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 STIPULATION AND ORDER RE SUPPLEMENTAL MONETARY AWARD – CASE NO. 4:16-CV-07013-HSG 

870811.4

Guy B. Wallace (SBN 176151)

gwallace@schneiderwallace.com

Mark T. Johnson (SBN 76904)

mjohnson@schneiderwallace.com

SCHNEIDER WALLACE

COTTRELL KONECKY LLP

2000 Powell Street, Suite 1400

Emeryville, CA 94608

(415) 421-7100; (415) 421-7105 (Fax)

Linda M. Dardarian (SBN 131001)

ldardarian@gbdhlegal.com

Andrew P. Lee (SBN 245903)

alee@gbdhlegal.com

Katharine L. Fisher (SBN 305413)

kfisher@gbdhlegal.com

GOLDSTEIN, BORGEN, DARDARIAN & HO

155 Grand Avenue, Suite 900 

Oakland, CA 94612

(510) 763-9800; (510) 835-1417 (Fax)

Adam B. Wolf (SBN 215914)

awolf@peifferwolf.com 

Catherine Cabalo (SBN 248198)

ccabalo@peifferwolf.com

PEIFFER WOLF CARR KANE CONWAY & WISE

4 Embarcadero Center, 14th Floor

San Francisco, CA 94111

(415) 766-3592; (415) 402-0058 (Fax)

Attorneys for Plaintiffs and the Certified Classes

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

ABDUL NEVAREZ and PRISCILLA NEVAREZ, 

on behalf of themselves and all others similarly 

situated, and SEBASTIAN DEFRANCESCO, 

Plaintiffs,

vs.

FORTY NINERS FOOTBALL COMPANY, LLC, 

a Delaware limited liability company, et al.,

Defendants.

Case No.: 4:16-cv-07013-HSG 

STIPULATION AND ORDER 

REGARDING SUPPLEMENTAL

MONETARY AWARD FOR DAMAGES

CLASS MEMBER MARK KELLEHER

Before: Hon. Haywood S. Gilliam, Jr. 

Case 4:16-cv-07013-HSG Document 481 Filed 04/27/23 Page 1 of 4
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1 

 STIPULATION AND ORDER RE SUPPLEMENTAL MONETARY AWARD – CASE NO. 4:16-CV-07013-HSG 

870811.4

THIS STIPULATION is hereby entered into by and between Plaintiffs Abdul Nevarez, 

Priscilla Nevarez, and Plaintiff Sebastian DeFrancesco on behalf of themselves and all others similarly 

situated, and Defendants Forty Niners Football Company LLC, Forty Niners SC Stadium Company 

LLC, Forty Niners Stadium Management Company LLC, the City of Santa Clara and the Santa Clara 

Stadium Authority (collectively referred to as the “Parties”), by and through their respective counsel of 

record, as follows: 

WHEREAS, on March 9, 2020, the Court preliminarily approved the Parties’ class action 

settlement and directed notice to the injunctive relief and damages classes. ECF No. 392.

WHEREAS, the Settlement Administrator distributed the court-approved settlement notice on 

March 30, 2020, informing class members that the deadline for submitting a claim to receive a 

monetary award from the settlement fund was June 28, 2020. ECF No. 445. 

WHEREAS, pursuant the Settlement Agreement, Damages Class Members who submitted a 

valid and timely claim form were entitled to pro rata monetary awards between $4,000 and $80,000 

based on the number of events for which they were denied full and equal access at Levi’s Stadium 

during the class period of April 13, 2015 to March 9, 2020. ECF No. 375-2 (Settlement Agreement §

VIII). 

WHEREAS, pursuant to the Settlement Agreement, the Settlement Administrator conducted 

“an assessment of all Claim Forms to determine whether they present valid claims in accordance with 

the terms and provisions of [the Settlement] Agreement.” Id. (Settlement Agreement § VII.G). 

WHEREAS, if the Settlement Administrator was unable to determine the validity of a claim, it 

was required to notify the claimant in writing and provide the claimant thirty (30) days “to supplement 

or amend their Claim Form or provide such other information supporting the validity of [their] claim.” 

Id. (Settlement Agreement § VII.H).

WHEREAS, the Court granted final approval of the settlement on July 23, 2020. ECF No. 

416. 

WHEREAS, the Settlement Administrator completed the agreed-upon initial review by 

September 4, 2020, and informed Damages Class Members that any supplemental information 

supporting their claims was required to be postmarked or submitted electronically by October 5, 2020. 

Case 4:16-cv-07013-HSG Document 481 Filed 04/27/23 Page 2 of 4
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 STIPULATION AND ORDER RE SUPPLEMENTAL MONETARY AWARD – CASE NO. 4:16-CV-07013-HSG 

870811.4

WHEREAS, the Settlement Administrator issued settlement checks to all Damages Class 

Members on July 21, 2021; these checks were valid until July 23, 2022.

WHEREAS, approximately $770,000 currently remains in the settlement fund as a result of 

uncashed settlement checks. ECF No. 375-2 (Settlement Agreement § VIII.B). 

WHEREAS, Mark Kelleher, who is a Damages Class Member and longtime Forty Niners 

season ticket holder, submitted a valid claim form prior to the June 28, 2020 deadline. 

WHEREAS, despite being a season ticket holder and having attended numerous events at 

Levi’s Stadium during the class period, including both football games and concerts, Mr. Kelleher was 

credited with attending only four events by the Settlement Administrator. 

WHEREAS, in late 2020 and early 2021, Mr. Kelleher experienced serious health issues that 

required surgery to remove a brain tumor, among other treatments. 

WHEREAS, due to his medical condition, Mr. Kelleher did not dispute the Settlement 

Administrator’s determination that he had attended only four events at Levi’s Stadium during the class 

period; Mr. Keller received a monetary award of $15,957.32 based on four visits to the stadium. 

WHEREAS, the Parties agree that Mr. Kelleher attended more than 20 events at Levi’s 

Stadium during the class period, and should have received a maximum award of $80,000 pursuant to 

the Settlement Agreement.

WHEREAS, given the amount of residual funds, the Parties further agree that Mr. Kelleher 

should receive an additional $64,042.68 from the Damages Fund to provide him with the monetary 

award he would have received had he been credited with the number of events he actually attended. 

WHEREAS, the Parties are unaware of any other Damages Class Members who are seeking a 

supplemental award. 

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the 

Parties that the Settlement Administrator shall issue a check to Mr. Kelleher from the Damages Fund 

in the amount of $64,042.68 as a supplemental monetary award pursuant to the Settlement Agreement.

Case 4:16-cv-07013-HSG Document 481 Filed 04/27/23 Page 3 of 4
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STIPULATION AND [PROPOSED] ORDER RE SUPPLEMENTAL MONETARY AWARD – CASE NO. 4:16-CV-07013-HSG

870811.4

Dated: April 26, 2023 Respectfully submitted,

GOLDSTEIN, BORGEN, DARDARIAN & HO

/s/ Andrew P. Lee 

Andrew P. Lee 

Attorneys for Plaintiffs and the Certified Classes

Dated: April 26, 2023 RANKIN, SHUEY, RANUCCI, MINTZ, LAMPASONA & 

REYNOLDS 

/s/ Maria Lampasona

Maria Lampasona

Attorneys for Defendants

FORTY NINERS FOOTBALL COMPANY LLC, FORTY 

NINERS SC STADIUM COMPANY, LLC, FORTY 

NINERS STADIUM MANAGEMENT COMPANY, LLC 

CITY OF SANTA CLARA, SANTA CLARA STADIUM 

AUTHORITY

SIGNATURE ATTESTATION

The e-filing attorney hereby attests that concurrence in the content of the document and 

authorization to file the document has been obtained from each of the other signatories indicated by a 

conformed signature (/s/) within this e-file document. 

Dated: April 26, 2023 /s/ Andrew P. Lee

Andrew P. Lee 

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: __________________________ 

Hon. Haywood S. Gilliam, Jr. 

United States District Judge

April 27, 2023

Case 4:16-cv-07013-HSG Document 481 Filed 04/27/23 Page 4 of 4