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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
If you received multiple texts from Shark Bar, a bar located in the
Kansas City Power & Light District, a class action lawsuit may affect your rights.
A Federal Court authorized this Notice. You are not being sued. This is not a solicitation from a lawyer.
A lawsuit has been filed against Beach Entertainment KC, LLC d/b/a Shark Bar (“Shark Bar”), The Cordish Companies,
Inc., and Entertainment Consulting International, LLC (together, the “Defendants”) claiming they violated the law by
sending multiple advertising text messages within a twelve-month period to telephone numbers registered on the
National Do-Not-Call Registry.
The Court decided this lawsuit should be a class action and certified a Class of individuals who were sent more than one
text message in a twelve-month period to a number registered on the National Do-Not-Call Registry.
The Court has not yet decided whether Defendants did anything wrong. There is no money available now and no
guarantee that there will be. Your legal rights may be affected, however, and you have a choice to make now:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
DO NOTHING
Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you will be bound by any order of the Court
in this case and
automatically keep the possibility of getting money or benefits that may come from a trial
or settlement. But you give up any rights to separately sue Defendants about the same legal
claims in this lawsuit.
ASK TO BE EXCLUDED
Get out of this lawsuit. Get no benefits from it. Keep rights.
If you ask to be excluded and money benefits are later awarded, you won’t share in those.
But you keep any rights to separately sue Defendants about the same legal claims in this
lawsuit.
Your options are explained in this Notice. To ask to be excluded, you must act before April 8, 2021. To remain a part
of the class action, you do not need to do anything.
If this case is not dismissed or settled before trial, lawyers must prove the claims against Defendants. If money or
benefits are obtained from Defendants, you will be notified about how to ask for a share.
BASIC
INFORMATION
1. Why was this Notice issued?
The Court authorized this Notice to explain that the Court has allowed, or “certified,” a class action lawsuit that may affect
you. You have legal rights and options that you may exercise in this case, as described below. Judge Nanette Kay Laughrey
of the United States District Court for the Western District of Missouri is overseeing this class action. The lawsuit is known
as Hand v. Beach Entertainment KC, LLC, et al., No. 4:18-cv-00668 (W.D. Mo.).
2. What is this lawsuit about?
This lawsuit claims that Defendants sent more than one text message advertisement within a twelve-month period to phone
numbers registered on the National Do-Not-Call Registry. The Court certified a Class alleging claims that, through this
conduct, Defendants violated the Telephone Consumer Protection Act ("TCPA") and its implementing regulations.
Defendants deny all claims against them or that they violated any law.
3. What is a class action and who is involved?
In a class action, one or more people called “Class Representatives” (in this case, J.T. Hand) sue on behalf of a group of people
who have similar claims. The people together are a “Class” or “Class Members.” The individuals who sueand all the Class
Members like themare called the Plaintiffs. The companies they sue (in this case Beach Entertainment LLC d/b/a Shark Bar,
The Cordish Companies, Inc., and Entertainment Consulting International, LLC) are called the Defendants. In a class action,
the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
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4. Why is this lawsuit a class action?
The Court decided that this lawsuit can be a class action because it meets the requirements of Federal Rule of Civil Procedure
23, which governs class actions in federal courts. Specifically, the Court found that:
The Class is sufficiently numerous because “there are at least thousands of members.”
There are questions of law or fact common to the Class because “whether Defendants sent ‘telephone solicitations’
and “whether Cordish and ECI can be held liable for the text messages sent by Shark Bar” are questions with
resolutions that “will be critical to the validity of the claims” and that can be resolved with respect to “each Class
Member’s claims in one stroke.”
Plaintiff’s claims are typical of those of the Class because his claims arise out of the same conduct and are premised
on the same legal theories as the rest of the Class, and that “his interests are sufficiently aligned such that he will
vigorously represent the Class.”
The representative parties are adequate because Hand’s “interest in the outcome of the case is sufficiently strong to
ensure vigorous representation” and because “Hand’s attorneys in this litigation have extensive experience
prosecuting TCPA class actions and will competently and vigorously represent” Hand and the Class in this action.
Common questions of law predominate over any questions affecting only individual members because Plaintiff’s
initial case can be established based on common evidence, and Defendants’ affirmative defenses do not raise
overriding individualized issues.
A class action is superior to other methods for fairly and efficiently adjudicating this case because “the costs of
prosecuting each Class Member’s claims individually would likely exceed each member’s damages.
More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order certifying the Class,
which is available in the “Court Documents” section of the website, or by accessing the Court docket in this case, for a fee,
through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.mowd.uscourts.gov, or by
visiting the office of the Clerk of the Court for the United States District Court for the Western District of Missouri, Western
Division, between 9:00 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.
THE CLAIMS IN THE LAWSUIT
5. What does the lawsuit complain about?
Plaintiff claims Defendants violated the Telephone Consumer Protection Act and its implementing regulations by sending
more than one text message advertisement in a twelve-month period to phone numbers registered on the National Do-Not-
Call Registry. You can read a copy of the Plaintiff’s Second Amended Class Action Complaint in the “Court Documents”
section of the website, through PACER, or by visiting the Clerk’s office (See Question #4).
6. How do Defendants answer?
Defendants deny that they did anything wrong, violated any law, or are liable in any way. You can read Defendants Answers
to Plaintiff’s Second Amended Class Action Complaint in the “Court Documents” section of the website, through PACER,
or by visiting the Clerk’s office (See Question #4).
7. Has the Court decided who is right?
No, the Court has not decided whether the Plaintiff or Defendants are correct. By certifying the Class and issuing this Notice,
the Court is not suggesting that the Plaintiff will win or lose this case. Unless the case settles, Plaintiff must prove his claims
at a trial or through legal motions to recover money.
8. What is the Plaintiff asking for?
The Plaintiff is asking the Court to award each Class Member monetary and punitive damages in an amount to be proven at
trial. Plaintiff is also asking the Court to state that Defendantsactions violated the law and to enter an order requiring that
Defendants institute procedures to ensure compliance with national do-not-call regulations.
9. Is there any money available now?
No money or benefits are available now because the Court has not decided whether Defendants did anything wrong, and
the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you
will be notified about how to ask for a share.
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WHO IS IN THE CLASS?
You need to determine whether you are affected by this lawsuit.
10. Am I part of the Class?
The Court certified a “Do-Not-Call Class("DNC Class") consisting of all individuals on either the SendSmart or Txt Live
Class Lists who received more than one text message from Shark Bar in any twelve-month period to a number included on
the National Do-Not-Call registry. SendSmart and Txt Live are computer programs that were used to send the text messages
in question. These programs kept lists of telephone numbers that were sent text messages allegedly promoting Shark Bar.
The SendSmart and Txt Live Class Lists include people that Shark Bar sent text messages to beginning on April 25, 2014.
If you fit these criteria, you may be a Class Member.
11. What if I’m still not sure if I am included?
If you are not sure whether you are included, you can call the Hand v. Beach Entertainment KC, LLC Class Action
Administrator at 1-866-749-1442. Or you can get free help by calling the lawyers in this case at the phone number listed in
Question # 21.
YOUR
RIGHTS AND OPTIONS
You have a choice about whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now.
12. What happens if I do nothing at all?
By doing nothing you are staying in the lawsuit. If you stay in the lawsuit you will be legally bound by all of the orders the
Court issues and judgments the Court makes in this class action. If the Plaintiff obtains money or benefits, either as a result
of any trial or settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any
settlement). Keep in mind that if you are a member of the Class and you do nothing now, regardless of whether the Plaintiff
wins or loses the legal motions or trial, you will not be able to separately sue, or continue to separately sue, Defendants as
part of any other lawsuit about the same legal claims that are the subject of this lawsuit.
13. Why would I ask to be excluded?
If you don’t want to be a part of this lawsuit, or if you want to pursue your own lawsuit against Defendants, you need to ask
to be excluded from the Class. If you exclude yourself from the Classwhich also means to remove yourself from the
Class, and is sometimes called “opting out” of the Classyou won’t get any money or benefits from this lawsuit if any are
awarded or obtained as a result of the trial, legal motions, or from any settlement (if the case is settled) between Defendants
and the Plaintiff. However, you will be able to separately start your own lawsuit against, or continue to separately sue,
Defendants for the same conduct at issue in this case. If you exclude yourself, you will not be legally bound by the Court’s
judgments in this class action.
If you continue or start your own lawsuit against Defendants after you exclude yourself, you’ll have to hire and pay your
own lawyer for that lawsuit, and you’ll have to prove your claims. If you exclude yourself so you can start or continue your
own lawsuit against Defendants, you should talk to your own lawyer soon because your claims may be subject to a statute
of limitations or other deadlines.
14. How do I ask the Court to exclude me from the Class?
To exclude yourself from the DNC Class, you must mail or otherwise deliver a letter or email stating that you want to be
excluded from Hand v. Beach Entertainment KC, LLC, et al., No. 4:18-cv-00668 (W.D. Mo.). Your letter or email request
for exclusion must include (i) your name and address, (ii) a statement that you received more than one text message from
Shark Bar in a twelve-month period while your phone number was registered on the National Do-Not-Call Registry, and
(iii) your signature. You must mail your exclusion request postmarked no later than April 8, 2021, to:
Hand v. Beach Entertainment KC, LLC Class Action Administrator
P.O. Box 43501
Providence, RI 02940-3501
info@sharkbarclassaction.com
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THE LAWYERS REPRESENTING YOU
15. Do I have a lawyer in the case?
The Court has appointed lawyers at the firms Edelson PC and Bill Kenney Law Firm, LLC to represent the Class. They are
called “Class Counsel.” They are experienced in handling similar class action cases. More information about these lawyers,
their law firms, and their experience is available at www.edelson.com and https://billkenneylaw.com.
The Court also appointed Plaintiff J.T. Hand, who is a member of the DNC Class, as the Class Representative.
16. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want to hire
your own lawyer, you certainly can, but you will have to pay that lawyer yourself. For example, you can ask him or her to
appear in Court for you if you want someone other than Class Counsel to speak for you.
17. How will the lawyers be paid?
If Class Counsel obtains money or benefits for the Class, they may ask the Court for attorneys’ fees and expenses. You
won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be
either deducted from any money obtained for the Class or paid separately by Defendants.
THE TRIAL
18. How and when will the Court decide who is right?
As long as the case is not decided through legal motions or settled, Class Counsel will have to prove the Plaintiff’s claims
at a trial. The trial will be heard at the Charles Evans Whittaker United States Courthouse, 400 E. 9th Street, Kansas City,
Missouri 64106. Once a date is set for trial, it will be posted on the case website: www.SharkBarClassAction.com. During
the trial, a jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiff or
Defendants are right about the claims in the lawsuit. There is no guarantee that the Plaintiff will win or that they will get
any money for the Class.
19. Do I have to come to the trial?
Unless otherwise notified, you do not need to attend the trial. Class Counsel will present the case for the Plaintiff and
Defendants will present their defenses. You or your own lawyer are welcome to come at your own expense.
20. Will I get money after the trial?
If the Plaintiff obtains money or benefits as a result of the trial or a settlement, you will be notified about how to apply for
a share or what your other options are at that time. Currently, we do not know if any benefits will be available or how long
this process will take.
GETTING
MORE INFORMATION
21. Where do I get more information?
This website www.SharkBarClassAction.com contains several Court Documents that contain additional information about
the case. It will be updated with the most current information about the lawsuit as it becomes available. You can also get
information about this case by accessing the Court docket, for a fee, through the Court’s Public Access to Court Electronic
(PACER) system at https://ecf.mowd.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States
District Court for the Western District of Missouri, Western Division, between 9:00 a.m. and 4:30 p.m., Monday through
Friday, excluding Court holidays. You may also write with questions to Hand v. Beach Entertainment KC, LLC Class Action
Administrator, P.O. Box 43501, Providence, RI 02940-3501. And you can call the Hand v. Beach Entertainment KC, LLC
Class Action Administrator at 1-866-749-1442 or Class Counsel at 1-866-354-3015, if you have any questions. Before doing
so, however, please read this full Notice carefully.