IMG Worldwide Class Action Settlement Website

The purpose of this website is to provide a summary of the information contained in the Notice of Proposed Class Action Settlement ("Class Notice") regarding the class action lawsuit Carden v. IMG Worldwide, LLC Case No. 162501/2014.  For more detailed information, you may download the Class Notice, Claim Form and Release, and other documents regarding the proposed settlement ("Settlement") from the Case Documents section.

Summary

A lawsuit was filed by a former unpaid intern alleging that Defendants violated the New York Labor Law by failing to pay interns minimum wages.  The current plaintiff in the action, Richard Carden (“Named Plaintiff”), for himself and others whom he claims are similarly situated, seeks to recover allegedly unpaid minimum wages as well as interest, attorneys’ fees, costs, and other relief. 

Releasees deny that they violated the law or that they owe any interns wages.  Releasees deny any liability and maintain that they have consistently acted in accordance with all governing laws at all times.  To avoid the burden, expense, inconvenience, and uncertainty of continued litigation, however, Releasees have concluded that it is in their best interests to resolve and settle the lawsuit, without admitting any wrongdoing or liability, and by entering into a settlement agreement (“Agreement”).

The lawsuit is presently pending in the Supreme Court of the State of New York, County of New York.  The Court has not made any decision on the merits of Plaintiffs’ claims in the lawsuit or whether the case, in the absence of this settlement, may proceed as a class and/or collective action. 

YOUR RIGHTS AND OPTIONS

Submit a Claim Form and Release, Substitute W9 Form, and identification document:

To participate in the Settlement and receive a share of the settlement fund, you must: (1) fully and timely complete and sign the Claim Form and Release and the Substitute IRS Form W-9, and (2) timely mail, email, or fax, (i) the executed Claim Form and Release, (ii) the Substitute IRS Form W-9, and (iii) a copy of a government-issued or other acceptable form of identification, such as a passport, college identification card, or driver’s license, to the Settlement Administrator. 

Your (1) Claim Form and Release, (2) Substitute IRS Form W-9, and (3) government-issued or college identification must be postmarked, faxed, or emailed to the Settlement Administrator on or before October 2, 2017.  If you are an Unverified Class Member (if your Notice was mailed after August 2, 2017), your deadline to provide the documents is January 29, 2018

Exclude yourself from the Settlement:

If you do not wish to participate in this proposed settlement, and/or you want to keep the right to sue or continue to sue Releasees on your own about the legal issues in this case, or which could have been brought in this case, then you must take steps to exclude yourself from this lawsuit.  If you intend to exclude yourself, you must fax, email or mail a written, signed statement to the Settlement Administrator stating “I opt-out of the IMG intern lawsuit” or words to that effect which clearly express your desire to exclude yourself from this settlement and this case.  You must include your name, address, and telephone number in the statement (“Opt-out Statement”).  To be effective, the Opt-out Statement must be mailed, faxed or emailed to the Settlement Administrator on or before 90 days following August 2, 2017 or within 180 days of the date your Notice was mailed if it was mailed to you after August 2, 2017.  

Object to the terms of the Settlement:

If you do not opt-out of the settlement, you can object to the settlement if you don't like any part of it.  You can give reasons why you think the Court should not approve it.  The Court may consider your views.  If the Court rejects your objection, you will still be bound by the terms of the settlement.

To object, you must send a letter saying that you object to the settlement of the IMG intern case.  If you wish to appear before the Court to be heard, you must specifically request so in your objection letter.  Your statement must include all reasons for your objection and any supporting documentation in your possession.  Your statement must also include your name, address, email address, and telephone number.  If you wish to present your objection, you must state your intention to do so in your written objection.  Your objection will not be heard unless it is postmarked, faxed or emailed to the Settlement Administrator, on or before 90 days following the date that this Notice was postmarked

Do nothing:

If you choose not to participate in the settlement, if you opt-out or if you do not timely and properly return your Claim Form and Release, substitute IRS Form W-9, a copy of a government-issued or college identification, and additional proof of internship (for Unverified Class Members only), then you will not receive any money from this settlement. 

If you do not return a Claim Form and Release, but do not opt-out, you will release your state law claims (“Released State Law Claims”) and you will not be able to sue Releasees on your own for unpaid wages or related matters under state law.  Please review Exhibit A to the enclosed Claim Form and Release for a complete explanation of all Released State Law Claims.  You will retain any claims you may have under federal law.

 

Case Relevant Event

Date

Claim Form and Release, Substitute W9 Form, and Identification Document Submission Deadline for Verified Class Members

Monday, October 2, 2017

Claim Form and Release, Substitute W9 Form, and Identification Document Submission Deadline for Unverified Class Members

Monday, January 29, 2018

Exclusion Request Submission Deadline

Tuesday, October 31, 2017