A proposed settlement has been reached in a class action lawsuit about the location-based mobile game Pokémon Go, styled In re Pokemon Go Nuisance Litigation, Case No. 3:16-cv-04300-JD (N.D. Cal.). The lawsuit alleges that Niantic, Inc. (“Niantic”), the developer of Pokémon Go, violated state trespass and nuisance laws by placing game items called “Pokémon Gyms” and “PokéStops” on or near privately-owned property without prior permission and by enticing and/or causing Pokémon Go players to trespass upon such properties and/or interfere with property owners’ use and enjoyment of such properties. Niantic denies any and all wrongdoing or legal violation. The settlement, if approved by the Court, will resolve the lawsuit by requiring Niantic to follow a series of procedures, detailed below, intended to minimize interference with the rights of private property owners.

Solely for purposes of effectuating this settlement, Judge James Donato of the United States District Court for the Northern District of California has conditionally certified a Settlement Class for injunctive relief of:

All persons in the United States who own or lease property within 100 meters of any location that Niantic has designated, without prior consent of such property owner or lessee, as a Pokéstop or Pokémon Gym in the Pokémon Go mobile application.

The attorneys at Pomerantz LLP, who represent the Class (“Class Counsel”), intend to seek up to $8 million in attorneys’ fees and $130,000 in expenses for their work on the case. These amounts, to the extent awarded by the Court, will be paid by Defendant separate and apart from the other relief provided by the settlement. Class Counsel also intend to request service awards of up to $1,000 for each of the eleven named plaintiffs who will serve as class representatives for their time and effort working on this case for the benefit of the Class. Class Counsels’ motion for attorneys’ fees and costs will be available after June 13, 2019 by visiting the Important Documents page or by contacting Class Counsel (contact information below).

If the Settlement is approved by the Court, all Class Members will release and forever discharge claims for injunctive or equitable relief that were or could have had been brought against Niantic arising out of Pokémon Go, the design of Pokémon Go, or the locations of Pokémon, Pokéstops, or Pokémon Gyms in Pokémon Go.

The Settlement will only release claims for equitable or injunctive relief; it will not release any rights any Class Member may otherwise have to sue Niantic for money damages.

Class members cannot opt out from the Settlement. If you are a Class member and the Settlement is approved by the Court, you will be bound by the release of injunctive and/or equitable claims. In other words, if you want to preserve your right to sue Niantic individually on similar grounds in the future, you must object to the Settlement as described below.

You have the right to file an objection to the settlement. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, the proposed settlement will not take effect and the lawsuit will continue. If that is what you want to happen, you must object.

Any objection to the proposed settlement must be in writing and sent only to the Court. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (In re Pokemon Go Nuisance Litigation, Case Number 3:16-cv-04300-JD), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 450 Golden Gate Avenue, Box 36060, San Francisco, CA 94102-3489, or by filing them in person at any location of the United States District Court for the Northern District of California, (c) state with specificity the grounds for the comment or objection, (d) state whether the comment or objection applies only to the commentor or objector, to a specific subset of the class, or to the entire class; and (e) must have been postmarked no later than July 18, 2019.

The District Court will hold a Final Approval Hearing to decide whether to approve the Settlement. The Final Approval Hearing will be held on August 22, 2019 at 10:00 AM at the United States District Court for the Northern District of California, San Francisco Courthouse, Courtroom 11, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections or requests to be heard, the Court may consider them at the hearing. The Court may also decide the amount of attorneys’ fees and costs to be paid to Class Counsel.

The date of the Final Approval Hearing may change without further notice to the class. You should check this website to get the most current information concerning the date of the hearing. You may also access the Court’s docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (“PACER”) system at https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?301537.

This website summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement on the Important Documents page, by contacting Class Counsel via the contact information provided below, by accessing the Court’s docket through the PACER system at the URL provided above, or by visiting the office of the Clerk for the United States District Court for the Northern District of California, San Francisco Division, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

To obtain a copy of the notice in alternate accessible formats, contact Class Counsel.

PLEASE DO NOT CONTACT THE COURT, THE COURT CLERK’S OFFICE, OR NIANTIC’S COUNSEL WITH QUESTIONS ABOUT THIS SETTLEMENT.

Any questions must be directed to Class Counsel at (212) 661-1100 or to the address below:

Pomerantz LLP
600 Third Avenue, 20th Floor
New York, New York 10016
www.pomlaw.com