Amended Complaint

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ROBERT JAHODA, and APRIL NGUYEN,
individually and on behalf of all others
similarly situated,

Plaintiffs,
v.
REDBOX AUTOMATED RETAIL, LLC,
Defendant.

Civil Action No. 2:14-cv-01278-LPL

Judge Lisa P. Lenihan

CLASS ACTION SETTLEMENT AGREEMENT AND
RELEASE OF CLAIMS FOR INJUNCTIVE AND DECLARATORY

RELIEF PURSUANT TO FED. R. CIV. P. 23(b)(2)

This Class Action Settlement Agreement (the “Agreement”) dated as of November 23, 2015, is entered into, for good and valuable consideration, by and between, Robert Jahoda and April Nguyen (the “Class Representatives” or “Plaintiffs”), on behalf of themselves and the Class members as defined herein, with the assistance and approval of Class Counsel, on the one hand, and Redbox Automated Retail, LLC. (“Redbox” or “Defendant”), with the assistance of their counsel of record in the “Litigation,” on the other hand. The Settling Parties agree that the Litigation and the Released Claims shall be fully and finally compromised, settled and released, and the Litigation shall be dismissed with prejudice, as to Redbox upon the terms and conditions as set forth herein.

WHEREAS, the Litigation was commenced by Plaintiffs, individually and on behalf of an alleged class of persons and such Litigation is currently pending;

WHEREAS, in the Litigation, the Class Representatives allege that Defendant violated Title III of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and its implementing regulations (the “ADA”) and seeks, in all 50 states and the District of Columbia except California, solely injunctive relief, declaratory relief, attorneys’ fees and litigation costs as permitted by the ADA. The Plaintiffs do not seek relief in California.

WHEREAS, Plaintiffs allege specifically that Redbox video-rental kiosks are inaccessible to the blind and visually impaired in violation of the ADA as is set forth more fully in Plaintiffs’ Amended Complaint;

WHEREAS, Redbox denies Plaintiffs’ claims, denies any liability to Plaintiffs or any member of the alleged or proposed class, and denies any wrongdoing of every kind;

WHEREAS, Plaintiffs and Redbox agree that it is desirable that the Litigation be settled upon the terms and conditions set forth below to avoid further expense and uncertain, burdensome and potentially protracted litigation and to resolve all claims that have been or could have been asserted; and

WHEREAS, the Settling Parties have engaged in arm’s-length settlement negotiations, including an in-person mediation session with experienced mediator Arthur H. Stroyd, Jr., and Class Counsel represent that they have conducted a thorough study and investigation of the law and the facts relating to the claims that have been or might have been asserted in the Litigation and have concluded, taking into account the benefits that Class Representatives and the Class Members will receive as a result of this Settlement Agreement and the risks and delays of further litigation, that this Settlement Agreement is fair, reasonable and adequate and in the best interests of Plaintiffs and the Class;

WHEREAS, because the relief available to private litigants under the ADA is limited to injunctive and declaratory relief, as well as attorneys’ fees and litigation costs, Plaintiffs’ claims are asserted under Fed. R. Civ. P. 23(b)(2);

NOW THEREFORE, intending to be legally bound and acknowledging the sufficiency of the consideration and undertakings set forth in this Agreement, the Settling Parties agree, subject to the approval of the Court and the provisions contained in this Agreement, that the Litigation and the Released Claims against Redbox are fully and finally compromised, settled and released, and that this Litigation shall be dismissed with prejudice as follows:

  1. Conditional Nature of Settlement Agreement. This Class Action Settlement Agreement and Release, including all associated exhibits and attachments, is made for the sole purpose of attempting to consummate settlement of this action on a class-wide basis. The Settlement Agreement is made in compromise of disputed claims. The Settlement Agreement is intended by the Settling Parties to fully, finally and forever resolve, discharge and settle the Released Claims upon and subject to the terms and conditions set forth in this Agreement. Because this action was pled as a class action pursuant to Fed. R. Civ. P. 23(b)(2), this settlement must receive approval by the Court.
  2. Effect of Disapproval. In the event that the Court does not execute and file the Order Granting Approval of Settlement, or in the event that the associated Judgment does not become Final for any reason, this Settlement Agreement shall be deemed null and void ab initio, it shall be of no force or effect whatsoever, it shall not be referred to or utilized for any purpose whatsoever, and any negotiations, terms and entry of the Settlement Agreement shall remain subject to the provisions of Federal Rule of Evidence 408 and any similar state law.
  3. Denial of Liability; No Admissions. Redbox denies all of the claims as to liability, damages, penalties, interest, fees, restitution and all other forms of injunctive and declaratory relief as well as the class action allegations asserted in the Litigation. Neither this Settlement Agreement, nor any of its terms and provisions, nor any of the negotiations connected with it, shall be construed as an admission or concession by Redbox of any legal violations, any legal requirement or any failure to comply with any applicable law. Except as necessary in a proceeding to enforce the terms of this Settlement Agreement, this Settlement Agreement and its terms and provisions shall not be offered or received as evidence in any action or proceeding to establish any liability or admission on the part of Redbox or to establish any condition constituting a violation of or non-compliance with federal, state, local or other applicable law, or the propriety of class certification in any proceeding or action. The Settling Parties expressly agree and represent that, in the event that the Court does not approve the Settlement Agreement, or any appellate court disapproves of the Settlement Agreement in any way that prevents the Settlement from becoming final and effective, no Party will use or attempt to use any conduct or statement of any other Party in connection with this Agreement or any effort to seek approval of the Settlement to affect or prejudice any other Party’s rights in any ensuing litigation. Redbox has agreed to resolve the Litigation through this Settlement Agreement, but to the extent this Settlement Agreement is deemed void or the Effective Date does not occur, Redbox does not waive, but rather expressly reserves, all rights to challenge all such claims and allegations in the Litigation upon all procedural and factual grounds, including without limitation the ability to challenge class action treatment on any grounds or assert any and all defenses or privileges. Redbox expressly reserves all rights and defenses as to any claims and does not waive any such rights or defenses in the event that the Settlement Agreement is not approved for any reason. Plaintiffs and Class Counsel agree that Redbox retains and reserves these rights and agree not to take a position to the contrary; specifically the Class Representatives and Class Counsel agree not to argue or present any argument, and hereby waive any argument, that Redbox could not contest class certification on any grounds if this Litigation were to proceed.
  4. Definitions.

    As used in all parts of this Settlement Agreement, the following terms have the meanings specified below:

    1. “Class” means all Legally Blind individuals who have attempted, or will attempt, to use Redbox Kiosks in all 50 states and the District of Columbia except California.
    2. “Class Counsel” means the law firm of Carlson Lynch Sweet & Kilpela, LLP.
    3. “CAFA Notice” means the notice of this Settlement Agreement that will be provided to applicable federal and state regulators (except California) pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, no later than 10 days after the proposed settlement is filed with the Court. A copy of the CAFA Notice is attached to this Settlement Agreement as Exhibit B3.
    4. “Court” means the United States District Court for the Western District of Pennsylvania.
    5. “Effective Date” means the date on which the Judgment becomes Final, unless there are no objections to the settlement, in which circumstance the Effective Date will be the date of the entry of Judgment.
    6. “Final” means the latest of: (i) the date of final affirmance of the last pending appeal of the Judgment; (ii) the date of final dismissal with prejudice of the last pending appeal from the Judgment; or (iii) if no appeal is filed, the expiration date of the time for the filing or noticing of any form of valid appeal from the Judgment.
    7. “Final Approval” means the approval of this Agreement by a United States District Court judge under Federal Rule of Civil Procedure 23(e) after Notice to the Settlement Class and a Fairness Hearing.
    8. “Kiosk” means a Redbox-branded automated kiosk located in all 50 states and the District of Columbia except California that dispenses standard format DVDs, Blu-ray discs, or video games.
    9. “Legally Blind” individuals include all persons with visual impairments who meet the legal definition of blindness in that they have a visual acuity with correction of less than or equal to 20 x 200 in the better eye, or they have a visual field limitation such that the widest diameter of the visual field, in the better eye, subtends an angle no greater than 20 degrees, as measured with a Goldmann III4e or equivalent size stimulus. Some people who meet this definition have limited vision. Others have no vision.
    10. “Litigation” or the “Lawsuit” means the lawsuit captioned Jahoda, et al. v. Redbox Automated Retail, LLC, United States District Court for the Western District of Pennsylvania, Case No. 14-cv-01278-LPL.
    11. “CAFA Notice Deadline” means the deadline for provision of the CAFA Notice 10 days after the filing of the Notice of Class Action Settlement and Intent to Provide CAFA Notice.
    12. “Notice” or “Class Notice” means notice of this agreement as provided in Section 7 herein, including Notice to the Settlement Class regarding the terms of this Settlement Agreement, attached as Exhibits B1 (the Long Form Notice) and B2 (the Short Form Notice) or materially identical thereto and objection procedures pursuant to Section 7 herein.
    13. “Preliminary Approval” means the initial approval by the Court of the terms of this agreement, which shall occur prior to any Notice being provided to the Settlement Class in accordance with Section 7.1 herein. A draft Proposed Order Granting Motion for Preliminary Approval of Class Settlement is attached as Exhibit A.
    14. “Redbox” means Redbox Automated Retail, LLC, and any of its directors, officers, managers, members, employees, partners, principals, agents, shareholders, attorneys, accountants, auditors, advisors, consultants, personal or legal representatives, tenants, households, predecessors, successors, parents, subsidiaries, affiliates, divisions, heirs, assigns, or related or affiliated entities of Redbox Automated Retail, LLC.
    15. “Released Claims” means, individually and collectively, any and all claims (including without limitation Unknown Claims as defined herein), demands, rights, liabilities and causes of action for injunctive or declaratory relief relating to the subject matter of the Lawsuit, including, without limitation, statutory, constitutional, contractual or common law claims, whether known or unknown, whether or not concealed or hidden, contingent or vested, against Redbox, that arose, had arisen, or could have arisen on or after September 17, 2008 and the effective date of entry of Final Approval of this Agreement. The “Released Injunctive Claims” also include all claims, rights, demands, charges, complaints, actions, suits, causes of action, or liabilities of any kind for injunctive or declaratory relief based on conduct that occurs after Final Approval of this Agreement and during the Term of this Agreement to the extent that such claims arise out of or relate to actions, omissions, or conduct that are in compliance with the terms of this Agreement.
    16. “Settlement Hearing” or “Fairness Hearing” means a hearing set by the Court to take place no earlier than one hundred (100) days after filing the Notice of Class Action Settlement and Intent to Provide CAFA Notice for the purpose of (i) determining the fairness, adequacy and reasonableness of the Settlement Agreement and associated settlement pursuant to class action procedures and requirements; and (ii) entering Judgment. Pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715(d), an order approving a proposed settlement should not be issued earlier than 90 days after the date on which the appropriate Federal official and the appropriate State official are served with the notice required under 28 U.S.C. § 1715(b).
    17. “Settlement Agreement” means this Agreement and Release, and all of its attachments and exhibits, which the Settling Parties understand and agree sets forth all material terms and conditions of the Settlement between them and which is subject to Court approval. It is understood and agreed that Redbox’s obligation to implement the Settlement Relief contemplated by this Agreement is contingent upon the Court’s approval of the Settlement and the occurrence of the Effective Date. Also, it is understood and agreed that Redbox’s obligation to pay Class Counsels’ fees and costs is conditioned upon the Court’s approval of the Settlement and will be paid in accordance with Section 8.1.
    18. “Settlement Relief” In all 50 states and the District of Columbia except California, Redbox shall modify at least one of its Kiosks at each retail location where a Kiosk is in place as of the date of the entry of Judgment in this matter by adding a headphone jack to the Kiosk, and a tactile symbol indicating that the headphone jack is available. By making the modifications, Redbox shall ensure that when a legally blind consumer plugs a standard size headset into the headphone jack, that consumer will be provided with audio instructions regarding how to access a specially trained Redbox customer service representative who will then assist the consumer with a rental or return at the Kiosk. Customer service representatives who are specially trained to provide this service will be available during Redbox’s regular customer service hours. The modifications described in this Paragraph shall begin no later than September 1, 2016 and shall be completed within 18 months, or by March 1, 2018. Redbox shall provide certification of compliance with the terms of this Paragraph to Class Counsel by certified, first-class mail by April 1, 2018. Class Counsel shall have the right (and fully intends) to monitor compliance with this settlement by testing Kiosks which have been modified. To facilitate Class Counsels’ ability to perform such testing, Redbox shall provide quarterly reports to Class Counsel, commencing no later than January 1, 2017, listing the locations where Kiosks have been modified during the preceding quarter. The quarterly reports shall not be required after Redbox provides the certification of compliance referenced above.
    19. “Settling Parties” or “Parties” means Redbox and the Class Representatives on behalf of themselves and any and all Class Members.
    20. “Unknown Claims” means any Released Claims which the Class Representatives or any Class Member does not know or suspect to exist in his, her or its favor at the time of the entry of the Judgment, and which, if known by him, her or it might have affected his, her or its settlement with and release of Redbox. The Class Representatives and each Class Member may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of the Released Claims, but the Class Representatives and each Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which then exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, reckless, intentional, with or without malice, or a breach of any duty, law, regulation or rule, without regard to the subsequent discovery or existence of such different or additional facts. The Class Representatives acknowledge, and the Class Members shall be deemed by operation of the Judgment to have acknowledged, that the foregoing waiver was separately bargained for and a key element of the settlement of which this release is a part.
  5. Motion for Approval.

    Prior to the Settlement Hearing and consistent with the rules established by the Court, the Class Representatives shall move (and Redbox shall not oppose) the Court for entry of the Order of Approval (and the associated entry of Judgment). A copy of the Proposed Order Granting Final Approval of Settlement and a copy of the Proposed Judgment are attached hereto as Exhibits C and D respectively. Also prior to the Settlement Hearing, Class Counsel shall file a Motion for Fees and Costs, consistent with this Settlement Agreement. The Class Representatives and Class Counsel shall be responsible for justifying the agreed upon payments set forth in this Settlement Agreement. To the extent possible, the motion seeking entry of the Order of Approval shall be noticed for the same day as the Settlement Hearing. The Settling Parties shall take all reasonable efforts to secure entry of the Order of Final Approval. If the Court rejects the Settlement, fails to enter the Order of Final Approval, or fails to enter the Judgment, this Settlement Agreement shall be void ab initio.

  6. Release.

    Upon the Effective Date, the Class Representatives and each of the Class Members (for themselves and their respective heirs, executors, administrators, affiliates, successors and assigns) shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, dismissed with prejudice, relinquished and discharged all Released Claims.

  7. Preliminary Approval, Notice to the Settlement Class, and Objections.
    1. Promptly after execution of this Agreement, the Parties shall (1) jointly file the Agreement, including the attached Exhibits, with the Court; (2) file a joint motion for preliminary approval of the Agreement with the Court; and (3) notify the Court of the filings and request entry by the Court, on the earliest date acceptable to the Court, of the Preliminary Approval and the Proposed Scheduling Order attached as Exhibit A.
    2. Notice Procedures. Class Counsel will submit Notice to the National Federation of the Blind and American Council of the Blind for publication to provide Notice to the Settlement Class utilizing the Notice attached as Exhibit B2, and in accordance with the plan described in the Declaration of Benjamin J. Sweet attached to the Preliminary Approval Motion being filed with the Joint Motion for Preliminary Approval and attached thereto as Exhibit 2. Publication Notice submitted to the American Council of the Blind will be published in the January 2016 issue of the ACB Braille Forum and publication Notice submitted to the National Federation of the Blind will be published in the January 2016 issue of The Braille Monitor. A website link contained in the Notice will direct Class Members to a website maintained by Class Counsel, www.redboxadasettlement.com, which will host additional information regarding the Settlement Agreement.
    3. At least fourteen (14) days before the Fairness Hearing, Class Counsel will provide a declaration to the Court, attesting that they disseminated notice consistent with this Settlement Agreement.
    4. Objection Procedures: The Parties shall ask the Court to order the following procedures for objections: Any Settlement Class Member may object to the proposed Agreement by filing, within sixty (60) days of the publication Notice to the Settlement Class in accordance with Section 7.2 herein, written objections with the Clerk of the Court. Only such objecting Settlement Class Members shall have the right, and only if they expressly seek it in their objection, to present objections orally at the Fairness Hearing. Responses by Redbox and Class Counsel to any timely-filed objections shall be made no less than fourteen (14) business days before the Fairness Hearing.
  8. Payment of Costs, Attorney Fees and to the Class Representatives.
    1. Subject to Court approval, Class Counsel shall receive $397,000.00 from Redbox for all attorney fees and allowable litigation costs and expenses (the “Settlement Fund”). The $397,000.00 shall be payable within 5 (five) calendar days of the date of the Final Approval Order and shall be wired directly to a bank account maintained by Class Counsel. Attorneys’ fees and expenses awarded by the Court shall be payable, notwithstanding the existence of any timely filed objections thereto, or potential for appeal therefrom. Payments made pursuant to this Paragraph shall constitute full satisfaction of any claim for fees and/or costs, and the Class Representatives and Class Counsel, on behalf of themselves and all Class Members, agree that they shall not seek nor be entitled to any additional attorney fees or costs under any theory. The Class Representatives and Class Counsel agree that they shall be responsible for justifying the amount of this cost and fee payment to the Court, and they agree to submit the necessary materials to justify this payment along with the motion for final approval of the Settlement Agreement. Redbox agrees to not oppose Class Counsel’s submission regarding, or request for approval of, this payment of fees or costs provided it is consistent with this Settlement Agreement. Class Counsel shall provide counsel for Redbox with the pertinent taxpayer identification number and a Form W-9 for reporting purposes. Other than any reporting of this fee payment as required by this Settlement Agreement or law, which Redbox shall make, Class Counsel and the Class Representatives shall alone be responsible for the reporting and payment of any federal, state and/or local income or other form of tax on any payment made pursuant to this Paragraph. In the event that the Judgment or any order awarding fees, expenses, charges, and costs to Class Counsel pursuant to this Paragraph is reversed or modified by final non-appealable order, or if the Settlement is cancelled or terminated for any reason, then Class Counsel shall be jointly and severally obligated to make appropriate refunds or repayments of the Settlement Fund, plus interest earned thereon at the same rate as earned on the Settlement Fund, within twenty (20) business days from receiving notice from Defendant’s counsel or from a court of competent jurisdiction.
    2. On behalf of Plaintiff Robert Jahoda, in his personal capacity only, Class Counsel shall request a Plaintiff incentive payment in the gross amount of $2,500.00 for Mr. Jahoda to be paid by Redbox. This amount shall be payable on the Effective Date. This payment shall be compensation and consideration for Mr. Jahoda’s efforts on behalf of the Class in the Litigation. Redbox agrees to not to oppose the submission regarding incentive payments for Mr. Jahoda.
    3. On behalf of Plaintiff April Nguyen, in her personal capacity only, Class Counsel shall request a Plaintiff incentive payment in the gross amount of $2,500.00 for Ms. Nguyen to be paid by Redbox. This amount shall be payable on the Effective Date. This payment shall be compensation and consideration for Ms. Nguyen’s efforts on behalf of the Class in the Litigation. Redbox agrees to not to oppose the submission regarding incentive payments for Ms. Nguyen.
  9. Termination of Settlement.

    In the event that the Settlement Agreement is not approved by the Court or the settlement set forth in the Settlement Agreement is terminated, cancelled, declared void or fails to become effective in accordance with its terms, or if the Judgment does not become Final, or to the extent termination, cancellation or voiding of the Settlement Agreement is otherwise provided, no payments shall be made or distributed to anyone in accordance with the terms of this Settlement Agreement. The Settling Parties will bear their own costs and fees with regard to the efforts to obtain Court approval, and this Settlement Agreement shall be deemed null and void with no effect on the Litigation whatsoever, except Class Counsel shall be jointly and severally obligated to make appropriate refunds or repayments of the Settlement Fund. In such event, the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc.

  10. Miscellaneous Provisions.
    1. The Settling Parties (a) acknowledge that it is their intent to consummate this agreement; and (b) agree to cooperate to the extent reasonably necessary to effect and implement all terms and conditions of the Settlement Agreement and to exercise their best efforts to accomplish the foregoing terms and conditions of the Settlement Agreement.
    2. The Settlement Agreement compromises claims which are contested in good faith, and it shall not be deemed an admission by any of the Settling Parties as to the merits of any claim or defense. The Settling Parties agree that the amounts paid in Settlement and the other terms of the settlement were negotiated in good faith by the Settling Parties, and reflect a settlement that was reached voluntarily after consultation with competent legal counsel.
    3. Neither the Settlement Agreement, nor any act performed or document executed pursuant to, or in furtherance of, the Settlement Agreement: (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claim, or of any wrongdoing or liability of Redbox; or (b) is or may be deemed to be or may be used as an admission of, or evidence of, any fault or omission of the Releasee, or any of them, in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal.
    4. All of the exhibits to the Settlement Agreement are material and integral parts hereof and are fully incorporated herein by this reference.
    5. Except as otherwise provided in this Agreement, each party shall bear its own attorneys’ fees and costs. All Class Members will be responsible for paying any and all income taxes that may be due as a result of their participation in the settlement described in this Agreement.
    6. The Settlement Agreement constitutes the entire agreement among the Settling Parties hereto and no representations, warranties or inducements have been made to any party concerning the Settlement Agreement or its exhibits other than the representations, warranties and covenants contained and memorialized in such documents. This Agreement supersedes any and all prior oral or written understandings, agreements, and arrangements between the Parties with respect to the settlement of the Litigation and the Released Claims. Except those set forth expressly in this Agreement, there are no other agreements, covenants, promises, representations, or arrangements between the Parties with respect to the settlement of the Litigation and the Released Claims. This Agreement may be altered, amended, modified, or waived, in whole or in part, only by a writing signed by all Parties to this Agreement, and may not be altered, amended, modified, or waived, in whole or in part, orally or by an unsigned writing of any kind.
    7. Class Counsel, on behalf of the Class, are expressly authorized by the Class Representatives to take all appropriate action required or permitted to be taken by the Class pursuant to the Settlement Agreement to effect its terms, and also are expressly authorized to enter into any modifications or amendments to the Settlement Agreement on behalf of the Class which they deem appropriate. Each Party to this Settlement Agreement warrants that he, she, or it is acting upon his, her, or its independent judgment and/or upon the advice of his, her, or its own counsel, and is not acting in reliance upon any warranty or representation, express or implied, of any nature or kind by any other Party, other than the warranties and representations expressly made in writing in this Agreement.
    8. Each counsel or other Person executing the Settlement Agreement or any of its exhibits on behalf of any party hereto hereby warrants that such Person has the full authority to do so.
    9. The Settlement Agreement may be executed in one or more counterparts. All executed counterparts and each of them shall be deemed to be one and the same instrument.
    10. This Settlement Agreement shall be binding upon, and inure to the benefit of, the heirs, administrators, executors, successors and assigns of the Parties hereto; but otherwise this Settlement Agreement is not designed to and does not create any type of third party beneficiaries.
    11. The Court shall retain jurisdiction with respect to implementation and enforcement of the terms of the Settlement Agreement, and all parties hereto submit to the jurisdiction of the Court for purposes of implementing and enforcing the settlement embodied in the Settlement Agreement.
    12. The Settlement Agreement and the exhibits hereto shall be considered to have been negotiated, executed and delivered, and to have been wholly performed, in the Commonwealth of Pennsylvania, and the rights and obligations of the parties to the Settlement Agreement shall be construed and enforced in accordance with, and governed by, the internal, substantive laws of the Commonwealth of Pennsylvania without giving effect to that State’s choice of law principles.
    13. The language of all parts of this Settlement Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either party. No party shall be deemed the drafter of this Settlement Agreement. The parties acknowledge that the terms of the Settlement Agreement are contractual and are the product of negotiations between the parties and their counsel. Each party and their counsel cooperated in the drafting and preparation of the Settlement Agreement. In any construction to be made of the Settlement Agreement, the Settlement Agreement shall not be construed against any party. Any canon of contract interpretation to the contrary, under the law of any state, shall not be applied.
    14. The Class Representatives and Class Counsel shall not directly or indirectly cause any aspect of this Lawsuit or the terms of this Settlement Agreement to be reported to the media or news reporting services.

IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have caused the Settlement Agreement to be executed.

Dated: ROBERT JAHODA

Dated: APRIL NGUYEN

Dated: By: Redbox Automated Retail, LLC

Dated: AMANDA BEANE, Attorney for Defendant

Dated: R. BRUCE CARLSON, BENJAMIN J. SWEET, Attorneys for Plaintiffs