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At Commercial Division Part 49 of the Supreme Court of New York, County of New York, held at the Courthouse thereof, 60 Centre Street New York, New York 10007, on June 26, 2007 PRESENT: Hon. Herman Cahn, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------x DANA GROSS, on behalf of herself and : all others similarly situated, : Index No. 600504/02 : (Cahn, J.) Plaintiff, : : -against- : : TICKETMASTER, TICKETMASTER L.L.C., : ORDER AND MADISON SQUARE GARDEN, L.P., SFX : FINAL JUDGMENT ENTERTAINMENT, INC., and : WORLD EVENTS, L.L.C., : : Defendants. : ---------------------------------------------------------------x A Stipulation and Agreement of Compromise and Settlement (the “Stipulation”) of this action having been presented to the Court on the 2nd day of February, 2007, for approval, and upon reviewing and considering (1) the papers heretofore filed in this action; (2) the Stipulation; (3) the Notice of Proposed Settlement of Class Action and Application for Attorneys’ Fees (the “Notice”) with proof of mailing thereof to Identified Class Members (as defined in the Stipulation); (4) proof of publication of said Notice in accordance with this Court’s prior Order dated February 8, 2007; (5) the preparation and maintenance of a website providing information about the Stipulation and proposed settlement (the “Settlement Website”) and (6) Plaintiff counsel’s Application for Attorneys’ Fees (the “Application”), and a hearing having been duly held on the 1st day of June, 2007, with respect to the advisability of the proposed settlement and compromise, and the Court having on that date heard counsel for the respective parties, and no one having appeared in opposition to the proposed settlement, due deliberation having been had thereon, and this Court concluding that settlement of this action as set forth in the Stipulation fairly, adequately, and properly protects the interests of the Settlement Class Members (as defined in the Stipulation) it is hereby ORDERED, ADJUDGED, AND DECREED that the parties hereto are hereby authorized and empowered to settle and compromise this action on the terms and conditions contained in the Stipulation (which is attached as Exhibit A hereto); and it is further ORDERED, ADJUDGED, AND DECREED that the action shall be certified as a class action pursuant to Article 9 of the New York Civil Practice Law and Rules. The Settlement Class shall be defined as:All persons who purchased tickets, from any of the Defendants, for seats in sections 408-420, 315-329, 211-219, 111-119, and 65-69 in the arena located in New York City, New York known as Madison Square Garden for the September 7, 2001 or September 10, 2001 concerts entitled “Michael Jackson: 30th Anniversary Celebration, The Solo Years” whose views of the stage were obstructed. and it is further ORDERED, ADJUDGED, AND DECREED that the Plaintiff Dana Gross shall be appointed as the Settlement Class Representative, and Peter M. Agulnick, Esq., of the law office of Peter M. Agulnick, P.C. shall be appointed as Class Counsel; and it is further ORDERED, ADJUDGED, AND DECREED that only those Settlement Class members who purchased tickets to the concerts described above (the “Concerts”) who are “Eligible Class Members” (as that term is defined in the Stipulation) shall be entitled to any benefits conferred by the Defendants in connection with this settlement; and it is further ORDERED, ADJUDGED, AND DECREED that upon the Effective Date (as that term is defined in the Stipulation) the Eligible Class Members shall be entitled to the following benefits to be conferred upon them by the Defendants: a. Each Eligible Class Member shall be eligible to receive a coupon (the “Coupon”) entitling such Eligible Class Member to a $28.00 rebate on the purchase of a future ticket for a concert held at Madison Square Garden that is promoted by LiveNation Worldwide, Inc. (hereinafter a “Qualified Event”) pursuant to the redemption process described in the Stipulation. Upon the Effective Date, a listing of such Qualified Events will be maintained by Defendants on the Settlement Website; b. Each Eligible Class Member shall be eligible to receive one Coupon for each ticket in the Applicable Sections (as that term is defined in the Stipulation) that such Eligible Class Member purchased for the Concerts. Each Coupon shall entitle the Eligible Class Member to a $28.00 rebate for the full-price purchase of a ticket for a Qualified Event, but in no event may the Coupons be aggregated to enable a discount larger than $28.00 to be obtained on any single ticket; c. Such Coupons shall be redeemable for two years from the date stamped upon said Coupon (which shall be the Effective Date) and must be redeemed within sixty days after the Qualified Event for which such Coupon is redeemed (as described in further detail in the Stipulation); and it is further ORDERED, ADJUDGED, AND DECREED that within 10 days from the Effective Date, Defendants shall pay to Plaintiff’s counsel attorney’s fees in the amount of $40,000; and it is further ORDERED, ADJUDGED, AND DECREED that upon the Effective Date of the settlement (as defined in the Stipulation) the Plaintiff and each of the Settlement Class Members, including, but in no way limited to, the Eligible Class Members, on behalf of themselves and each of their predecessors, successors, parents, subsidiaries, affiliates, custodians, agents, assigns, representatives, heirs, executors, trustees, administrators, and any other Person having any legal or beneficial interest in the action, will be deemed by this settlement to have, and by operation of this Order and Final Judgment will have, released and forever discharged the Released Parties from any and all of the Released Claims (as those terms are defined in the Stipulation); and it is further ORDERED, ADJUDGED, AND DECREED that upon the Effective Date, Plaintiff and all Settlement Class Members, including, but in no way limited to, the Eligible Class Members, and anyone claiming through or on behalf of any of them, will be forever barred and enjoined from commencing or prosecuting any action or other proceeding in any court of law or equity, arbitration tribunal, or administrative forum, directly, representatively or derivatively, asserting any of the Released Claims against any of the Released Parties (as those terms are defined in the Stipulation); and it is further ORDERED, ADJUDGED, AND DECREED that the parties are hereby authorized and empowered to execute all proper papers and releases therefor, and it is further ORDERED, ADJUDGED, AND DECREED that this action is hereby fully and completely discontinued with prejudice. ENTER /s/ Herman Cahn, J.S.C.
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