action, the proposed settlement must be approved by the court. After court-approved notice is provided to the potential class members, the court holds a hearing, which class members can attend, to determine, among other things, that the settlement is fair, reasonable, adequate and in the best interests of the class.

On November 1, 2022, Plaintiff Michael Kaplan, individually and on behalf of all others similarly situated, filed a class action complaint in the United States District Court for the Southern District of New York against Comedy Partners, captioned Kaplan v. Comedy Partners, No. 22 Civ. 9355 (VSB) (S.D.N.Y.), alleging that Defendants have underpaid royalties to parties to licensing agreements or recording contracts (the “Recording Contracts”) with Comedy Partners whose works have been distributed by digital audio transmission via SiriusXM Radio between May 19, 2013 and December 31, 2022, pursuant to such Recording Contracts.

Similarly, on March 21, 2023, Plaintiffs Joseph Zimmerman, Anthony DeVito, and Sean Donnelly, each individually and on behalf of all others similarly situated, filed a class action complaint in the United States District Court for the Southern District of New York against Paramount Global and Comedy Partners, captioned Zimmerman, et al. v. Paramount Global et al., No. 23 Civ. 2409 (VSB) (S.D.N.Y.), alleging that Defendants have underpaid royalties to parties to licensing agreements or Recording Contracts with Comedy Partners whose works have been distributed by digital audio transmission via SiriusXM Radio between May 19, 2013 and December 31, 2022, pursuant to such Recording Contracts.

There was no trial to determine the truth of the allegations in the Actions. Instead, the parties agreed to a Settlement of all legal claims in the Actions. Comedy Partners denies any fault, wrongdoing or liability and has agreed to the Settlement to avoid the expense, risk, delay, and uncertainty of further litigation.

No. The Court has only decided that members of the Settlement Class should receive the Class Notice so they can review the proposed Settlement and determine whether to participate, object, or exclude themselves from the Settlement.

If you received the Class Notice, then Comedy Partners’ records indicate that you are a member of the Settlement Class and are, therefore, affected by this proposed Settlement. You are a member of the Settlement Class if you are included in the below definition of the Settlement Class:

All persons and entities, their agents, successors in interest, affiliates, assigns, heirs, executors, trustees, and administrators who are or were parties to Recording Contracts with Comedy Partners whose works have been distributed by digital audio transmission via SiriusXM Radio pursuant to such Recording Contracts between May 19, 2013, and up to and including December 31, 2022.

Rather than engage in prolonged and risky litigation, the parties, with the help of a retired Judge serving as a mediator, were successful in reaching the Settlement. The Settlement requires the Defendants to create an $11 million Settlement Fund for the benefit of the Class in exchange for a release of the Class Members’ claims related to the allegations in the Actions. By resolving the case, the parties avoid the expense, risk, delay, and uncertainty of further litigation, and members of the Settlement Class receive the settlement payments described herein. By entering into the Settlement, Comedy Partners is not admitting liability. Further, the Class Plaintiffs and their counsel believe that the Settlement is in the best interest of the Class.

Comedy Partners has agreed to pay eleven million dollars ($11,000,000.00) to settle the Actions. Members of the Settlement Class who do not request to be excluded from the Settlement will (a) receive their Class Member Pro Rata Share (a legal term meaning proportional share) of the Net Settlement Fund (the “Class Member Pro Rata Share” is defined in FAQ 11, below), and (b) release all legal claims they may have against Comedy Partners that were or could have been raised in the Actions, other than certain “Retained Claims” defined in FAQ 17 below.

For more information about the Class Member Pro Rata Shares, see FAQ 11 below. For more information about the legal claims you will release if you do not exclude yourself from the Settlement, see FAQ 17 below. For more information about the options you have regarding the Settlement, see FAQs 18 through 22 below. For information on how to obtain additional information about the Settlement or the Actions, see FAQ 24 below.

The Court has appointed the following attorneys as Class Counsel for settlement purposes to represent you and other members of the Settlement Class: Laurie Rubinow of Miller Shah LLP; Neville L. Johnson, Douglas L. Johnson, and Melissa N. Eubanks of Johnson & Johnson LLP; Daniel L. Warshaw and Bobby Pouya of Pearson Warshaw, LLP; Scott A. Kamber of Kamber Law, LLC; Benjamin J. Sweet, Jonathan D. Miller, and Margaret A. Parker of Nye, Stirling, Hale, Miller & Sweet, LLP.

You may contact Class Counsel at:

You do not have to pay Class Counsel. Subject to Court approval, Class Counsel will be paid for their fees and costs from the Settlement Fund (see FAQ 16 below).

You do not need to hire your own lawyer because Class Counsel are working on your behalf, unless you exclude yourself from participation in the Settlement by opting out by the deadline, as described in FAQ 19 below. Nonetheless, you may hire your own lawyer if you wish. If you hire your own lawyer, you are responsible for paying that lawyer.

The Settlement Administrator is a third party appointed by the Court to send the Class Notice, facilitate payments to members of the Settlement Class, and otherwise administer the Settlement according to the terms agreed to by the parties and approved by the Court. You should contact the Settlement Administrator if you have updated contact information. You may also contact the Settlement Administrator to object to the Settlement or request exclusion from the Settlement Class. You may contact the Settlement Administrator at:

Comedy Partners Class Action Settlement
P.O. Box 2893
Portland, OR 97208-2893
Toll-Free: 1 (888) 619-3844
Email: info@CCRSettlement.com

Comedy Partners has agreed to pay eleven million dollars ($11,000,000.00) to settle the Actions, which is the total amount of money Comedy Partners is required to pay under the terms of the Settlement Agreement. That amount, together with any interest earned thereon from the date it is wired to the Settlement Administrator, will constitute the Settlement Fund.

If you do nothing, and if the Settlement is finally approved by the Court, you will receive a payment in the amount of your Class Member Pro Rata Share of the Net Settlement Fund (as defined in FAQ 11 below). Prior to any payments made to members of the Settlement Class, Comedy Partners has agreed to pay from the Settlement Fund the cost of the Settlement Administrator, the amount of any Incentive Award approved by the Court, and the amount of any Attorneys’ Fees and Expenses awarded to Class Counsel (see FAQs 14, 15, and 16 below).

Each Settlement Class Member will receive their Class Member Pro Rata Share of the Net Settlement Fund (i.e., ratio of the total number of plays of the individual Class Member’s Recordings, compared to the total number of plays of all Class Member Recordings [in the aggregate] via the SiriusXM Radio platform during the period May 19, 2013 through December 31, 2022), after the deduction from the Settlement Fund of (1) any award of Attorneys’ Fees and Expenses, (2) any Incentive Award, and (3) any Notice and Administration Costs. For the avoidance of any doubt, the Class Member Pro Rata Shares will be calculated based on the

following formula:

1. [A] ($11,000,000.00 minus Attorneys’ Fees and Expenses minus Incentive Award(s) minus Notice and Administration Costs)
2. X
3. [B] (the # of Plays of Each Individual Class Member’s Recordings transmitted via SiriusXM Radio between May 19, 2013 and December 31, 2022) divided by (the total # of plays of all Class Member Recordings)

The Court will hold a Fairness Hearing on July 22, 2025 (see FAQ 23 below) to consider whether the Settlement should be approved. If the Court approves the Settlement, after entry of the Final Approval Order, Comedy Partners will need to transfer to the Settlement Administrator the funds necessary to make the payments called for by the Settlement. The Settlement Administrator will then make payment to members of the Settlement Class after the Final Approval Order becomes effective.

You will have the right to elect to be paid by check sent via First-Class Mail or by electronic payment (if feasible) such as PayPal, Venmo, or ACH. If you make no election, you will be paid by check.

Any checks not cashed after one hundred eighty (180) days from the date of the class-wide distribution shall be void. After the deadline to cash checks has passed, the funds from all uncashed payments will be returned to Comedy Partners and credited for the same amount to those members of the Settlement Class with an uncashed payment into the respective Settlement Class Member’s account with Comedy Partners. For the avoidance of any doubt, the above-described return of uncashed Class Member Pro Rata Shares is not a reversion (meaning the money will not belong to Comedy Partners), but rather an alternative way of delivering to each Settlement Class Member their pro rata share of the Net Settlement Fund.

In the event you fail to timely cash your check, the Settlement will remain binding on you, and the release of legal claims described in FAQ 17 below will remain in effect.

Comedy Partners has agreed to pay all reasonable fees, costs, and expenses related to the administration of the Settlement or otherwise incurred by the Settlement Administrator in an amount not to exceed $28,000. The payment of such fees, costs, and expenses will be paid from the Settlement Fund and deducted prior to the calculation of each Settlement Class Member’s pro rata share of the Net Settlement Fund.

In class action lawsuits, the court may provide class representatives an incentive award in recognition of the time and effort they expended and the risks they took in litigating the case on behalf of the class. In the Actions, Comedy Partners has agreed not to object to a request for an Incentive Award in an amount not to exceed $5,000 to each of the Class Plaintiffs: Michael Kaplan, Joseph Zimmerman, Anthony DeVito, and Sean Donnelly. The total amount of any Incentive Award(s) approved by the Court will be paid from the Settlement Fund and deducted prior to the calculation of each Settlement Class Member’s pro rata share of the Net Settlement Fund.

To date, Class Counsel have not received any payment for their services for handling the Actions and have not been reimbursed for any of their out-of-pocket expenses. Any fees and expenses awarded to Class Counsel by the Court will be paid by from the Settlement Fund and deducted prior to the calculation of each Settlement Class Member’s pro rata share of the Net Settlement Fund.

Class Counsel will ask the Court to approve payment of their attorneys’ fees of up to $3,666,666.66 and reimbursement for costs and expenses incurred in the prosecution of the lawsuit not to exceed $100,000.00. Class Counsel will file a motion for attorneys’ fees and costs by May 5, 2025, and a copy of the motion will be made available on the Important Documents page of this website.

Upon final approval of the Settlement by the Court, members of the Settlement Class who do not request to be excluded from the Settlement by timely opting out as described in FAQ 19 below will fully release all legal claims that were or could have been alleged in the Actions, except for specified “Retained Claims,” defined below. Claims released specifically include any claims based upon, arising out of, relating to, concerning, or involving (i) any and all contracts entered into by any Settlement Class Member with Defendants relating to the production, distribution, and exploitation of recordings covered by said contracts (the “Class Member Recordings”) pertaining to royalties or other payments due arising from the distribution of such Recordings via the SiriusXM platform from May 19, 2013 through December 31, 2022, and (ii) any claims for copyright infringement of any kind arising from or relating to the distribution and exploitation by Defendants of the Class Member Recordings, via any and all platforms or media now known or hereafter devised. When these claims are “released,” it means that a person covered by the release cannot sue Comedy Partners or the other released parties for these legal claims.

The release does not include the following Retained Claims: (i) any claims Class Members may have for royalties due under the Class Members’ Recording Contracts arising from the distribution of Class Member Recordings (a) on platforms other than SiriusXM, and (b) via the SiriusXM platform for any time period after December 31, 2022, and (ii) any claims Class Members may have under 17 U.S.C. § 201 in the literary works that may be embodied in the Class Member Recordings for purposes of any exploitation of such rights (unrelated to the Class Member Recordings) not prohibited by their respective Recording Contract.

The full terms of the release are provided in Paragraphs 15 through 17 of the Settlement Agreement in necessary legal terminology. Please see FAQ 24 below for instructions on how to obtain a copy of the Settlement Agreement and further information about the Actions.

You do not need to do anything to participate in the Settlement. If you received the Class Notice, Comedy Partners’ records indicate you are a member of the Settlement Class and, so long as you do not request to be excluded from the Settlement, you will automatically receive your pro rata share of the Net Settlement Fund and will release claims as set forth in FAQ 17 above without any further action on your part, if the Settlement is finally approved by the Court.

If you do not want to receive a payment under the Settlement, or if you want to keep any right you may have to sue Comedy Partners for the claims alleged in the Actions, then you must exclude yourself or “opt out” of the Settlement.

If you wish to be excluded from the Settlement, you must opt out by sending a letter to the Settlement Administrator (at the address set forth in FAQ 9 and copied for convenience in the following paragraph) stating that you wish to be excluded from or opt out of the Settlement. This opt-out request must be sent by First-Class Mail, postage prepaid and postmarked by June 9, 2025. The opt-out request must clearly state your name and address and be personally signed by you. It must also clearly express your intent to be excluded from the Settlement of the Actions.

The Settlement Administrator’s address is:

Comedy Partners Class Action Settlement
P.O. Box 2893
Portland, OR 97208-2893

If you opt out of the Settlement, you will keep your rights to sue Comedy Partners for the legal claims alleged in the Actions. However, you will not be entitled to receive your pro rata share of the Net Settlement Fund or any other payment from the Settlement.

If you do not timely mail a valid opt-out request to the Settlement Administrator, you will be bound by all terms and conditions of the Settlement or judgment, including its release of legal claims.

If you do not opt out of the Settlement, you may object to the Settlement by filing a letter with the Court (and copying the Settlement Administrator) noting your objection to the Settlement by June 9, 2025. The objection letter must include the following information and be personally signed by you:

1. your name, address, email address, telephone number, and the contact information for any attorney retained by you in connection with your objection or otherwise in connection with the Actions
2. a statement of the factual and legal basis for your objection and any exhibits you wish the Court to consider in connection with your objection
3. a statement as to whether you intend to appear at the Fairness Hearing, either in person or through counsel, and, if through counsel, identifying the counsel by name, address, and telephone number
4. all other objections to class settlements submitted by you or your counsel to any Court within the United States within the last 5 years, if any, including the total number of such objections and the case and court information in which each such objection was asserted

The address for filing an objection with the Court is as follows:

Clerk of Court
U.S. District Court for the Southern District of New York
Daniel Patrick Moynihan United States Court House
500 Pearl Street
New York, NY 10007-1312
Re: Zimmerman v. Paramount Global, No. 23 Civ. 2409 (VSB)

The Settlement Administrator’s address is:

Comedy Partners Class Action Settlement
P.O. Box 2893
Portland, OR 97208-2893

The objector or their counsel (if any) must file the objection(s) and supporting materials with the Court and provide a postmarked copy of the objection(s) and supporting materials to the Settlement Administrator at the above address no later than June 9, 2025. If an objector is represented by an attorney for the purposes of making an objection, a notice of appearance by the objector’s attorney must be filed with the Court no later than June 9, 2025.

For more information about the Fairness Hearing, see FAQ 23 below. If you do not comply with the foregoing procedures and deadlines for submitting your objection to the Settlement, you may lose your right to contest approval of the proposed Settlement as well as your right to appear and be heard at the Fairness Hearing. Any objector consents to the jurisdiction of the Court for the purposes of any proceeding relating to their objection, including any appropriate discovery or other orders issued by the Court relating to the objection.

If the Court agrees with your objection, or the objection of any other member of the Settlement Class, then there is no settlement. If you object, but the Court denies your objection and any other objection(s), then you will be bound by all terms and conditions of the Settlement, including its release of claims or a judgment.

Objecting is telling the Court that you do not believe the Settlement is fair, reasonable, and adequate for the Class, and asking the Court to reject it. You cannot object to the Settlement unless you are a member of the Settlement Class, which means that you can object only if you do not opt out of the Settlement. If you object to the Settlement and do not opt out, then you are entitled to a payment if the Settlement is finally approved by the Court, but you will release the legal claims you might have against Comedy Partners regarding the legal issues released by the Settlement.

Excluding yourself from or opting out of the Settlement is telling the Court that you do not want to be part of the Settlement and that you do not want to receive a payment or release any legal claims you might have against Comedy Partners for the legal claims released by the Settlement.

Anyone who submits both an objection and a request to opt out shall be deemed to have opted out of the Settlement.

If you do nothing, and if the Settlement is approved, then you will receive your pro rata share of the Net Settlement Fund. You will give up the right to sue Comedy Partners regarding the legal claims you might have against Comedy Partners for the legal claims alleged in the Actions.

The Court will hold a Fairness Hearing in Courtroom 518 of the United States District Court for the Southern District of New York located at 40 Foley Square, New York, NY 10007, on July 22, 2025, at 10:00 a.m. to decide whether to grant final approval of the Settlement. This hearing may be postponed or rescheduled by the Court without additional notice to members of the Settlement Class. Members of the Settlement Class may appear at the Fairness Hearing in person, by audio, or by video. General information about the Court is available at https://www.nysd.uscourts.gov.

At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate for the Settlement Class. If there are objections, the Court will consider them, provided that a valid and timely objection was submitted. The Court may also decide how much to award Class Counsel for Attorneys’ Fees and Expenses and how much each Class Plaintiff should receive as an Incentive Award.

Members of the Settlement Class do not need to appear at the hearing or take any other action to indicate their approval of the Settlement. Class Counsel will answer any questions the Court may have. However, you may attend if you desire to do so at your own expense or by hiring an attorney to appear on your behalf if you would like. If you submit a written objection to the Settlement, you do not have to attend the hearing to discuss it; as long as you timely submitted the objection with the requisite information, the Court will consider it. However, you also may attend if you desire to do so at your own expense.

This website provides a summary of the basic terms of the Settlement. For the Settlement’s complete terms and conditions, consult the Settlement Agreement and other documents in the Actions. More information about the Actions can be obtained through several methods:

1. You can contact the Settlement Administrator by mail, telephone, or email (contact information in FAQ 9 above).
2. You can contact Class Counsel by mail, telephone, or email (contact information in FAQ 8 above).
3. You can visit the Important Documents page of this website to obtain certain key documents in the Actions free of charge.
4. For a small fee, all of the pleadings and other records in this litigation, including the Settlement Agreement, may be examined online through a service of the United States Judiciary called PACER, which is an acronym for Public Access to Court Electronic Records, which can be accessed at https://nysd.uscourts.gov/programs/records/pacer.

PLEASE DO NOT CALL OR OTHERWISE CONTACT THE COURT, THE CLERK OF COURT, REPRESENTATIVES OF COMEDY PARTNERS, OR COUNSEL FOR COMEDY PARTNERS FOR INFORMATION REGARDING THIS NOTICE OR SETTLEMENT.