Daniel Brna et al. v. Isle of Capri Casinos, Inc. and Interblock USA, LLC
Organic Dice Settlement
Case No. 17-CV-60144-FAM

Frequently Asked Questions

 

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  • You received a Notice because Isle of Capri's records indicate that you may have played the Interblock Organic Dice gaming machines at Pompano Park casino between July 8, 2015 and January 22, 2017.  The Interblock Organic Dice machines are fully-automated gambling machines that offer dice games, including craps.  

  • The Court issued a Notice because you have a right to know about a proposed settlement in this class action lawsuit about certain Interblock Organic Dice machines at Pompano Park casino.  You also have a right to know about all of your options before the Court decides whether to approve the settlement.  The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.  District Judge Federico Moreno of the United States District Court for the Southern District of Florida is in charge of this case, which is called Daniel Brna et al. v. Isle of Capri Casinos Inc. and Interblock USA, LLC, Case No. 17-cv-60144-FAM.  The persons who sued are called the "Plaintiffs" and the two companies that were sued are called the "Defendants."

  • The Plaintiffs allege that the Interblock Organic Dice machines at Pompano Park casino overcharged a commission on winning “Buy Bets” placed on an electronic craps game.  A “Buy Bet” is a particular kind of craps bet that is placed on a specific point (the numbers 4, 5, 6, 8, 9 or 10) and which pays at or near to true odds.  A Buy Bet wins when the specific point is rolled and loses when a 7 is rolled.  The Plaintiffs claim that instead of charging a 5% commission on the bet amount–as set forth in the Organic Dice’s rules–the Interblock Organic Dice machines charged a 5% commission on the winnings. 

    The Defendants denied the Plaintiffs’ allegations of wrongdoing and assert multiple defenses in the lawsuit to the Plaintiffs’ claims.  The Court has made no determination about the strengths or weaknesses of either the Plaintiffs’ claims or the Defendants’ defenses.  Instead, the Plaintiffs and Defendants have entered into a Settlement Agreement to resolve the lawsuit against the Defendants.

  • The only Interblock Organic Dice machines that are included in the Settlement are the machines that were located at Pompano Park casino from July 8, 2015 through January 22, 2017.

  • In a class action, one or more people called “Class Representatives” sue on behalf of a group of people who have similar legal claims.  This group of people is called the “Class,” and the people in the class are called “Class Members.”  One court resolves the issues for all Class Members.  In this case, Daniel A. Brna and James E. Scott are the Class Representatives.

  • Class Counsel reached this settlement after weighing the risks and benefits to the Settlement Class of this settlement compared with those of continuing the litigation.  Some of the factors considered were the uncertainty and delay associated with continued litigation, a trial, and appeals, and the uncertainty of particular legal issues that have been, or are yet to be, determined by the Court.  Class Counsel balanced these and other substantial risks in determining that the settlement is fair, reasonable, and adequate in light of all circumstances and in the best interests of members of the Settlement Class.

  • According to the Court, you are a member of the Settlement Class if, during the period from July 8, 2015 through January 22, 2017, you:

    (a)  were an Isle of Capri Fan Club member;
    (b)  played craps on an Organic Dice machine at Pompano Park casino in Pompano Beach, Florida;
    (c)  placed a Buy Bet on the Organic Dice machines; and
    (d)  won one or more Buy Bets.

    If you are still not sure whether you are included in the Settlement Class, you can get help by submitting a question under the "Email Us" section on the Contact Us page or writing to the Settlement Administrator at:

    Organic Dice Settlement Administrator
    c/o JND Class Action Administration
    P.O. Box 6848
    Broomfield, CO 80021
  • Yes.  The following individuals are excluded from the Settlement Class: (a) any officers, directors, and employees of Isle of Capri or Interblock USA, L.C. (“Interblock”) and their parent companies and subsidiaries; (b) judicial officers and employees of the U.S. District Court for the Southern District of Florida; and (c) persons who validly request exclusion from the Settlement Class (FAQ 14).

  • The Court designated Daniel A. Brna and James E. Scott as the Class Representatives for the Settlement Class.  The Court designated John Uustal and Cristina Pierson of Kelley Uustal, PLC and Daren Stabinski of Daren Stabinski P.A., as Class Counsel.  You do not have to pay your own personal money for Class Counsel's legal services; attorneys’ fees and costs will be paid by Defendants.  If you want to be represented by your own lawyer, you may hire one at your own expense to represent you in Court.

  • Defendants have agreed to provide the following compensation to “Eligible Class Members”:

    (a)  If the participation rate is 17.5% or higher, Settlement Class Members who submit a timely, Valid Claim will receive a settlement check for $15.00; or
    (b)  If the participation rate is below 17.5%, Settlement Class Members who submit a timely, Valid Claim will receive a settlement check for $30.00.

    To qualify for any benefit, you needed to submit a Claim Form by January 19, 2018.  If you missed the claim deadline, you no longer have the right to compensation under the settlement. 

  • To request a payment, you needed to submit a Claim Form by January 19, 2018.  If you missed the claim deadline, you no longer have the right to compensation under the settlement.

  • If you submit a timely Claim Form, the Settlement Administrator will evaluate it based on all the information you have provided, including any supporting documentation if submitted.  If your Claim Form and accompanying materials do not meet all of the requirements specified above, the Settlement Administrator will deny your claim, you will not receive any payment, and you will be informed by mail of that decision.  

    If the Settlement Administrator approves your Claim Form as a Valid Claim, the Settlement Administrator will send you a check to the mailing address provided on the Claim Form. 

    If any party, objector, claimant, or other person timely files a notice of an appeal from the Final Approval Order or the judgment provided therein, the settlement will not become final or effective.  In that instance, Defendants will have no obligation to provide any compensation to any Settlement Class Member and the Settlement Administrator will not send payment to any Settlement Class Member until each appeal has been finally adjudicated and the Final Approval Order has been upheld.  Please be patient.  We do not know how long this will take. 

  • Class Counsel will ask the Court to approve an award of attorneys’ fees and costs in a total amount not to exceed $155,000 for their work on behalf of you and other Class Members.  The Court may approve less than the requested amount.  The attorneys’ fees and costs will be paid by Defendants separately and will not reduce the amount of money available to pay Class Members’ claims.  Defendants will also pay the costs to notify the Class of the settlement and to administer the settlement.  These costs will not reduce the amount of money available to pay Class Members’ claims.

  • Yes.  The deadline to request exclusion or "opt-out" from the Class was January 19, 2018.

  • The deadline to object to the settlement was January 19, 2018

  • If you do nothing, and if you do not file a Claim Form by the deadline, you will not get a payment from this settlement.  If you do not exclude yourself from the Settlement Class, you will be legally bound by the settlement and release and cannot sue Defendants about the legal claims in this case.

  • The Court held a Fairness Hearing on February 13, 2018 at 2:30 p.m., at the United States District Court for the Southern District of Florida, located at 400 North Miami Avenue, Miami, Florida 33128 in Courtroom 13-3 before United States District Court Judge Federico A. Moreno.  At the Fairness Hearing, the Court considered whether the settlement is fair, adequate, and reasonable to the Class Members.  If there were any objections, the Court considered them.  The Court listened to people who asked to speak at the hearing. 

    The Court entered a Final Approval Order on February 20, 2018 which is available on the Important Documents page. 

  • If the settlement receives final judicial approval, the Plaintiffs, all Settlement Class members, and members who timely requested exclusion from the Settlement Class, will release all claims that they have alleged or could have alleged in this lawsuit.  This includes all claims (known or unknown) that arise in whole or in part out of the alleged overcharging of commissions on winning Buy Bets placed on the Interblock Organic Dice machines at the Pompano Park casino from July 8, 2015 to January 22, 2017.

  • At the Fairness Hearing, Class Counsel asked the Court to award them attorneys’ fees and costs, as described above.  The Court considered whether and how much to pay Class Counsel.  Also, the Court considered whether to make a special incentive award to Plaintiffs for their representation and efforts on behalf of the Settlement Class.

  • No.  Class Counsel answered any questions that the Court may have had.  

  • Yes.  Your Notice of Intention to Appear needed to be postmarked or actually received by the Court by January 19, 2018

  • You can continue to visit the Settlement Website for updates.  The full Settlement Agreement and certain pleadings filed in the case are available on the Important Documents page.

  • You can continue to visit the Settlement Website for updates, submit a question under the "Email Us" section on the Contact Us page, or write to:

    Organic Dice Settlement Administrator
    c/o JND Class Action Administration
    P.O. Box 6848
    Broomfield, CO 80021


    Do not contact the Court for information.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Organic Dice Settlement Administrator
c/o JND Class Action Administration
P.O. Box 6848
Broomfield, CO 80021