IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

PHILIP CHARVAT on behalf of himself and ) 

others similarly situated, ) 

 ) 

Plaintiff, ) Case No. 1:12-cv-05746 

 ) 

v. ) Judge Andrea R. Wood 

 ) 

ELIZABETH VALENTE, RESORT ) Magistrate Judge Mary Rowland 

MARKETING GROUP, INC., CARNIVAL ) 

CORPORATION & PLC, ROYAL CARIBBEAN ) 

CRUISES, LTD., and NCL (Bahamas) Ltd., ) 

 ) 

 Defendants. ) 

ORDER ON PARTIES’ JOINT REQUEST TO AMEND 

PUBLICATION NOTICE PLAN AND TO APPROVE 

SUPPLEMENTAL E-MAIL NOTICE TO CLASS AS TO 

ANTICIPATED PRO RATA DISTRIBUTION 

On July 6, 2017, this Court issued an Order Preliminarily Approving Class Action 

Settlement, Conditionally Certifying Settlement Class, Approving Notice Plan and Setting Final 

Approval Hearing (“Order”). (DE #576). Thereafter, as detailed in the Parties motion, the 

proposed Settlement received extensive media attention on outlets across the United States. As a 

result, the consumer response to this Settlement has been great. Thereafter, the Parties jointly 

petitioned this Court for several adjustments to the Order to adapt to consumer response to the 

Settlement. These adjustments are approved as follows: 

1. Given the demonstrated extensive notice reach obtained to date by both the Class 

Administrator, and as supplemented extensively by media coverage of this 

Settlement, the Court instructs the Class Administrator to cease all notice 

expenditures immediately in order to preserve the maximum amount of funds to be 

paid to Class Members. 

2. Given the number of claims filed, to date, by Class Members (over 2,000,000), the 

per consumer recovery in this case will be pro rata of the Settlement Fund and, if 

final approval is granted, will likely amount to several dollars per Class Member. 

Case: 1:12-cv-05746 Document #: 596 Filed: 10/03/17 Page 1 of 3 PageID #:22783
The Court agrees that Class Members should be advised promptly of the number of 

claims filed in this case and of the expected individual recovery. These Class 

Members could then elect to opt out of the Settlement by November 3, 2017. The 

Court hereby approves Exhibit A as a supplemental e-mail notice to consumers so 

advising them and approves the expenditure by the Class Administrator of $27,500 

to accomplish this task. The Court also approves that a banner be added to the 

settlement web-site similarly advising consumers that their recovery in this case 

will be pro rata. 

IT IS SO ORDERED. 

Entered: October 3, 2017 _______________________________________ 

 ANDREA R. WOOD 

 UNITED STATES DISTRICT JUDGE 

Case: 1:12-cv-05746 Document #: 596 Filed: 10/03/17 Page 2 of 3 PageID #:22784
Exhibit A 

A federal court authorized this supplemental e- Email Notice. 

It is not a solicitation from a lawyer. 

 You are receiving this email because the Settlement Administrator in the Charvat v. Resort 

Marketing Group, Inc. et al. class action lawsuit received a claim from you that included 

this e-mail address as a means of contact. 

 The Court has authorized this supplemental e-mail Notice to inform consumers who have 

filed claims that, to date, over two million claims have been filed seeking to recover from a 

Settlement Fund expected to total $12.5 million. 

 Based on the number of claims received, the individual recovery per consumer will be a 

pro rata share of the Settlement Fund. The exact per consumer recovery is still unknown, 

but it is expected to be a few dollars per Class Member, or less. This pro rata disbursement 

is consistent with the terms of the Settlement Agreement and the Settlement 

Administrator’s prior notice. To review this notice, please click HERE. Social media and 

news reports that stated class members would receive $900 each were inaccurate. 

 Settlement Class Members interested in considering their options under these 

circumstances should visit www.RMGTCPASettlement.com and review the “Frequently 

Asked Questions” document that details the rights of Class Members. 

 Consumers have until November 3, 2017 to file a claim, to opt out of the Settlement or to 

object to the Settlement. 

Case: 1:12-cv-05746 Document #: 596 Filed: 10/03/17 Page 3 of 3 PageID #:22785