Patino v. Film at Lincoln Center, Inc.

A Court authorized this website because you have a right to know about a proposed Settlement of this class action lawsuit and about options, before the Court decides whether to give final approval to the Settlement. The website and the Notice you were sent explain the lawsuit, the Settlement, and your legal rights.

The case is called Patino v. Film at Lincoln Center, Inc., Index No. 504682/2024, pending in the Supreme Court of the State of New York, County of Kings. The person who sued is called the Plaintiff. The Defendant is Film at Lincoln Center, Inc.

In a class action, one or more people called Class Representatives (in this case, Regina Patino) sue on behalf of a group or a “Class” of people who have similar claims. In a class action, the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

This lawsuit claims Defendant failed to properly disclose a ticket convenience fee for electronic tickets to its theaters prior to those tickets being selected for purchase, in alleged violation of ACAL § 25.07(4). Defendant denies that it violated any law, but has agreed to the Settlement to avoid the uncertainties and expenses associated with continuing the case.

The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals who paid a Convenience Fee to gain entrance to any of Defendant’s theaters located in New York state from Defendant’s website, mobile application, or any other Defendant’s owned or operated online platform from August 29, 2022, to and through February 21, 2024.

“Places of Entertainment” means Defendant’s movie theaters, including, but not limited to, Walter Reade Theater and the Elinor Bunin Munroe Film Center.

“Defendant’s Website” means https://www.filmlinc.org/.

Monetary Relief. A Settlement Fund has been created totaling $400,000.00. Payments to Settlement Class Members, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (see Question 12).

Prospective Relief. Additionally, Defendant acknowledges that it has changed the purchase flow for tickets on its website to display the convenience fee that was the subject of this litigation when the ticket is first selected for purchase and will agree to comply with New York ACAL § 25.07(4).

A detailed description of the Settlement benefits can be found in the Settlement Agreement, a copy of which is available on the Important Documents Page.

To receive a pro rata share of the Settlement Fund, based on the total amount of convenience fees paid, a timely submission of a claim is required. The deadline to file a claim was April 25, 2025. Payment will be made through PayPal, Venmo, Zelle, or check, based on the selection made during claim filling. For inquiries regarding the number of claims and/or requests for exclusion received to date, please contact Class Counsel at (646) 837-7150.

The hearing to consider the fairness of the Settlement is scheduled for May 12, 2025. If the Court approves the settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment by the later of (1) 28 days after April 25, 2025; or (2) 14 days after receipt of an endorsed Court order approving the Settlement. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Zelle, or Venmo, and all checks will expire and become void 180 days after they are issued. If your address has changed, please inform the Settlement Administrator promptly to avoid any delays in receiving your payment.

If you are a Settlement Class Member and wish to receive a payment, your claim must have been submitted by April 25, 2025, deadline. This deadline has now passed.

If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and its affiliates, employees, and representatives as described in Section 1.33 of the Settlement Agreement. Unless you exclude yourself (see Question 13), you are “releasing” the claims, regardless of whether you claim your Settlement benefit or not. The Settlement Agreement is available here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed Philip L. Fraietta and Stefan Bogdanovich of Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

The Defendant has agreed that Class Counsel’s attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a service award of $10,000 from the Settlement Fund for her services in helping to bring and resolve this case.

The deadline to exclude yourself passed on April 21, 2025.

No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.

No. If you exclude yourself, you will not receive any payment from the Settlement Fund.

The deadline to object yourself passed on April 21, 2025.

Objecting simply means telling the Court you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 10:00 AM on May 12, 2025, in Courtroom 4.38 at the Supreme Court of the State of New York, County of Kings, 320 Jay Street, Brooklyn, NY 11201. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for a Service Award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting this Settlement Website or by calling 1-888-718-4126. If, however, you timely objected to the Settlement and advised the Court you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection or comment, you do not have to come to Court to talk about it. If you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.

Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Patino v. Film at Lincoln Center, Inc., Index No. 504682/2024.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than April 21, 2025, and be sent to the addresses listed in Question 16.

These FAQs summarize the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to Lincoln Center Ticket Fee Settlement, P.O. Box 5357, Portland, OR 97228-5357. You can call Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read all of these FAQs carefully.

This website and the Notice summarize the Settlement. More details are in the Settlement Agreement. You may contact the Settlement Administrator at info@filmlcticketfeesettlement.com or write to Lincoln Center Ticket Fee Settlement, P.O. Box 5357, Portland, OR 97228-5357. You can call the Settlement Administrator at 1-888-718-4126 or Class Counsel at 1-646-837-7150, if you have any questions. Before doing so, however, please read all of these FAQs carefully.