Delta Settlement Agreement Over Canceled Flights

Case 1:20-cv-01664-ELR Document 99-2 Filed 05/26/23 Page 1 of 79
EXHIBIT A
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ANGELA DUSKO, on behalf of herself and all

others similarly situated,
Plaintiff, CIVIL ACTION: 1:20-CV-01664-ELR
vs.
DELTA AIR LINES, INC.
Defendant.
SETTLEMENT AGREEMENT AND RELEASES

1
dated as of May
11
Parties hereby agree to the following terms in full settlement of the Action, subject to Final
Approval, as defined below, by the United States District Court for the Northern District of
Georgia.
I. Recitals
1. On April 22, 2020, Plaintiff filed this putative class action alleging that Delta
breached its contracts with thousands of passengers by offering credits for future travel on the
airline instead of providing refunds for flights Delta failed to operate on schedule in the wake of
the COVID-19 pandemic.
2. On July 9, 2020, the Court consolidated the Action with two related putative class
actions. See Dkt. No. 20. The Court then appointed lead counsel and ordered Plaintiffs to file a
1
All capitalized terms herein have the meanings ascribed to them in Section II or various places
in the Agreement.
consolidated amended complaint.
3. On December 3, 2020, Kevin Polk filed a Notice of Voluntary Dismissal of his
action.
4. On December 17, 2020, Plaintiff filed a Consolidated Amended Complaint,
asserting three claims against Delta for breach of contract, breach of the implied covenant of good
faith and fair dealing, and declaratory and injunctive relief. Elliott Daniels was not a named
plaintiff in the Consolidated Amended Complaint, leaving Plaintiff as the sole named plaintiff in
this Action.
5.
Amended Complaint.
6. On July 23, 2021, Plaintiff filed a Second Amended Consolidated Class Action
the implied covenant of good faith and fair dealing.
7. On August 23, 2021, Delta
and for which Delta filed its reply on October 12, 2021. After the Motion to Dismiss was fully
briefed, Plaintiff filed a Notice of Supplemental Authority to which Delta responded.
8. On March 2, 2022, the Court entered an Order granting in part and denying in part
claim for breach of contract based on the allegation that when Plaintiff requested a refund for her
flight, a Delta customer service representative told her that Plaintiff was only eligible for a travel
credit
and her claim for breach of the implied covenant of good faith and fair dealing. The Settlement
order on the Motion to Dismiss.
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9.
Complaint.
10. On April 15, 2022, the Parties filed their Joint Preliminary Planning Report and
Discovery Plan.
11. On April 15, 2022, Plaintiff and Delta exchanged their Initial Disclosures.
12. On May 9, 2022, Plaintiff served Delta with her First Set of Interrogatories and
First Request for Production of Documents, to which Delta served its written responses on June
15, 2022.
13. On August 10, 2022, the Parties filed their Joint Motion to Stay Proceedings
Pending Mediation & Extension of Current Deadlines. The Court granted that motion on August
order also required the Parties to provide a status report following mediation.
14. On September 21, 2022, the Parties filed their Joint Motion to Request Reset of
17, 2022, to provide additional time for Delta to collect information to facilitate a productive
mediation. The Court granted that motion on September 27, 2022, and ordered a status report to
be filed following the mediation.
15. On October 17, 2022, the Parties mediated the Action with experienced class action
litigation mediator Hunter R. Hughes III, Esq. Prior to mediation, the Parties exchanged informal
discovery in order to prepare for mediation, with Delta providing information pertaining to the
estimated size of the putative class and related financial information. Although a resolution was
not reached, the Parties agreed to conduct another mediation with Mr. Hughes on November 14,
2022, with Delta to provide additional mediation discovery to Plaintiff to aid the negotiations.
16. On October 19, 2022, the Parties filed a Status Report and requested that all
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deadlines be stayed until November 21, 2022, to accommodate the second mediation.
17. Following the November 14, 2022 mediation session, during which the Parties
made some progress towards agreement on proposed settlement terms, on November 21, 2022, the
Parties filed a Joint Status Report and Motion for Entry of Order informing the Court of their
agreement to attend a third mediation session with Mr. Hughes on January 9, 2023. On December
1, 2022, the Court entered an Order staying the Action and directing that a status report be filed
following the third mediation session.
18. To prepare for the third mediation session, the Parties exchanged additional
mediation discovery. On January 9, 2023, the Parties attended a third mediation session with Mr.
Hughes. Though the Parties did not agree to all the material settlement terms that day, they
continued to work together to draft a confidential term sheet and to confer with the mediator to
finalize agreed settlement terms. Those efforts resulted in the Parties executing a confidential term
sheet memorializing the material settlement terms effective January 13, 2023.
19. On January 17, 2023, the Parties filed their Joint Status Report and Motion for Entry
of Order Staying Case Deadlines, noting that the Parties had executed a confidential term sheet
and would negotiate a settlement agreement, following which Plaintiff would move for
Preliminary Approval of the Settlement.
20. Class Counsel have made a thorough investigation of the facts and circumstances
surrounding the allegations asserted in the Second Amended Complaint, and have engaged in, and
continue to engage in, investigation and discovery of the claims asserted therein, including
confirmatory discovery.
21. Plaintiff and Class Counsel have examined the benefits to be obtained under the
terms of this Agreement, have considered the substantial risks associated with the continued
prosecution of the Action and the likelihood of success on the merits and believe that it is in the
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best interests of the Settlement Class as a whole that the claims asserted in the Action be resolved
on the terms and conditions set forth in this Agreement. Class Counsel reached that conclusion
ion to Dismiss, the factual and legal issues
presented in the Action, the substantial benefits that Settlement Class Members will receive as a
result of the Settlement, the substantial risks and uncertainties of continued litigation, the
expense that would be necessary to prosecute the Action through trial and any appeals that might
be taken, and the likelihood of success at trial.
22. Delta has denied, and continues to deny, each and every allegation of liability,
wrongdoing, and damage. Delta further denies that the Action, including any separate action, may
properly be maintained as a class action except for settlement purposes. Nonetheless, without
admitting or conceding any liability or damages whatsoever, without admitting any wrongdoing,
and without conceding the appropriateness of class treatment for claims asserted in any current or
future complaint (except for settlement purposes in the Action), Delta has agreed to settle the
Action on the terms and conditions set forth in this Agreement to avoid the substantial expense,
inconvenience, burden, and disruption of continued litigation.
23. The Parties agree and understand that neither this Agreement nor the Settlement it
represents shall be construed as an admission by Delta of any wrongdoing whatsoever, including,
without limitation, any admission of any violation of any statute or law or any admission of liability
based on any of the claims or allegations asserted in the Action.
24. The Parties agree and understand that neither this Agreement nor the Settlement it
represents shall be construed or admissible as an admission by Delta in the Action or any other
s or any other similar claims are or would be suitable for class
treatment if the Action proceeded through both litigation and trial.
25. The Parties desire to compromise and settle all issues and claims that have been
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brought or could have been brought arising out of or related to the claims asserted in the Action.
26. The Parties now agree to settle the Action in its entirety, without any admission of
liability, with respect to the Released Claims. The Parties intend this Agreement to bind Plaintiff,
Delta, and all Settlement Class Members.
NOW, THEREFORE, in light of the foregoing, for good and valuable consideration, the
receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree, subject to
approval by the Court, as follows.
II. Definitions
In addition to the terms defined at various points within this Agreement, the following
defined terms apply throughout this Agreement:
27. Dusko v. Delta Air Lines, Inc., No. 1:20-cv-01664-ELR (N.D.
Ga.).
28. otice of this Settlement to be served or caused to be
served by Delta upon State and Federal regulatory authorities as required by the Class Action
Fairness Act of 2005, 28 U.S.C. § 1715.
29.
Settlement Class Member who validly and timely submits a Claim Form that is approved by the
Settlement Administrator and elects the Ticket Cash and Interest Cash option for an Unused Credit
or Partial Unused Credit.
30. -approved claim form, which may be electronic or
physical paper, that a Settlement Class member must complete, sign, and submit to the Settlement
Administrator by the Claims Deadline to be considered for payment under the Settlement.
31.
members will submit the Claim Form either by mail or electronically via the Settlement Website,
6
which will then be reviewed for timeliness and completeness by the Settlement Administrator.
32.
(if electronic) or postmarked (if by mail) for purposes of being considered timely, which is 60 days
after the Notice Deadline.
33.
The Claims Period shall run for 60 days after the Notice Deadline.
34. means:
KOPELOWITZ OSTROW P.A. PEARSON WARSHAW, LLP

Jeff Ostrow Melissa S. Weiner
1 West Las Olas Blvd., Suite 500 328 Barry Avenue S., Suite 200
Fort Lauderdale, FL 33301 Wayzata, MN 55391
TYCKO & ZAVAREEI, LLP BARNES LAW GROUP, LLC

Annick M. Persinger, Esq. Roy E. Barnes, Esq.
1970 Broadway, Suite 1070 31 Atlanta Street
Oakland, CA 94612 Marietta, GA 30060
35.
or Partial Unused Credit as of January 13, 2023. Delta shall prepare and provide the Class List to
Care or Refund
Databases. The Class List shall include the name, postal address (if available), email
address (if available), phone number (if available), ticket number, original ticket value, Unused
Credit amount or Partial Unused Credit amount as of January 13, 2023, and 7% interest amount
associated with the original ticket value. If Delta has a record of another postal address or email
address associated with the name, Delta shall include that information in the Class
List.
36.
37.
the time she filed her Complaint against Delta, Plaintiff satisfied each of the criteria in the
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Settlement Class definition, and that the date of the Complaint determines her membership in the
Settlement Class.
38.
39. to each Settlement
Class Member who validly and timely submits a Claim Form that is approved by the Settlement
Administrator and elects the Ticket Credit and Interest Credit option for an Unused Credit or
Partial Unused Credit.
40.
the ordinary course of its business containing the data reasonably necessary for Delta to confirm
the ticketholders who requested a refund for a non-refundable ticket, did not receive the refund,
and have an Unused Credit or Partial Unused Credit, making those ticketholders eligible for
inclusion in the Settlement Class.
41.
prescribed or allowed by this Agreement, the day of the act, event, or default from which the
designated period of time begins to run shall not be included. Further, when computing any period
of time prescribed or allowed by this Agreement, the last day of the period so computed shall be
included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until
the end of the next day which is not a Saturday, Sunday, or legal holiday in the State of Georgia.
42.
43. unsel means:
KING & SPALDING LLP KING & SPALDING LLP

David L. Balser Julia C. Barrett
Charles Spalding, Jr. 500 W. Second Street
1180 Peachtree Street, NE Suite 1800
Suite 1600 Austin, Texas 78701
Atlanta, GA 30309
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44. means one business day following the latest of: (i) the date upon
which the time expires for filing or noticing any appeal of the Final Approval Order and judgment;
(ii) entry of the Final Approval Order and judgment if no parties have standing to appeal; or (iii)
if any appeal, petition, request for rehearing, or other review has been filed, the Final Approval
Order and judgment is affirmed without material change or the appeal is dismissed or otherwise
disposed of, no other appeal, petition, rehearing, or other review is pending, and the time for further
appeals, petitions, requests for rehearing, or other review has expired.
45.
Administrator by email pursuant to the terms of the Notice Program in the form attached as Exhibit
1. Each Email Notice shall include a click through process to submit a Claim Form electronically,
which is pre-populated with information necessary to make the claim.
46. the Final Approval Order
awarded to Class Counsel and the amount of any Service Award to the Class Representative.
47.
will consider granting Final Approval to the Settlement and further determine the amount of
y Service Award to the
Class Representative.
48.
granting Final Approval to the Settlement. The proposed Final Approval Order shall be in a form
agreed upon by the Parties and substantially in the form attached as an exhibit to the motion for
Final Approval. Final Approval Order also includes the orders, which may be entered separately,
any Service Award to the Class Representative.
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49.
Settlement Class Members.
50.
ticket amount which will be made to certain Settlement Class Members who selected the Ticket
Cash and Interest Cash option.
51.
amount, valid for one year from issuance, which will be given to certain Settlement Class Members
who selected the Ticket Credit and Interest Credit option.
52.
Website and shall be available to members of the Settlement Class by mail on request made to the
Settlement Administrator in the form attached as Exhibit 3.
53.
and Long Form Notice) that the Parties will ask the Court to approve in connection with the motion
for Preliminary Approval of the Settlement.
54.
Settlement Class is to be accomplished, which shall be 45 days after the entry of the Preliminary
Approval Order.
55. ns the methods provided for in this Agreement for giving the
Notice and consists of Postcard Notice, Email Notice, Long Form Notice, and the Settlement
Website (all defined herein), which shall be substantially in the forms as the exhibits attached to
this Agreement.
56. - means the date by which a request to opt-out of
the Settlement must be sent to the Settlement Administrator to be excluded from the Settlement
Class, and the date by which Settlement Class Members must file objections with the Court, if any,
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to the Settlement. The Opt-Out and Objection Date shall be 35 days before the date originally set
for the Final Approval Hearing.
57.
Settlement Class members for a non-refundable ticket purchased with dollars on a flight scheduled
to depart between March 1, 2020 through April 30, 2021 (a) that Delta cancelled; (b) who requested
Databases; and (c) was not
refunded as of January 13, 2023.
58.
Delta collectively.
59. Angela Dusko.
60. shall be sent by the
Settlement Administrator by U.S. mail pursuant to the terms of the Notice Program, substantially
in the form attached as Exhibit 2. The Postcard Notice will have a pre-filled, postage prepaid tear
off postcard to send back the Claim Form as an option for submitting a claim.
61. the Preliminary
Approval Order that grants preliminary approval to the Settlement, conditionally certifies the
Settlement Class, approves the Notice Program, Notices, and Claim Form, approves the procedures
to opt-out from or object to the Settlement, and sets the Final Approval Hearing.
62.
this Settlement, substantially in the form of the exhibit attached to the motion for Preliminary
Approval.
63.
damages, including but not limited to consequential damages, losses or costs, punitive damages,
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description whether known or Unknown Claims (as defined herein), suspected or unsuspected,
asserted or unasserted, liquidated or unliquidated, legal, administrative, statutory, or equitable
2020 and April 30, 2021 and subsequent failure to issue refunds requested by the ticketholders
holding non-refundable tickets on those flights.
64. XI of this Agreement.
65. -ordered payment to Plaintiff for serving as Class
Representative, which is in addition to any Settlement Benefit due Plaintiff as a Settlement Class
Member. The Parties recognize that Service Awards are currently prohibited by Eleventh Circuit
law. Plaintiff intends to seek a Service Award pursuant to Georgia substantive law, absent a change
in Eleventh Circuit law. This Settlement Agreement does not obligate Delta to pay any Service
Award and will pay a Service Award only if ordered to do so by the Court.
66.
Administrator to be paid by Delta for the Notice Program and administration of the Settlement.
67. .
Class Counsel and Delta may, by agreement, substitute a different organization as Settlement
Administrator, subject to approval by the Court if the Court has previously approved the Settlement
preliminarily or finally. In the absence of agreement, either Class Counsel or Delta may move the
Court to substitute a different organization as Settlement Administrator, upon a showing that the
responsibilities of Settlement Administrator have not been adequately executed by the incumbent.
68. Interest Cash, and/or
Interest Credit that a Settlement Class Member will receive under the Settlement.
69. ticketholders who are citizens of the United States
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who received a credit for a non-refundable ticket purchased with dollars on a flight scheduled to
depart between March 1, 2020 through April 30, 2021 (a) that Delta cancelled; (b) who requested
or Refund Databases; (c) did not
receive a refund; and (d) who had an Unused Credit or Partial Unused Credit as of January 13,
2023. Specifically excluded from the Settlement Class are the following: Delta and its respective
subsidiaries and affiliates, members, employees, officers, directors, agents, and representatives and
their family members; Class Counsel; the judges who have presided over the Action and their
immediate family members; local, municipal, state, and federal governmental agencies; and all
persons who have timely opted-
orders.
70.
not opted-out of the Settlement and is entitled to receive a Settlement Benefit.
71. means the website dedicated to the Settlement to be created
and maintained by the Settlement Administrator in accordance with the Notice Program
72.
73.
74.
Credit.
75. r of the
Settlement Class does not know or suspect to exist in his or her favor related to the claims brought
in the Action as of the Effective Date and which, if known by him or her, might have affected his
or her decision(s) with respect to the Settlement.
76. credit issued by Delta to Settlement
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Class members for a non-refundable ticket purchased with dollars on a flight scheduled to depart
between March 1, 2020 through April 30, 2021 (a) that Delta cancelled; (b) who requested a refund
as of January 13, 2023.
III. Certification of the Settlement Class
77. For Settlement purposes only, Plaintiff and Delta agree to ask the Court to certify
the Settlement Class and to appoint the Class Representative and Class Counsel under Federal
Rule of Civil Procedure 23.
IV. Settlement Benefits
78. Subject to Court approval, Delta has agreed to the following consideration:
a. pay Cash Settlement Payments, as specified below, to certain Settlement
Class Members;
b. provide Credit Settlement Payments, as specified below, to certain
Settlement Class Members;
c. pay all Settlement Administration Costs, separate and apart from the Cash
Settlement Payments and Credit Settlement Payments made directly to Settlement Class
Members;
d. pay the Class Representative any Court-approved Service Award of up to
$3,000.00, which will be separate and apart from the Cash Settlement Payments and Credit
Settlement Payments made directly to Settlement Class Members. Delta reserves its right
to oppose any request for a service award and agrees to pay such award only to the extent
ordered by the Court; and
e.
for litigation costs, subject to Court approval, which will be separate and apart from the
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Cash Settlement Payments and Credit Settlement Payments made directly to Settlement
Class Members.
V. Settlement Approval
79. After execution of this Agreement, Class Counsel shall promptly move the Court
to enter the Preliminary Approval Order, which:
a. preliminarily approves this Settlement, conditionally certifying the
Settlement Class, finding that the proposed Settlement is likely to be approved as
sufficiently fair, reasonable, and adequate to warrant Notice to the Settlement Class;
b. directs that Notice be provided in a reasonable manner, as set forth herein,
to all members of the Settlement Class who would be bound by the Settlement;
c. schedules a Final Approval Hearing to consider the fairness,
reasonableness, and adequacy of the proposed Settlement and Agreement and whether the
Court should finally approve it;
d. appoints the Settlement Administrator;
e. approves the Notices, the content of which is without material alteration
from Exhibits 1-3 hereto, and directs the Settlement Administrator to publish the Notices
in accordance with the Notice Program;
f. approves the Claim Form, the content of which is without material alteration
from Exhibit 4 hereto, and sets a Claims Deadline;
g. approves the creation of the Settlement Website;
h. finds that the Notice Program to be implemented pursuant to this Agreement:
(i) is the best practicable notice, (ii) is reasonably calculated, under the circumstances, to
apprise the Settlement Class of the pendency of the Action and of their right to opt-out of
or object to the proposed Settlement, (iii) is reasonable and constitutes due, adequate, and
15
sufficient notice to all persons entitled to receive notice, and (iv) meets all requirements of
applicable law;
i. requires each member of Settlement Class who wishes to opt-out from the
Settlement Class to submit an appropriate, timely request for exclusion, postmarked no
later than 35 days before the date originally set for the Final Approval Hearing to the
Settlement Administrator at the address on the Notice;
j. requires each Settlement Class Member who wishes to object to the fairness,
reasonableness or adequacy of the Settlement or
Award to file or mail to the Clerk of the Court and mail to the Settlement Administrator no
later than 35 days before the date originally set for the Final Approval Hearing, or as the
Court may otherwise direct, a statement of the objection signed by the Settlement Class
Member meeting the requirements set forth in the Preliminary Approval Order.
k. provides that any response to an objection shall be filed with the Court no
later than 14 days before the Final Approval Hearing.
l. specifies that any Settlement Class Member who does not file a timely
written objection to the Settlement or who fails to otherwise comply with the objection
requirements set forth in the Preliminary Approval Order shall be foreclosed from seeking
any adjudication or review of this Settlement by appeal or otherwise.
m. requires that any attorney hired by a Settlement Class Member will be at the
, the
proposed Settlement,
n. requires that any attorney hired by a Settlement Class Member for the
Service Award who intends to appear at the Final Approval Hearing to provide to the
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to file with the Clerk of the Court a notice of intention to appear (that may be included in
the objection) no later than the Opt-Out and Objection Date or as the Court may otherwise
direct;
o. requires any Settlement Class Member not represented by an attorney who
files and serves a written objection and who intends to appear at the Final Approval Hearing
to provide a notice of intention to appear (that may be included in the objection) to the
to file with the Clerk of the Court a notice of intention to appear (that may be included in
the objection) no later than the Opt-Out and Objection Date or as the Court otherwise may
direct;
p. directs the Settlement Administrator to establish a post office box in the
name of the Settlement Administrator to be used for receiving opt-out requests, objections,
notices of intention to appear, and any other communications, and providing that only the
the Court and their designated agents shall have access to this post office box, except as
otherwise provided in this Agreement;
q. directs the Settlement Administrator to promptly furnish Class Counsel and
intention to appear or other communications that come into its possession, except as
expressly provided in this Agreement;
r.
and costs and Service Award for the Class Representative no later than 70 days before the
date originally set for the Final Approval Hearing and in no event after the Objection
17
Deadline;
s. orders the Settlement Administrator to provide the list of those who have
opted- 10 days before the date
originally set for the Final Approval Hearing, and then Class Counsel to file with the Court
the list of opt-outs with a declaration from the Settlement Administrator attesting to the
completeness and accuracy thereof no later than three days before the Final Approval
Hearing;
t. preliminarily enjoins all members of the Settlement Class unless and until
they have timely opted-out from the Settlement Class from: (1) filing, commencing,
prosecuting, intervening in or participating as plaintiff, claimant or class member in any
other lawsuit or administrative, regulatory, arbitration or other proceeding in any
jurisdiction based on, relating to or arising out of the claims and causes of action or the
facts and circumstances giving rise to the Action and/or the Released Claims arising on or
before the Preliminary Approval Date; and (2) attempting to effect opt-outs of a class of
individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding
based on, relating to or arising out of the claims and causes of action or the facts and
circumstances giving rise to the Action and/or the Released Claims. This Agreement is not
intended to prevent members of the Settlement Class from participating in any action or
investigation initiated by a state or federal agency.
u. orders that any Settlement Class Member who does not timely opt-out from
the Settlement Class will be bound by all proceedings, orders and judgments in the Action,
even if such Settlement Class Member has previously initiated or subsequently initiates
individual litigation or other proceedings encompassed by the Releases; and
v. contains any additional provisions agreeable to the Parties that might be
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necessary or advisable to implement the terms of this Agreement and the proposed
Settlement.
VI. Confirmatory Discovery
80. Class Counsel and Delta already have engaged in significant informal discovery
related to liability and damages. Delta will also provide a declaration of a corporate representative
describing the manner in which members of the Settlement Class and their Unused Credits or
Partial Unused Credits were identified using
Databases.
VII. Settlement Administrator
81. The Parties have agreed to have Epiq Class Action & Claims Solutions, Inc. serve
as the Settlement Administrator, and will request that the Court appoint the Settlement
Administrator. The Settlement Administrator was selected following a competitive bidding
process that involved solicitation of two notice and claims administration proposals. The
Exhibit 5.
82. The Settlement Administrator shall, under the joint supervision of Class Counsel
and Delta, administer various aspects of the Settlement as described in the next paragraph and
perform such other functions as are specified for the Settlement Administrator elsewhere in this
Agreement, including, but not limited to, effectuating the Notice Program and distributing the Cash
Settlement Payments as provided herein.
83. The duties of the Settlement Administrator, in addition to other responsibilities that
are described in the preceding paragraph and elsewhere in this Agreement, are as follows:
a. use the name and address information for members of the Settlement Class
provided by Delta in the Class List in connection with the Notice Program approved by the
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Court, for the purpose of mailing the Postcard Notice and sending the Email Notice, and
reminder Notices. The Settlement Administrator may request the assistance of Class
Counsel and Delta, which reasonable cooperation will be given, to identify members of the
Settlement Class; to facilitate providing direct notice to the Settlement Class; and to
accomplish such other purposes as may be approved by Delta and Class Counsel.
b. retain a record of the implementation of the Notice Program procedures and
provide periodic updates to the Parties during the Notice period and Claims Period;
c.
with CAFA;
d. process Claim Forms and oversee the Claim Form Submission Process as
described more fully below;
e. establish and maintain a post office box to receive opt-out requests or
objections from the Settlement Class;
f. respond to any mailed or emailed Settlement Class member inquiries;
g. process all opt-out requests from the Settlement Class and determine their
timeliness;
h. provide weekly reports to Class Counsel and Delta that summarize the
number of opt-out requests received that week, the total number of opt-out requests
received to date, the number of objections received that week, the total number of
objections received to date, the number of Claim Forms submitted that week, the number
of Claim Forms submitted to date, the number of Claim Forms approved and denied, the
number of Claim Form deficiency notices sent out, and other pertinent information;
i. in advance of the Final Approval Hearing, prepare a declaration or affidavit
to submit to the Court confirming that the Notice Program was completed, describing how
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the Notice Program was completed, providing the names of each member in the Settlement
Class who timely and properly opted-out from the Settlement Class and each Settlement
Class Member who served an objection, detailing the number of Claim Forms that were
timely and validly submitted and the number that were denied, and other information as
may be necessary to allow the Parties to seek and obtain Final Approval;
j. distribute Cash Settlement Payments by check or electronic payment to
certain Settlement Class Members;
k. provide to Delta a detailed list of Settlement Class Members who submitted
timely and valid Claim Forms that have been approved, along with the type(s) and
amount(s) of the Settlement Benefit due each Settlement Class Member, if any, and instruct
Delta to send the Settlement Administrator the funds necessary to pay certain Settlement
Class Members their Cash Settlement Payments.
l. invoice Delta for payment of Settlement Administration Costs, as provided
in the Agreement; and
m. any other Settlement-administration-related function at the instruction of
Class Counsel and Delta, including, but not limited to, verifying that the Cash Settlement
Payments have been distributed, cashed, or remain uncashed.
84. All costs for the Notice Program shall be paid by Delta as par
to pay all Settlement Administration Costs.
VIII. Notice to Settlement Class
85. Delta will make available to Class Counsel and the Settlement Administrator the
Class List no later than 10 days after entry of the Preliminary Approval Order for the Notice
Program. To the extent necessary, Delta will cooperate with updating the Class List to accomplish
the Notice Program and otherwise administer the Settlement.
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86. As soon as practicable after entry of the Preliminary Approval Order, at the
Notice Program provided herein, using the forms of Notice approved by the Court. The Notice
shall include, among other information: a description of the material terms of the Settlement; the
Opt-Out and Objection Deadline; the means by which Settlement Class Members may submit
Claim Forms and the Claims Deadline; the date on which the Final Approval Hearing is scheduled
to occur; and the Settlement Website address at which Settlement Class members may access this
Agreement, the electronic Claim Form, and other related documents and information. The
Settlement Administrator shall insert the correct dates and deadlines in the Notice before the
Notice Program commences, based upon the dates and deadlines set by the Court in the Preliminary
Approval Order. Notices provided under or as part of the Notice Program shall not bear or include
the Delta logo or trademarks or the return address of Delta, or otherwise be styled to appear to
originate from Delta. The Notices shall include the opt-out and objection procedures as detailed in
this Section.
87. The initial Email Notice or Postcard Notice shall be sent to each member of the
Settlement Class no later than 45 days after entry of the Preliminary Approval Order. This is the
Notice Deadline.
88. Each member of the Settlement Class shall receive direct Notice as follows:
a. For members of the Settlement Class for which Delta has both an email
address and postal address, the Settlement Administrator shall send a Postcard Notice via
U.S. Mail and up to two reminder Email Notices to those of these members who have not
submitted a Claim Form as of the date reminder Email Notices are scheduled to be sent, as
specified herein. If the same postal address is provided in the Class List for more than one
member of the Settlement Class, separate Postcard Notices identifying the ticketholder
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name shall be sent so that each such member of the Settlement Class receives separate
Notice. If the Postcard Notice is returned undeliverable, and the Settlement Administrator
is unable to obtain an alternative postal address to send the initial Postcard Notice, then
initial and reminder Email Notices shall be sent in the manner described in subpart b. of
this paragraph.
b. For members of the Settlement Class for which Delta has only an email
address, the Settlement Administrator shall send an Email Notice and up to two reminder
Email Notices to those of these members who have not submitted a Claim Form as of the
date reminder Email Notices are scheduled to be sent. If the same email address is provided
in the Class List for more than one member of the Settlement Class, separate Email Notices
identifying the ticketholder name shall be sent so that each such member of the Settlement
Class receives separate Notice. Where required, the first reminder Email Notice shall be
sent 21 days after the initial notice, and the second reminder notice shall be sent 21 days
after the first reminder notice.
c. For members of the Settlement Class for which Delta has only a postal
address, the Settlement Administrator shall send a Postcard Notice via U.S. Mail and one
reminder Postcard Notice to those of these members who have not submitted a Claim Form
as of the date reminder Postcard Notices are scheduled to be sent. Where required, the
reminder Postcard Notice shall be sent 21 days after the initial Postcard Notice.
89. The Email Notices and Postcard Notices, including any required first and second
reminder Notices, shall be completed 87 days after the Preliminary Approval Order.
90. The Long Form Notice shall be available on the Settlement Website or at the
request of a Settlement Class member.
91. To account for the possibility that Delta does not have an email address, postal
23
address, or both, for some members of the Settlement Class, the Parties agree to work with the
Settlement Administrator to obtain contact information.
92. The Notice Program requires that the Settlement Administrator ensure that Claim
Forms are de-duplicated in advance of sending any reminder Email Notices or Postcard Notices,
and to ensure that more than one claim is not approved for a single ticket.
93. Notices shall advise Settlement Class members that they must update their mailing
and email addresses with the Settlement Administrator in the event that they change addresses
between the date they submit a Claim Form and 60 days following the Effective Date.
94. The Settlement Administrator shall perform reasonable address traces for Postcard
Notices that are returned as undeliverable. By way of example, a reasonable tracing procedure
would be to run addresses of returned postcards through the Lexis/Nexis database that can be
utilized for such purpose.
95. The Email Notice, Postcard Notice, and Long Form Notice shall be in forms
approved by the Court, and substantially similar to the notice forms attached hereto as Exhibits 1-
3. The Parties may by mutual written consent make non-substantive changes to the Notices without
Court approval. A Spanish language translation of the Long Form Notice shall be available on the
Settlement Website and be provided to members of the Settlement Class who request it from the
Settlement Administrator.
96. The Settlement Administrator shall maintain a database showing mail and email
addresses to which each Notice was sent and any Notices that were not delivered by mail or email.
In addition to weekly updates to the Parties regarding the progress of the Notice Program and the
declaration or affidavit by the Settlement Administrator in advance of the Final Approval Hearing
and in support of the motion for Final Approval, a summary report of the Notice Program shall be
provided to the Parties three days prior to the Final Approval Hearing. Upon request of the Parties,
24
the Settlement Administrator shall provide a supplemental declaration or affidavit before the Final
Approval Hearing to update any Notice Program statistics after the motion for Final Approval is
filed. The database maintained by the Settlement Administrator regarding the Notices shall be
available to the Parties and the Court upon request. It shall otherwise be confidential and shall not
be disclosed to any third party. To the extent the database is provided to Class Counsel, it shall be
kept confidential, not be shared with any third party and used only for purposes of implementing
the terms of this Agreement, and shall not be used for any other purposes.
97. The Settlement Administrator shall ensure that the information that it receives from
Delta, Class Counsel, and/or Settlement Class members is secured and managed in such a way as
to protect the security and confidentiality of the information, consistent with applicable law.
Except as specifically provided in this Agreement, the Settlement Administrator shall not disclose
or disseminate any information that it receives from Delta, Class Counsel, and/or the Settlement
Class members without prior written consent of the Parties or by order of the Court.
98. Settlement Website. No later than 44 days after entry of the Preliminary Approval
Order, the Settlement Administrator shall establish and make live the Settlement Website, which
shall be an Internet website concerning the settlement utilizing an easily recognized domain name.
The URL of the Settlement Website shall be airlineticketsettlement.com, or such other URL as
Class Counsel and Delta agree upon in writing. The Settlement Website shall be maintained by the
Settlement Administrator until 300 days after the Effective Date. The domain name of the
Settlement Website shall be included in all Notices. The Settlement Website shall provide, at a
minimum: (i) information concerning deadlines for opting out of or objecting to the Settlement or
for submitting a Claim Form, and the dates and locations of relevant Court proceedings, including
the Final Approval Hearing; (ii) the toll-free phone number applicable to the Settlement; (iii)
copies of the Settlement Agreement, the Notices, the Claim Form, Court orders regarding this
25
Settlement, and other relevant Court documents which the Parties agree or the Court orders be
and costs and a Service Award; and (iv) information concerning the procedure to submit Claim
Forms, including the ability to submit Claim Forms electronically.
99. Toll-Free Telephone Number. No later than 44 days after entry of the Preliminary
Approval Order, the Settlement Administrator shall establish a toll-free telephone number and
facility that will provide members of the Settlement Class with information and direct them to the
Settlement Website. Prior to initial Notice being sent to members of the Settlement Class, Delta
shall train its customer service representatives to direct Settlement-related questions to the
Settlement Website address and the toll-free phone number that the Settlement Administrator will
establish. Delta will maintain this procedure through the distribution of Settlement Benefits
following the Effective Date of the Settlement. The toll-free telephone number shall be included
on the Settlement Website and in the Notices. The telephone facility shall be capable of providing
answers to frequently asked questions including general information concerning the deadline to
submit a Claim Form, opting out of or objecting to the Settlement, and the dates and locations of
relevant Court proceedings, including the Final Approval Hearing. The toll-free number shall be
maintained by the Settlement Administrator during the time period that the Settlement Website is
active.
100. Opt-Outs. A member of the Settlement Class who wishes to opt-out of the
Settlement must do so on or before the Opt-Out and Objection Deadline. To opt-out, a Settlement
Class member must inform the Settlement Administrator in writing that he or she wishes to be
excluded from the Settlement Class, sending that request by U.S. Mail, post-marked no later than
the Opt-Out and Objection Deadline, or by private courier (e.g., Federal Express), shipped no later
than the Opt-Out and Objection Deadline. The opt-out request must be personally signed by the
26
member of the Settlement Class and contain the name, postal address, telephone number, a brief
statement identifying membership in the Settlement Class, and a statement that indicates a desire
to be excluded from the Settlement Class. A member of the Settlement Class may opt out on an
individual and personal basis only; so- -outs shall not be allowed.
a. Except for those members of the Settlement Class who timely and properly
submit an opt-out request, all other members of the Settlement Class will be deemed to be
Settlement Class Members for all purposes under the Agreement, and upon the Effective
Date, will be bound by its terms, regardless of whether they file a Claim Form or receive
any Settlement Benefit.
b. Any member of the Settlement Class who properly opts-out of the
Settlement Class shall not: (i) be bound by any orders or judgments entered in the Action
or relating to the Settlement; (ii) be entitled to relief under, or be affected by, the
Agreement; (iii) gain any rights by virtue of the Agreement; or (iv) be entitled to object to
any aspect of the Settlement. Any statement or submission purporting or appearing to be
both an objection and an opt-out shall be treated as a request for exclusion.
101. Objections.
costs, and/or the Service Award must be filed or mailed to the Clerk of the Court and mailed to the
Settlement Administrator. For an objection to be considered by the Court, the objection must be
submitted no later than the Opt-Out and Objection Deadline, as specified in the Notice. If
submitted by mail, an objection shall be deemed to have been submitted when posted if received
with a postmark date on or before the Opt-Out and Objection Deadline indicated on the envelope
if mailed first class, postage prepaid and addressed in accordance with the instructions. If
submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been
submitted on the shipping date reflected on the shipping label.
27
a. For an objection to be considered by the Court, the objection must also set forth:
i. dress, email address (if
any), and telephone number;
ii. whether the Settlement Class Member is represented by counsel and, if so,
contact information for his or her counsel;
iii. evidence showing that the objector is a Settlement Class Member;
iv. whether the objection applies to that Settlement Class Member or to a
specific subset of the Settlement Class, or to the entire Settlement Class,
and state with specificity the grounds for the objection;
v. any other supporting papers, materials, or brief that the Settlement Class
Member wishes the Court to consider when reviewing the objection;
vi. the actual written or electronic signature of the Settlement Class Member
vii. if that Settlement Class Member and/or his or her counsel intends to appear
at the Final Approval Hearing, a statement notifying the Parties and the
Court of that intention to appear (this may be filed separately).
b. Any Settlement Class Member who fails to file and timely serve a written objection
as detailed in the Notice shall not be permitted to object to the approval of the
Settlement and shall be foreclosed from seeking any review of the Settlement or
the terms of the Agreement by appeal or other means.
c. Any Settlement Class Member who fails to file and timely serve a notice of
intention to appear (which may be included in the written objection) as detailed in
the Notice shall not be permitted to appear at the Final Approval Hearing.
102. The Settlement Administrator shall provide
28
with copies of all opt-out requests and objections to counsel for the Parties on a weekly basis by
email.
IX. Claim Form Submission Process and Calculation and Payment of Settlement Benefits
103. Settlement Class Members will receive Settlement Benefits on a claims-made basis.
Databases, the identities of members of the Settlement Class who had an Unused Credit or Partial
Unused Credit as of January 13, 2023, to create a Class List for Notice. The Parties agree that a
ticketholder who receives Notice of the Settlement based on the records provided by Delta for the
Class List shall be irrebuttably deemed a member of the Settlement Class and eligible to submit a
Claim Form requesting Settlement Benefits.
104. To receive a Settlement Benefit, Settlement Class Members must submit Claim
Forms by the Claims Deadline. In their Claim Forms, Settlement Class Members must attest that
they are U.S. residents, and that the covered flight(s) identified in the Claim Form was cancelled
by Delta, that a cash refund was requested, and that the refund was not received. The Claim Form
shall be in the form attached as Exhibits 4.
105. Settlement Class Members who submit a valid Claim Form will have options for
each eligible ticket for which Delta issued a credit and for 7% interest as follows:
a. Ticket Benefits. For the remaining credit amount as of the Claims Deadline
for each eligible ticket, Settlement Class Members who submit Claim Forms shall select
either a Ticket Cash option or a Ticket Credit option as follows:
i. Ticket Cash Option.
1. Settlement Class Members with an Unused Credit shall receive a
cash refund of the Unused Credit amount as of the Claims Deadline to be paid at
election after the Effective Date.
29
2. Settlement Class Members with a Partial Unused Credit shall
receive the remaining Partial Unused Credit amount as of the Claims Deadline to
be paid at the after the Effective Date.
3. Settlement Class Members who elect the Ticket Cash option will
have their Unused or Partial Unused Credits frozen by Delta within 14 days after
the Claims Deadline. Within 45 days following the Claims Deadline, Delta and the
Settlement Administrator shall work together to update the Class List to reflect
which Unused Credits and Partial Unused Credits are frozen based on which
Settlement Class Members elected Ticket Cash. If the Settlement does not become
effective, any Unused Credit or Partial Unused Credit for which Ticket Cash was
elected will be maintained by the Settlement Class Member for one year from the
date of any final order in which the Settlement was rejected. Within 30 days after
the Settlement is rejected, Delta shall unfreeze the Unused Credits and Partial
Unused Credits. The Settlement Administrator shall provide notice via email to
those Settlement Class Members of the new deadline to use the Unused Credit or
Partial Unused Credits.
ii. Ticket Credit Option.
1. Settlement Class Members with an Unused Credit shall retain the
December 31, 2023 for travel no later than December 31, 2024. Any future
extension of for expiration of credits shall also apply to
2. Settlement Class Members with a Partial Unused Credit shall retain
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must be used by December 31, 2023 for travel no later than December 31, 2024.
apply to Settlement Class Members.
3. Unused Credits and Partial Unused Credits will not be frozen
pending Preliminary Approval or Final Approval, allowing those Settlement Class
Members to continue to use them. If the Settlement does not become effective, any
Unused Credit or Partial Unused Credit for which a Ticket Credit was elected will
not be extended past December 31, 2023 for travel no later than December 31, 2024
unless in the future extends its current policy with respect to the expiration
of credits.
iii. Settlement Class Members with No Unused Credit Amount. Settlement
Class Members who no longer have an Unused Credit or Partial Unused Credit as of
the Claims Deadline will be eligible to receive either Interest Cash or Interest Credit
based on the election made on the Claim Form, but they will no longer be eligible for
Ticket Cash or Ticket Credit.
b. Interest Benefits: Settlement Class Members who elect the Ticket Cash
option shall receive Interest Cash and who elect the Ticket Credit option shall receive
Interest Credit as follows:
i. Interest Cash Option. For both Unused Credits and Partial Unused Credits,
Settlement Class Members shall receive a cash payment in an amount equal to 7% of
the original ticket amount to be paid after
the Effective Date.
ii. Interest Credit Option. For both Unused Credits and Partial Unused
Credits, Settlement Class Members shall receive a credit in an amount equal to 7% of
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the original ticket amount valid for one year from the date of issuance.
c. Settlement Class Members With Multiple Credits. When making a
claim, a Settlement Class Member with more than one eligible Unused Credit and/or Partial
Unused Credit shall have the right to elect the Ticket Cash option or Ticket Credit option
as to each eligible credit, and that election will mean that Interest Cash or Interest Credit is
selected, respectively.
d. Non-Claimants. Any member of the Settlement Class that does not make a
claim by the Claims Deadline shall be entitled to redeem the Unused Credit or Partial
then current policy, including the credit expiration date
(currently passengers have until December 31, 2023 to book travel through December 31,
2024), but the failure to timely submit a Claim Form means there is no entitlement to
Interest Cash or Interest Credit.
106. A blank Claim Form shall also be available for members of the Settlement Class to
fill in and submit themselves electronically or by mail. Use of the blank Claim Form must meet
all of th requirements for the Claim Submission Process.
107. The Settlement Administrator shall make the final determination as to whether a
Claim form is timely and complete and should be approved consistent with the terms of this
Agreement. Delta will not audit the validity of claims that are timely filed, except to advise the
Settlement Administrator of the amount of the Unused Credit or Partial Unused Credit. The
Settlement Administrator shall establish a reasonable procedure to determine whether any
duplicate Claim Forms are submitted. In the event any Settlement Class Members submit duplicate
Claim Forms, provided that at least one of those Claim Forms is timely submitted and completed
within the requirements of this Agreement, then the Settlement Administrator shall approve the
claim. Issues regarding the validity of Claim Forms that cannot be resolved by the Settlement
32
resolution is reached, to the Court.
108. The Settlement Administrator shall review and evaluate each Claim Form for
timeliness and completeness. If the Settlement Administrator determines a timely Claim Form is
incomplete, the Settlement Administrator will take reasonable and customary steps to notify the
member of the Settlement Class one time of the deficiency by written email notification when
possible or otherwise by mail to the postal address provided, requesting the additional information
necessary to cure the deficiency. Notification of the deficiency shall occur within 30 days after the
Claims Deadline or within 30 days of receipt of a timely postmarked response, whichever is
later. To cure the deficiency, the Claim Form deficiency response must be submitted via the online
claim portal on the Settlement Website or postmarked within 20 days after the date of the emailed
or mailed deficiency notice, failing which the claim will be denied. If the member of the
Settlement Class acts to cure the deficiency, and the Settlement Administrator thereafter
determines that the Claim Form is complete, the Settlement Administrator shall accept the Claim
Form. Claim Forms shall be reviewed and evaluated for deficiencies in the order in which they are
the Claim Forms received by the Settlement Administrator at any time. The Settlement
to any Claim Form.
109. Fraudulent or Misleading Claims. If the Settlement Administrator suspects fraud
or misleading conduct with respect to any Claim Form, the Settlement Administrator will
and confer with the Settlement Administrator concerning the claim, including whether the claim
should be denied. Cl
33
attention of the Court.
110. The calculation and implementation of the Settlement Benefits contemplated by
this section shall be done by Class Counsel and Delta, with the assistance of the Settlement
Administrator, for the purpose of compensating Settlement Class Members whose Claim Forms
are approved. The methodology provided for herein will be applied to the data as consistently,
sensibly, and conscientiously, as reasonably possible, recognizing and taking into consideration
the nature and completeness of the data and the purpose of the computations.
111.
Plaintiff, Class Counsel, and/or the Settlement Administrator based on any determinations,
distributions, or awards made with respect to any claim. For the avoidance of doubt, in no event
wrongful conduct (whether intentional, reckless, or negligent) on the part of the Settlement
Administrator or its agents.
112. As soon as practicable but no later than 90 days after the Effective Date, Delta shall
provide Interest Credit to eligible Settlement Class Members. Delta shall serve Class Counsel with
a declaration certifying its compliance with this obligation no later than 90 days after the Effective
Date. Notice of the issuance and expiration date for the Interest Credit shall then be sent by the
Settlement Administrator via an email sent to each Settlement Class Member receiving the Interest
Credit with instructions on how to use the Interest Credit. The instructions should be consistent
within one year of issuance.
113. As soon as practicable but no later than 15 days after the Effective Date, Delta shall
send the funds necessary for the Settlement Administrator to pay the full amount of the Cash
Settlement Payments to Settlement Class Members whose approved Claim Forms require such
34
payments.
114. As soon as practicable but no later than 60 days after the Effective Date, the
Settlement Administrator shall pay the Cash Settlement Payments to all Settlement Class Members
entitled to Ticket Cash and/or Interest Cash. Cash Settlement Payments will be made by electronic
payment or check, with the request as to the form of payment being made when the Settlement
Administrator sends each Settlement Class Member who elected Cash Settlement Payment(s) an
email confirming the Effective Date of the Settlement has occurred and the dollar amount to be
paid. The parties anticipate that the email will provide Settlement Class Members with more than
one option for the receipt of an electronic payment. Settlement Class Members will be sent an
email confirming the completion of an electronic payment. When requested, checks will be issued
and mailed by the Settlement Administrator with an appropriate legend, in a form approved by
the address submitted by the Settlement Class Member when requesting a check form of payment
following the Effective Date. Checks shall be valid for 180 days.
115. In the event of any complications arising in connection with the issuance or cashing
of a check, other than the Settlement Class Memb timely deposit or cash the check,
or if electronic payments cannot be delivered using the information supplied on the Claim Form,
the Settlement Administrator shall proceed to resolve the dispute using its best practices and
procedures to ensure that the funds are fairly and properly distributed to the Settlement Class
Member entitled to the Cash Settlement Payments. In the event the Settlement Administrator is
unable to resolve the dispute, it shall provide written notice to Class Counsel a
If an electronic payment cannot be completed to the Settlement Class Member, the Settlement
Administrator shall issue a check for the Cash Settlement Payment using the address supplied by
the Settlement Class Member and notify the Settlement Class Member via email that the check
35
was mailed.
116. For any returned checks, the Settlement Administrator shall make a reasonable
effort to locate a current mailing address for the Settlement Class Members whose checks were
returned (such as by running addresses of returned check through the NCOA database to effectuate
delivery of such checks). For any such check recipients for whom updated addresses are found,
the Settlement Administrator shall make only one additional attempt to re-mail or re-issue a Cash
Settlement Payment to the updated address. Notwithstanding the above, should a Settlement Class
Member change his or her address or electronic payment information from that provided on the
Claim Form after the date the Claim Form was submitted and before 60 days after the Effective
Date without also updating his or her address with the Settlement Administrator, such Settlement
Class Member may not receive payment.
117. Any uncashed or undeliverable checks remaining 210 days after final issuance, and
any electronic payments that are not successfully delivered, shall be paid to a cy pres recipient
subject to agreement of the Parties and approval of the Court. The Parties shall each propose a cy
pres recipient to receive 50% of the residual funds.
X. Final Approval Order and Judgment
118.
to the Court for a scheduled Final Approval Hearing date. Pursuant to the schedule set by the Court
in its Preliminary Approval Order and no later than 70 days before the original date set for the
Final Approval Hearing, Class Counsel shall file a motion requesting that the Court grant Final
Approval of the Settlement and for entry of the Final Approval Order and a final judgment. That
mot
Award for the Class Representative. At the Final Approval Hearing, the Court will hear argument
36
Class Representative
discretion, the Court also will hear argument at the Final Approval Hearing from any Settlement
Class Members (or their counsel
objection(s) that meets all of the requirements listed in the Notice and requested to appear at the
not mean that the Court will not consider the timely objection.
119. At or following the Final Approval Hearing, the Court will determine whether to
enter the Final Approval Order granting Final Approval of the Settlement and the final judgment
thereon
Award. Such proposed Final Approval Order shall, among other things:
a. determine that the Settlement is fair, adequate, and reasonable;
b. finally certify the Settlement Class for Settlement purposes only;
c. determine that the Notice Program satisfies due process requirements;
d. bar and enjoin the Settlement Class Members from asserting any of the
Released Claims; bar and enjoin Settlement Class Members from pursuing any Released
Claims against Delta or its affiliates at any time, including during any appeal from the Final
Approval Order; bar and enjoin Delta from pursuing any of the claims Delta released
against Settlement Class Members; and retain jurisdiction over the enforcement of the
e. release the Parties from the claims specified in Section XI of this
Agreement; and
f. diction over the Parties to
this Agreement, including Delta, all Settlement Class Members, and all objectors, to
37
administer, supervise, construe, and enforce this Agreement in accordance with its terms.
XI. Releases
120. As of the Effective Date, all Settlement Class Members and the Class
Representative, on behalf of themselves, their heirs, assigns, executors, administrators,
predecessors, and successors, and any other person purporting to claim on their behalf, hereby
expressly, generally, absolutely, and unconditionally release and discharge any and all Released
Claims against Delta and its current, former, and future affiliates, parents, subsidiaries,
representatives, officers, agents, directors, partners, principals, employees, insurers, successors,
assigns, and attorneys, except for claims relating to the enforcement of the Settlement.
121. As of the Effective Date, Delta and its representatives, officers, agents, directors,
partners, affiliates, successors, subsidiaries, parents, employees, insurers, and attorneys hereby
expressly, generally, absolutely, and unconditionally release and discharge Settlement Class
Members, the Class Representative, and Class Counsel from any claims arising out of or relating
in any way to the institution, prosecution, or settlement of the claims against Delta as set forth in
the operative complaint, except for claims relating to the enforcement of the Settlement.
122. With respect to any and all Released Claims, the Parties stipulate and agree that
upon the Effective Date, all Settlement Class Members shall have waived any and all provisions,
rights, and benefits conferred by any law of any state or territory of the United States, the District
of Columbia, or principle of common law or otherwise, which is similar, comparable, or equivalent
to Cal. Civ. Code § 1542. Class Representative and Class Counsel acknowledge, and each
Settlement Class Member by operation of law shall be deemed to have acknowledged, that the
inclusion of Unknown Claims in the definition of Released Claims was separately bargained for
and was a key element of the Agreement.
123. The Parties understand that if the facts upon which this Agreement is based are
38
found hereafter to be different from the facts now believed to be true, each Party expressly assumes
the risk of such possible difference in facts, and agrees that this Agreement, including the releases
contained herein, shall remain effective notwithstanding such difference in facts. The Parties agree
that in entering this Agreement, it is understood and agreed that each Party relies wholly upon its
own judgment, belief, and knowledge and that each Party does not rely on inducements, promises,
or representations made by anyone other than those embodied herein.
124. Each Settlement Class Member is barred and permanently enjoined from bringing
on behalf of themselves, or through any person purporting to act on their behalf or purporting to
assert a claim under or through them, any of the Released Claims against Delta in any forum,
action, or proceeding of any kind.
125. The Parties agree that it is in the best interests of the Settlement Class Members
that the above releases will be effective before Settlement Benefits are received because the
releases are limited to the Released Claims and payments will be automatic and made within 60
days of the Effective Date.
XII.
126.
Award no later than 70 days before the date originally set for the Final Approval Hearing, which
Delta has agreed to pay separately to Class Counsel. That application shall be posted on the
Settlement Website.
127.
Counsel $80,000.00 for costs, subject to Court approval, shall be payable separate and apart from
the direct Settlement Benefits (i.e. Cash Settlement Payments and Credit Settlement Payments)
available to Settlement Class Members, thereby ensuring that the Settlement Class Members
39
to approve, in whole or in part, any award for a
Agreement from becoming effective, nor shall it be grounds for termination.
128. The procedure for and the allowance or disallowance by the Court of any
erm of the Settlement or Agreement and
shall provide W-9 Forms to the Settlement Administrator prior to such payment.
129.
they deem appropriate. Under no circumstances will Delta be liable to Class Counsel, or any other
attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or
reement; and Class Counsel,
and each of them, release Delta from any and all disputes or claims because of, relating to,
to this Agreement.
130. Plaintiff may seek a Service Award of up to $3,000.00 to be paid separately by
Delta, subject to Court approval of the amount. Within 7 days of the Effective Date, Delta shall
pay the Service Award to the Class Representative. The Service Award shall be paid to the Class
from becoming Effective, nor shall it be grounds for termination.
131.
and Service Award, or any appeal from any order relating thereto or reversal or modification
thereof, will not operate to terminate or cancel this Agreement, or affect or delay the finality of
40
Judgment approving the Agreement and the Settlement.
132.
and the Service Award only after reaching agreement on all other material terms of this Settlement.
XIII. Termination of Settlement
133. This Settlement may be terminated by either Class Counsel or Delta by serving on
counsel for the opposing Party and filing with the Court a written notice of termination within 15
days (or such longer time as may be agreed in writing between Class Counsel and Delta) after any
of the following occurrences:
a. Plaintiff and Delta agree to termination;
b. the Court rejects, materially modifies, materially amends or changes, or
declines to grant preliminarily or finally approve the Settlement;
c. an appellate court vacates or reverses the Final Approval Order, and the
Settlement is not reinstated and finally approved without material change by the Court on
remand within 360 days after such reversal;
d. any court incorporates into, or deletes or strikes from, or modifies, amends,
or changes, the Preliminary Approval Order, Final Approval Order, or the Settlement in a
way that Class Counsel or Delta seeking to terminate the Settlement reasonably considers
material. Notwithstanding anything to the contrary, the reasoning or authority relied upon
by any court in entering the Preliminary Approval Order or Final Approval Order shall not
be considered material for termination of the Settlement;
e. the Effective Date does not occur; or
f. any other ground for termination provided for elsewhere in this Agreement.
134. If the Settlement does not receive final and non-appealable Court approval, Delta
shall not be obligated to make any payments or provide any other monetary or non-monetary relief
41
Class Counsel, or a
Service Award to the Class Representative.
XIV. Effect of a Termination
135. In the event of a termination, this Agreement shall be considered null and void; all
ll cease to be of
any force and effect; and the Parties shall return to the status quo ante in the Action as if the Parties
had not entered into this Agreement. In addition, in the event of such a termination, all of the
-Settlement rights, claims, and defenses will be retained and preserved.
136. In the event of termination, Delta shall have no right to seek reimbursement from
Plaintiff, Class Counsel, or the Settlement Administrator, for Settlement Administration Costs paid
by Delta. Delta shall however remain responsible for any Settlement Administrator invoices that
were outstanding at the time of the termination.
137. The Settlement shall become effective on the Effective Date unless earlier
terminated in accordance with the provisions hereof.
138. In the event the Settlement is terminated in accordance with the provisions of this
Agreement, any discussions, offers, or negotiations associated with this Settlement shall not be
discoverable or offered into evidence or used in the Action or any other action or proceeding for
any purpose. In such event, all Parties to the Action shall stand in the same position as if this
Agreement had not been negotiated, made, or filed with the Court.
XV. No Admission of Liability
139. Delta denies any fault, wrongdoing, or liability to Plaintiff or the Settlement Class
Members for monetary damages or other relief, but Delta believes that the proposed Settlement is
desirable in order to avoid the further significant burden, expense, risk, and inconvenience of
protracted litigation, and the distraction and diversion of its personnel and resources.
42
140. Class Counsel believe that the claims asserted in the Action have merit, and they
have examined and considered the benefits to be obtained under the proposed Settlement set forth
in this Agreement, the risks associated with the continued prosecution of this complex, costly, and
time-consuming litigation, and the likelihood of success on the merits of the Action. Class Counsel
fully investigated the facts and law relevant to the merits of the claims, conducted significant
informal discovery, and conducted independent investigation of the challenged practices. Class
Counsel concluded that the proposed Settlement set forth in this Agreement is fair, adequate,
reasonable, and in the best interests of the Settlement Class members.
141. The Parties understand and acknowledge that this Agreement constitutes a
compromise and settlement of disputed claims. No action taken by the Parties either previously or
in connection with the negotiations or proceedings connected with this Agreement shall be deemed
or construed to be an admission of the truth or falsity of any claims or defenses heretofore made,
or an acknowledgment or admission by any party of any fault, liability, or wrongdoing of any kind
whatsoever.
142. Neither the Settlement, nor any act performed or document executed pursuant to or
in furtherance of the Settlement: (a) is or may be deemed to be, or may be used as, an admission
of, or evidence of, the validity of any claim made by the Plaintiff or Settlement Class Members,
or of any wrongdoing or liability of Delta; or (b) is or may be deemed to be, or may be used as, an
admission of, or evidence of, any fault or omission of Delta, in the Action or in any proceeding in
any court, administrative agency, or other tribunal.
143. In addition to any other defenses Delta may have at law, in equity, or otherwise, to
the extent permitted by law, this Agreement may be pleaded as a full and complete defense to, and
it may be used as the basis for an injunction against, any action, suit or other proceeding that may
be instituted, prosecuted, or attempted in breach of this Agreement or the Releases contained
43
herein.
XIX. Miscellaneous Provisions
144. Gender and Plurals. As used in this Agreement, the masculine, feminine or neuter
gender, and the singular or plural number, shall each be deemed to include the others whenever
the context so indicates.
145. Binding Effect. This Agreement shall be binding upon, and inure to for the benefit
of, the successors and assigns of the releasing parties and the released parties as set forth in the
Releases herein.
146. Cooperation of Parties. The Parties to this Agreement agree to cooperate in good
faith to prepare and execute all documents, to seek Court approval, uphold Court approval, and do
all things reasonably necessary to complete and effectuate the Settlement described in this
Agreement.
147. Obligation to Meet and Confer. Before filing any motion in the Court raising a
dispute arising out of or related to this Agreement, the Parties shall consult with each other and
certify to the Court that they have met and conferred in good faith to resolve the dispute.
148. Integration. This Agreement constitutes a single, integrated written contract
expressing the entire agreement of the Parties relative to the subject matter hereof. No covenants,
agreements, representations, or warranties of any kind whatsoever have been made by any Party
hereto, except as provided for herein.
149. No Conflict Intended. Any inconsistency between the headings used in this
Agreement and the text of the paragraphs of this Agreement shall be resolved in favor of the text.
150. Governing Law. Except as otherwise provided herein, the Agreement shall be
construed in accordance with, and be governed by, the laws of the State of Georgia, without regard
to the principles thereof regarding choice of law.
44
151. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument, even though all Parties do not sign the same counterparts. Original signatures are
not required. Any ink or electronic signature submitted by facsimile or through email of an Adobe
PDF shall be deemed an original.
152. Jurisdiction. The Court shall retain jurisdiction over the implementation,
enforcement, and performance of this Agreement, and shall have exclusive jurisdiction over any
suit, action, proceeding, or dispute arising out of or relating to this Agreement that cannot be
resolved by negotiation and agreement by counsel for the Parties. The Court shall retain
jurisdiction with respect to the administration, consummation, and enforcement of the Agreement
and shall retain jurisdiction for the purpose of enforcing all terms of the Agreement. The Court
shall also retain jurisdiction over all questions and/or disputes related to the Notice Program and
the Settlement Administrator. As part of its agreement to render services in connection with this
Settlement, the Settlement Administrator shall consent to the jurisdiction of the Court for this
purpose.
and enjoining all Settlement Class Members from asserting any of the Released Claims and from
pursuing any Released Claims against Delta at any time, including during any appeal from the
Final Approval Order and judgment.
153. Notices. All notices to counsel provided for herein, shall be sent by email with a
hard copy sent by overnight mail to:
Notices to Plaintiff:

45

Notices to Delta:
KING & SPALDING LLP KING & SPALDING LLP

David L. Balser Julia C. Barrett
Charles Spalding, Jr. 500 W. Second Street
1180 Peachtree Street, NE Suite 1800
Suite 1600 Austin, Texas 78701
Atlanta, GA 30309
The notice recipients and addresses designated above may be changed by written notice. Upon the
request of any of the Parties, the Parties agree to promptly provide each other with copies of
objections, opt-out requests, or other filings received as a result of the Notice Program.
154. Modification and Amendment. This Agreement may not be amended or
modified, except by a written instrument signed by Class Counsel and and, if the
Settlement has been approved preliminarily by the Court, approved by the Court.
155. No Waiver. The waiver by any Party of any breach of this Agreement by another
Party shall not be deemed or construed as a waiver of any other breach, whether prior, subsequent,
or contemporaneous, of this Agreement.
156. Authority. Class Counsel (for the Plaintiff and the Settlement Class Members),
Agreement on
their behalf have full power and authority to bind every person, partnership, corporation, or entity
included within the definitions of Plaintiff and Delta to all terms of this Agreement. Any person
executing this Agreement in a representative capacity represents and warrants that he or she is
fully authorized to do so and to bind the Party on whose behalf he or she signs this Agreement to
all of the terms and provisions of this Agreement.
157. Agreement Mutually Prepared. Neither Plaintiff nor Delta, nor any of them, shall
46
be considered to be the drafter of this Agreement or any of its provisions for the purpose of any
statute, case law, or rule of interpretation or construction that would or might cause any provision
to be construed against the drafter of this Agreement.
158. Independent Investigation and Decision to Settle. The Parties understand and
acknowledge that they: (a) have performed an independent investigation of the allegations of fact
and law made in connection with this Action; and (b) that even if they may hereafter discover facts
in addition to, or different from, those that they now know or believe to be true with respect to the
subject matter of the Action as reflected in this Agreement, that will not affect or in any respect
limit the binding nature of this Agreement. Delta has provided and is providing information that
Plaintiff reasonably requests to identify the members of the Settlement Class and the Settlement
to resolve their disputes in
connection with this Action pursuant to the terms of this Agreement now and thus, in furtherance
of their intentions, the Agreement shall remain in full force and effect notwithstanding the
discovery of any additional facts or law, or changes in law, and this Agreement shall not be subject
to rescission or modification by reason of any changes or differences in facts or law, subsequently
occurring or otherwise.
159. Receipt of Advice of Counsel. Each Party acknowledges, agrees, and specifically
warrants that he, she, or it has fully read this Agreement and the Releases contained herein,
received independent legal advice with respect to the advisability of entering into this Agreement
and the Releases, and the legal effects of this Agreement and the Releases, and fully understands
the effect of this Agreement and the Releases.
Signature Page Follows
47
Dated: _________________________ _________________________________

ANGELA DUSKO
Plaintiff
Dated: _________________________ __________________________________

Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
Class Counsel
Dated:_________________________ ____________________________________
Melissa S. Weiner, Esq.
PEARSON WARSHAW, LLP
Class Counsel
Date: __________________________ __________________________________

Annick M. Persinger, Esq.
TYCKO & ZAVAREEI LLP
Class Counsel
Dated:_________________________ __________________________________
Roy E. Barnes, Esq.
BARNES LAW GROUP, LLC
Class Counsel
Dated:_________________________ __________________________________
DELTA AIR LINES, INC.
_______________________________
By: _________________________
Its: _________________________
Dated:_________________________ ________________________________________
David L. Balser, Esq.
Counsel for Defendant
48
5/25/2023
Exhibit 1
Email Notice
To: <<Class Member Email>>

From: Settlement Administrator <[email protected]>
Subject: Dusko v. Delta Air Lines Class Action and Settlement Notice
______________________________________________________________________________
Court-Approved Legal Notice

If you are a Delta Air Lines, Inc. ticketholder who requested a refund but instead
received a credit for a non-refundable ticket, purchased for a flight scheduled to
depart between March 1, 2020, through April 30, 2021, that was cancelled by
Delta, you may be eligible to receive benefits from a class action settlement.
Si desea recibir esta notificación en español, llámenos 1-XXX-XXX-XXXX o visite nuestra
página web www.xxxxxxxxxxxxxxx.com.
A Settlement has been reached in a class action lawsuit filed against Delta Air Lines, Inc. (Delta).
The lawsuit alleges that Delta breached its contracts of carriage with ticketholders by refusing
requests for refunds and instead providing credits for future travel on the airline for flights Delta
cancelled in the wake of the COVID-19 pandemic. Delta denies all allegations and has agreed to
settle this lawsuit to avoid further litigation. The Court has not decided who is right.
You are Receiving this Notice Because Deltas Records Indicate You may be a Settlement
Class Member. You are a Settlement Class member if you are a ticketholder who is a citizen of
the United States who received a credit for a non-refundable ticket purchased with dollars on a
flight scheduled to depart between March 1, 2020 through April 30, 2021 (a) that Delta cancelled;
(b) who requested a refund for the ticket as reflected in Deltas Customer Care or Refund
Databases; (c) did not receive a refund; and (d) who had an Unused Credit and/or Partial Unused
Credit as of January 13, 2023.
What Does the Settlement Provide? If you are a Settlement Class member, you can submit a
Claim Form to receive:
1) Cash Settlement Payment: Ticket Cash - a cash refund of the remaining Unused Credit and/or
Partial Unused Credit as of Month DD, 20YY, and Interest Cash - a cash payment in an amount
equal to 7% of the original ticket amount; or
2) Credit Settlement Payment: Ticket Credit the amount of the Unused Credit and/or Partial
Unused Credit that will remain as a credit and must be used by December 31, 2023, for travel no
later than December 31, 2024; and Interest Credit - a credit in an amount equal to 7% of the original
ticket amount, valid for one year from issuance.
Your Options. If you are a Settlement Class member, you can submit a Claim Form here or by
mail. Your Claim Form must be filed online or mailed and postmarked by Month DD, 20YY. You
will need to enter your Unique ID <<UniqueID>> on your Claim Form. After you enter your
Unique ID, details from Deltas records regarding your ticket(s) that are eligible for a Settlement
Benefit will be displayed for your ease of filing your electronic Claim Form online or printable
Claim Form to be mailed.
If you do not want a Settlement Benefit, and you want to keep the right to sue or continue to sue
Delta on your own about the legal issues in this case, you must exclude yourself by filing an opt-
out request postmarked or shipped by Month DD, 20YY. If you do not exclude yourself, you will
remain in the Settlement Class and will give up the right to sue Delta about the legal issues in this
case. It also means the Courts orders will apply to you and legally bind you. If you do not exclude
yourself, you may object to the Settlement. The deadline to object is Month DD, 20YY.
The Court will hold a Final Approval Hearing on Month DD, 20YY, at x:00 x.m., to hear
objections and arguments concerning the fairness of the proposed Settlement, including the amount
requested by Class Counsel for attorneys fees and costs. If there are objections, the Court will
consider them. You do not need to attend this hearing. If you file an objection that includes a notice
of intention to appear, you may attend the Final Approval Hearing, and you may ask to speak, but
you do not have to speak. After the hearing, the Court will decide whether to approve the
Settlement. This notice summarizes the Settlement and your rights.
More information is available at the Settlement Website or by calling toll-free 1-xxx-xxx-xxxx.

Exhibit 2
Court-Approved Legal Notice

•
Exhibit 3
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
If you are a Delta Air Lines, Inc. ticketholder who requested a refund but
instead received a credit for a non-refundable ticket, purchased for a
flight scheduled to depart between March 1, 2020, through April 30,
2021, that was cancelled by Delta, you may be eligible to receive
benefits from a class action settlement.
A federal court has authorized this Notice. This is not a solicitation from a lawyer. Your legal rights
are affected whether you act or do not act. Please read this Notice carefully.
A Settlement has been reached in a class action lawsuit filed against Delta Air Lines, Inc.
(Delta). The lawsuit alleges that Delta breached its contracts of carriage with ticketholders by
refusing requests for refunds and instead providing credits for future travel on the airline for flights
Delta cancelled in the wake of the COVID-19 pandemic. Delta denies all allegations and has
agreed to settle this lawsuit to avoid further litigation. The Court has not decided who is right.
You are a Settlement Class member if you are a ticketholder who is a citizen of the United States
who received a credit for a non-refundable ticket purchased with dollars on a flight scheduled to
depart between March 1, 2020 through April 30, 2021 (a) that Delta cancelled; (b) who requested a
refund for the ticket as reflected in Deltas Customer Care or Refund Databases; (c) did not receive
a refund; and (d) who had an Unused Credit and/or Partial Unused Credit as of January 13, 2023.
If you are a Settlement Class member, you can submit a Claim Form to receive Settlement Benefits in
the form of a Cash Settlement Payment or Credit Settlement Payment. If you have more than one
eligible Unused Credit and/or Partial Unused Credit, you can select a Cash Settlement Payment or
Credit Settlement Payment for each such credit:
1. Cash Settlement Payment.
Ticket Cash: This is a cash refund of the remaining Unused Credit and/or Partial Unused
Credit as of Month DD, 20YY, [Claims Deadline]; and
Interest Cash: This is a cash payment in an amount equal to 7% of the original ticket amount.
2. Credit Settlement Payment.
Ticket Credit: This is the amount of the Unused Credit and/or Partial Unused Credit that
will remain as a credit and must be used by December 31, 2023, for travel no later than
December 31, 2024; and
Interest Credit: This is a credit in an amount equal to 7% of the original ticket amount,
valid for one year from issuance.
YOUR RIGHTS AND CHOICES DEADLINE
Submit a Claim The only way to get a Settlement Benefit is to Submit a Claim Form by:
Form submit a timely and valid Claim Form. Month DD, 20YY
Get no Settlement Benefit but keep any right to
Exclude Yourself Submit an Opt-Out Request
file your own lawsuit against Delta about the legal
(Opt-Out) by: Month DD, 20YY
claims in this case.
Tell the Court why you do not like the Settlement. You File an Objection by:
Object
may still file a Claim Form for a Settlement Benefit. Month DD, 20YY
If you object, you can ask to speak in Court about File Notice of Intention
Attend A
why you do not support the proposed Settlement. to Appear by:
Hearing
You must file a notice of intention to appear. Month DD, 20YY
Do Nothing Get no Settlement Benefit. Give up legal rights.
These rights and optionsand the deadlines to exercise themare explained in this Notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Settlement Benefits
will be issued to those Settlement Class Members who submitted timely and valid Claim Forms if the
Court approves the Settlement and after appeals are resolved. Please be patient.
Questions? Call 1-xxx-xxx-xxxx, or Visit www.xxxxxxxxxx.com
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION .................................................................................................... PAGE x

1. Why should I read this Notice?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
WHO IS IN THE SETTLEMENT ......................................................................................... PAGE x

5. Am I part of the Settlement?
6. What if I am still not sure whether I am part of the Settlement?
THE SETTLEMENT BENEFITS WHAT YOU GET ........................................................... PAGE x

7. What does the Settlement provide?
8. What can I get from the Settlement?
HOW TO GET BENEFITS FROM THE SETTLEMENT ........................................................ PAGE x

9. How can I get my Settlement Benefit?
10. When will I receive my Settlement Benefit?
11. What am I giving up to receive a Settlement Benefit?
THE LAWYERS REPRESENTING YOU ............................................................................. PAGE x

12. Do I have lawyers in this case?
13. How will the lawyers be paid?
YOUR RIGHTS EXCLUDING YOURSELF FROM THE SETTLEMENT ............................ PAGE x

14. How do I get out of the Settlement?
15. If I exclude myself, can I get anything from this Settlement?
YOUR RIGHTS OBJECTING TO THE SETTLEMENT ...................................................... PAGE x

16. How do I tell the Court that I do not like the Settlement?
17. What is the difference between objecting and asking to be excluded?
YOUR RIGHTS APPEARING AT THE FINAL APPROVAL HEARING ............................. PAGE x

18. When and where will the Court decide whether to approve the Settlement?
19. Do I have to attend the Final Approval Hearing?
20. May I speak at the Final Approval Hearing?
YOUR RIGHTS DO NOTHING ........................................................................................ PAGE x

21. What happens if I do nothing at all?
GETTING MORE INFORMATION...................................................................................... PAGE x

22. Are there more details about the Settlement?
23. How do I get more information?

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BASIC INFORMATION
1. Why should I read this Notice?
A Court has preliminarily established, or certified, this case as a class action lawsuit for purposes
of settlement. This Notice explains the class action lawsuit, the proposed Settlement, your legal rights,
what benefits are available, who is eligible for the benefits, and how to get the benefits. If you are a
Settlement Class member, you have legal rights and options before the Court decides whether to give
final approval to the proposed Settlement. This Notice explains all of these things. For the precise
terms and conditions of the Settlement, please review the Settlement Agreement, available at
www.xxxxxxxxxx.com.
The Court in charge of this case is the United States District Court for the Northern District of
Georgia. The lawsuit is known as Dusko v. Delta Air Lines, Inc., No. 1:20-cv-01664-ELR.
2. What is this lawsuit about?
The lawsuit alleges that Delta breached its contracts of carriage with ticketholders by refusing
requests for refunds and instead providing credits for future travel on the airline for flights Delta
cancelled in the wake of the COVID-19 pandemic. Delta denies all allegations and has agreed to
settle this lawsuit to avoid further litigation. The Court has not decided who is right.
3. What is a class action?
In a class action lawsuit, one or more person called the named plaintiff sues on behalf of other persons
and entities that have similar claims. The people and entities together are a Settlement Class. In this
lawsuit, the person who sued is called the named plaintiff or the Class Representative, which
means Plaintiff, Angela Dusko. The company being sued, Delta Air Lines, Inc. (Delta) is called
the Defendant. One court resolves the issues for everyone in the Settlement Class, except for those
people who choose to exclude themselves (opt-out) from the Settlement Class.
4. Why is there a Settlement?
The Court has not decided in favor of the Class Representative or Delta. Instead, both sides agreed to
a Settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and Settlement Class
Members who submit a timely and valid Claim Form will get Settlement Benefits. The Class
Representative and Class Counsel believe the Settlement is best for the Settlement Class and
represents a fair, reasonable, and adequate resolution of the lawsuit.
Delta has denied, and continues to deny, all allegations of liability, wrongdoing, and damage. Without
admitting or conceding any liability or damages, and without admitting any wrongdoing, Delta has
agreed to settle the lawsuit and agrees to the terms and conditions of the Settlement Agreement to avoid
the substantial expense, inconvenience, burden, and disruption of continued litigation.
WHO IS IN THE SETTLEMENT?
To see if you are eligible for benefits, you first have to determine if you are a Settlement Class member.
5. Am I part of the Settlement?
You are a Settlement Class member if you are a ticketholder who is a citizen of the United States who
received a credit for a non-refundable ticket purchased with dollars on a flight scheduled to depart
between March 1, 2020 through April 30, 2021 (a) that Delta cancelled; (b) who requested a refund
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for the ticket as reflected in Deltas Customer Care or Refund Databases; (c) did not receive a refund;
and (d) who had an Unused Credit or Partial Unused Credit as of January 13, 2023.
Specifically excluded from the Settlement Class are the following: Delta and its respective
subsidiaries and affiliates, members, employees, officers, directors, agents, and representatives and
their family members; Class Counsel; the judges who have presided over the Action and their
immediate family members; local, municipal, state, and federal governmental agencies; and all
persons who have timely opted-out from the Settlement Class in accordance with the Courts orders.
6. What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class member, you may go to the Settlement
Website at www.xxxxxxxxxx.com or call the Settlement Administrators toll-free telephone number
at 1-xxx-xxx-xxxx.
THE SETTLEMENT BENEFITS WHAT YOU GET
7. What does the Settlement provide?
Delta will provide Settlement Benefits to eligible Settlement Class Members who file a timely and
valid Claim Form with a Cash Settlement Payment (Ticket Cash and Interest Cash) or a Credit
Settlement Payment (Ticket Credit and Interest Credit). Delta will also pay for all Settlement
Administrative Costs, attorneys fees and costs, and any Service Award, which are all separate and
apart from the Cash Settlement Payments and Credit Settlement Payment to Settlement Class
Members.
8. What can I get from the Settlement?
Settlement Class Members who submit a timely and valid Claim Form will have the following
Settlement Benefit options for each eligible ticket. You may request a Cash Settlement Payment or
Credit Settlement Payment for each eligible ticket. A Cash Settlement Payment includes Ticket Cash
and Interest Cash. A Credit Settlement Payment includes keeping the Ticket Credit and receiving an
Interest Credit.
1. Cash Settlement Payment: You may receive a cash payment if you select the Ticket Cash
and Interest Cash option for an Unused Credit and/or Partial Unused Credit.
Ticket Cash: This is a cash refund of the remaining Unused Credit and/or Partial Unused
Credit. The amount of the cash refund will be the remaining Unused Credit amount and/or
Partial Unused Credit amount as of Month DD, 20YY, [Claims Deadline].
If you select the Ticket Cash option, your Unused and/or Partial Unused Credits will be
frozen by Delta within 14 days after the Claim Deadline.
If you no longer have any Unused Credit and/or Partial Unused Credit as of Month DD,
20YY, [Claims Deadline], you will only be eligible to receive Interest Cash, not Ticket
Cash.
Interest Cash: If you select to receive Ticket Cash, you will also receive Interest Cash in
the form of a cash payment in an amount equal to 7% of the original ticket amount for
both Unused Credits and Partial Unused Credits.
2. Credit Settlement Payment: You may receive a credit if you submit a timely and valid Claim
Form, and you select the Ticket Credit and Interest Credit option for both an Unused Credit
or Partial Unused Credit.
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Ticket Credit: This is the amount of the Unused Credit and/or Partial Unused Credit which
you will keep as a credit, which must be used by December 31, 2023, for travel no later than
December 31, 2024.
NOTE: If the Effective Date of the Settlement does not occur, that deadline will not be
extended unless in the future Deltas extends its current policy with respect to the expiration
of credits.
Interest Credit: If you select to maintain your Ticket Credit, you will receive an Interest
Credit in a credit in an amount equal to 7% of the original ticket amount for both Unused
Credits and Partial Unused Credits, valid for one year from issuance.
Multiple Credits
If you have more than one eligible Unused Credit and/or Partial Unused Credit, you can select a Cash
Settlement Payment or Credit Settlement Payment for each credit.
Please note: If you are a member of the Settlement Class and you do not file a Claim Form by the
deadline, you can still redeem any Unused Credit or Partial Unused Credit pursuant to Deltas policy,
which allows until December 31, 2023, to book travel through December 31, 2024. However, if you
do not file a Claim Form by the deadline, you are not entitled to Interest Cash or Interest Credit.
Per the terms of the Settlement, if any funds remain after all Cash Settlement Payments are made from
uncashed or undeliverable checks or electronic payments not successfully delivered to Settlement Class
Members, the remaining funds will be donated to a recipient(s) approved by the Court.
HOW TO GET BENEFITS FROM THE SETTLEMENT
9. How can I get my Settlement Benefit?
If you are a Settlement Class Member, you must fill out and submit a Claim Form to qualify for a
Settlement Benefit. You can file your electronic Claim Form at www.xxxxxxxxxx.com. If you
received a notice of this Settlement via email, there is a link on that email to access the Claim Form.
You will need to enter the Unique ID assigned to you on the electronic Claim Form. You can also
return the paper Claim Form, postage prepaid if you received a postcard notice for the Settlement.
You can also receive a paper Claim Form from the Settlement Website or get one by calling the
Settlement Administrator at xxx-xxx-xxxx. The completed Claim Form must be submitted online by
Month DD, 20YY, or mailed to the following address, postmarked by Month DD, 20YY.
Dusko v. Delta Air Lines Settlement Administrator
PO Box xxxx
Portland, OR 97xxx-xxxx
10. When will I receive my Settlement Benefit?
The Court will hold a hearing on Month DD, 20YY, at x:00 x.m. (which is subject to change), to
decide whether to finally approve the Settlement. Even if the Court finally approves the Settlement,
there may be appeals. The appeal process can take time, perhaps more than a year. If you file a timely
and valid Claim Form, you will not receive a Settlement Benefit until any appeals are resolved. Please
be patient.
11. What am I giving up to receive a Settlement Benefit?
Unless you exclude yourself (opt-out) from the Settlement Class by timely submitting an opt-out
request, you will remain in the Settlement Class, and that means you cannot sue, continue to sue or
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be part of any other lawsuit against Delta about the legal issues in this case, including the Releases
that are defined and described in legal terms in Section XI of the Settlement Agreement, which is
available at www.xxxxxxxxxx.com. It also means that all of the Courts orders will apply to you and
legally bind you.
THE LAWYERS REPRESENTING YOU
12. Do I have lawyers in this case?
The Court has appointed attorneys from the law firms of Kopelowitz Ostrow P.A.; Pearson Warshaw,
LLP; Tycko & Zavareei, LLP; and Barnes Law Group, LLC to represent you and the other Settlement
Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class
action cases. You will not be charged for these lawyers. If you want to be represented by your own
lawyer, you may hire one at your own expense.
You may contact Class Counsel if you have any questions about this Notice or the Settlement. Please
do not contact the Court.

(954) 525-4100 (612) 389-0600
[email protected] [email protected]

(510) 250-3316 (770) 227-6375
[email protected] [email protected]
13. How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys fees of $2,285,000 and costs of $80,000.
Attorneys fees and costs approved by the Court will be paid by Delta, separate from the Settlement
Benefits available to Settlement Class Members. Class Counsel may also ask the Court for a Service
Award of up to $3,000 for the Plaintiff. The purpose of the Service Award is to compensate the
Plaintiff for serving as Class Representative. Any Service Award payment to the Plaintiff will be paid
by Delta, separate from the Settlement Benefits available to Settlement Class Members. The Court
may deny or award less than these amounts. Class Counsels Motion for Attorneys Fees and Costs
and Service Award for the Class Representative will be available at www.xxxxxxxxxx.com once it
has been filed.
YOUR RIGHTS EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want a Settlement Benefit and want to keep the right to sue or continue to sue Delta on
your own about the legal issues in this case, then you must take steps to exclude yourself from the
Settlement (get out of the Settlement). This is called excluding yourself or opting out of the
Settlement Class.

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14. How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a written opt-out request that must include
the following:
Your name;
Your postal address;
Your telephone number;
A brief statement identifying membership in the Settlement Class;
A statement that indicates a desire to exclude yourself from the Settlement Class; and
Your personal signature as a member of the Settlement Class
Your opt-out must be mailed via U.S. Mail, postmarked or if by private courier (such a Federal
Express), shipped no later than Month DD, 20YY, to:
Dusko v. Delta Air Lines Settlement Administrator
Opt-Out Requests
PO Box xxxx
Portland, OR 97xxx-xxxx
Only individual requests to opt-out by a member of the Settlement Class on a personal basis are
allowed. Mass or class opt-outs are not allowed according to the terms of the Settlement.
If you do not follow these procedures and the deadline, you will be a Settlement Class Member and
lose any opportunity to exclude yourself from the Settlement. This means that your rights will be
determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court,
even if you do not submit a Claim Form.
15. If I exclude myself, can I get anything from this Settlement?
No. If you opt-out of the Settlement, you cannot receive a Settlement Benefit. However, you may sue,
continue to sue, or be part of a different lawsuit against Delta.
YOUR RIGHTS OBJECTING TO THE SETTLEMENT
16. How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class Member, you can object to the Settlement or to the application for
attorneys fees and costs, and/or the Service Award. You can give reasons why you think the Court
should not approve it. The Court will consider your views. You cannot ask the Court for a different
Settlement; the Court can only approve or reject the Settlement. If the Court denies approval of the
Settlement, no Settlement Benefits will be provided, and the lawsuit will continue. If that is what you
want to happen, you must object.
To object, you must file a written objection, which includes the following information:
Your printed name, address, email address (if any), and telephone number;
A statement of whether you are represented by counsel and if so, contact information for your counsel;
Evidence showing you as an objector are a Settlement Class Member;

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A statement as to whether your objection applies to you as a Settlement Class Member or if it

applies to a specific subset of the Settlement Class, or to the entire Settlement Class, and state
with specificity the grounds for the objection;
Any other supporting papers, materials, or brief that you wish the Court to consider when
reviewing your objection;
Your actual written or electronic signature as the objector (counsels signature is not
sufficient); and
A statement regarding whether you and/or your counsel intend to appear at the Final Approval
Hearing.
Your objection must be filed with or mailed to the Clerk of the Court by Month DD, 20YY, and a
copy mailed to the Settlement Administrator at the following addresses:
Clerk of the Court Settlement Administrator
Clerk of Court Dusko v. Delta Air Lines Settlement Administrator
United States District Court Objections
Northern District of Georgia PO Box xxxx
1788 Richard B. Russell Federal Building and Portland, OR 97xxx-xxx
United States Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303-3309
If your objection is mailed via U.S. Mail, your objection will be deemed to have been submitted when
posted if received with a postmark date on or before Month DD, 20YY, indicated on the envelope
if mailed first class, postage prepaid, and addressed in accordance with the instructions. If your
objection is submitted by private courier (such as Federal Express), your objection will be deemed to
have been submitted on the shipping date reflected on the shipping label.
If you file a timely objection, it will be considered by the Court at the Final Approval Hearing. You
do not need to attend the Final Approval Hearing for the Court to consider your objection.
17. What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you do not like something about the Settlement. You can
object only if you stay in the Settlement Class. Excluding yourself (opting out) is telling the Court
that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to
object because you are no longer part of the case.
YOUR RIGHTS APPEARING AT THE FINAL APPROVAL HEARING
The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. If you
file an objection that includes a notice of intention to appear, you may attend the Final Approval
Hearing, and you may ask to speak, but you do not have to speak at the Final Approval Hearing.
18. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on Month DD, 20YY, at x:00 x.m., at the United States
District Court for the Northern District of Georgia, 1788 Richard B. Russell Federal Building and
United States Courthouse, 75 Ted Turner Drive, SW Atlanta, GA 30303-3309, in Courtroom 1708.

-8-
At the hearing, the Court will hear objections and arguments concerning the fairness of the proposed
Settlement, including the amount requested by Class Counsel for attorneys fees and costs. If there
are objections, the Court will consider them. You do not need to attend this hearing. You also do not
need to attend to have your objection considered by the Court. After the hearing, the Court will decide
whether to approve the Settlement. We do not know how long these decisions will take.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any
change will be posted www.xxxxxxxxxx.com. You should check the Settlement Website to confirm
that the date and/or time have not changed. The Settlement Website will also identify if the Court
determines to hold a virtual, remote hearing, and the link to participate will be on that website.
19. Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer all questions the Judge may have. However, you are welcome to attend
the hearing at your own expense if you file an objection and your notice of intention to appear. If you
submit an objection, you do not have to attend the hearing to talk about your objection. As long as
you postmarked, shipped, or filed your written objection by the deadline, the Judge will consider it.
You may also pay your own lawyer to attend, but it is not necessary.
20. May I speak at the Final Approval Hearing?
If you wish to appear at the Final Approval Hearing to present your objection to the Court, your
written objection must include your statement of intent to appear at the Final Approval Hearing.
YOUR RIGHTS DO NOTHING
21. What happens if I do nothing at all?
If you are a Settlement Class Member as described above and do nothing, you will be part of the
Settlement Class, and you will only get a Settlement Benefit if you submit a timely and valid Claim
Form for one or more of your eligible tickets. Unless you opt-out of the Settlement, you will not be
permitted to continue to assert claims about the issues in this case or subject to the Release in any
other lawsuit against Delta ever again.
GETTING MORE INFORMATION
22. Are there more details about the Settlement?
This notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You
can get a copy of the Settlement Agreement at www.xxxxxxxxxx.com, or by contacting Class
Counsel (see contact information in Question 12).
23. How do I get more information?
You can call toll-free xxx-xxx-xxxx, write to Dusko v. Delta Air Lines Settlement Administrator, PO
Box xxxx, Portland, OR 97xxx-xxxx; or go to www.xxxxxxxxxx.com, where you will find answers
to common questions about the Settlement and important documents, including the Settlement
Agreement and Claim Form. You may also contact Class Counsel (see contact information in
Question 12).
PLEASE DO NOT TELEPHONE THE COURT OR THE COURTS CLERK OFFICE TO

INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS

-9-
Exhibit 4
<<UniqueID>> <<MailID>>
TO RECEIVE A SETTLEMENT BENEFIT, YOU MUST COMPLETE A CLAIM FORM AND SUBMIT
IT, POSTMARKED BY MONTH DD, 20YY.
STEP 1 – DIRECTIONS
Provide your complete contact information in Step 2. Please print legibly. Then review the information and sign the
attestation. A Settlement Benefit, if any, will be issued to the Settlement Class member listed below, for valid claims
only.
STEP 2 – CLAIMANT INFORMATION
First Name MI Last Name

Current Mailing Address:
City State ZIP Code

Email Address (REQUIRED):
Telephone number:
STEP 3 – SELECT SETTLEMENT BENEFIT

In the space provided below for each listed ticket, select either Cash Settlement Payment (“Cash Benefit”) OR Credit
Settlement Payment (“Credit Benefit”). A Cash Settlement Payment includes Ticket Cash and Interest Cash. A Credit
Settlement Payment includes keeping the Ticket Credit and receiving an Interest Credit.
Ticket Cash: This is a cash refund of the remaining Unused Credit and/or Partial Unused Credit. The cash refund
amount will equal the Unused Credit and/or Partial Unused Credit as of Month DD, 20YY, [Claims Deadline]. If you
select this option, your Unused Credit and/or Partial Unused Credit will be frozen by Delta within 14 days after the
Claim Deadline. If you no longer have any Unused Credit and/or Partial Unused Credit as of Month DD, 20YY,
[Claims Deadline], you will only be eligible to receive Interest Cash, not Ticket Cash.
Interest Cash: If you select Ticket Cash, you will also receive Interest Cash, which is a cash payment in an amount
equal to 7% of the original ticket amount for both Unused Credits and Partial Unused Credits.
Ticket Credit: If you select this option, you will keep your Unused Credit and/or Partial Unused Credit, which must
be used by December 31, 2023, for travel no later than December 31, 2024. NOTE: If the Effective Date of the
Settlement does not occur, that deadline will not be extended unless in the future Delta’s extends its current policy
with respect to the expiration of credits.
Interest Credit: If you select to keep your Ticket Credit, you will receive an Interest Credit in an amount equal to 7%
of the original ticket amount for both Unused Credits and Partial Unused Credits, valid for one year from its issuance.
Multiple Credits: If you have more than one eligible Unused Credit and/or Partial Unused Credit, you can select a
Cash Settlement Payment or Credit Settlement Payment for each credit.
You must select either a Cash Benefit OR a Credit Benefit for each your ticket(s) listed below, not both for each ticket.
Total No. of Tickets Purchased: <<TicketCount>> Total Cost of Purchased Tickets: <<$XXXX>>
Ticket No. Flight Date Ticket Amount Remaining Credit Cash Benefit Credit Benefit
<<Ticket1t>> <<FlightDt1t>> <<$Cost1t>> <<$Credit1t>>
<<UniqueID>> <<MailID>>
If you select a Cash Benefit (not a Credit Benefit), you will receive an email at <<EMAIL ADDRESS>> after the
Court grants final approval prompting you to select whether you want to receive digital payment or a paper check.
STEP 4 – ATTESTATION
By submitting this Claim Form, I hereby attest that:
I am a U.S. resident, and the covered flight(s) identified above was cancelled by Delta; a cash refund was requested
from Delta previously, and a refund was not received.
Signature: Date:
MM DD YY
METHODS OF SUBMISSION
You must submit your claim via U.S. Mail by sending this completed and signed form to the Settlement
Administrator at the below address:
Dusko v. Delta Air Lines, Inc., Settlement Administrator
P.O. Box XXXX
Portland, OR 972XX-XXXX
Your submission must be postmarked no later than Month DD, 20YY.
Questions? Visit www.xxxxxxxx.com or call

1-XXX-XXX-XXXX.
Exhibit 5
Notice Program
Dusko v. Delta Air Lines, Inc., No. 1:20-cv-01664-ELR (N.D. Ga.)
NOTICE PROGRAM DETAIL
1. The Notice Program is designed to provide notice to the following “Settlement
Class” as defined in the Settlement Agreement and Releases:
[A]ll ticketholders who are citizens of the United States who received
a credit for a non-refundable ticket purchased with dollars on a flight
scheduled to depart between March 1, 2020 through April 30, 2021 (a)
that Delta cancelled; (b) who requested a refund for the ticket as
reflected in Delta’s Customer Care or Refund Databases; (c) did not
receive a refund; and (d) who had an Unused Credit or Partial Unused
Credit as of January 13, 2023.
Specifically excluded from the Settlement Class are the following:

Delta and its respective subsidiaries and affiliates, members,
employees, officers, directors, agents, and representatives and their
family members; Class Counsel; the judges who have presided over
the Action and their immediate family members; local, municipal,
state, and federal governmental agencies; and all persons who have
timely opted-out from the Settlement Class in accordance with the
Court’s orders.
NOTICE PROGRAM
Individual Notice
2. The Defendant will provide data to Epiq for identified Settlement Class members
(to the extent physical and/or email addresses are available to Defendant). For any Settlement
Class member records without an available physical mailing address or email address, address
reach will be conducting using a third-party lookup service to identify physical mailing and/or
email addresses for these Settlement Class members. The Settlement Class member data will be
used to provide individual notice. An Email Notice will be sent to all identified Settlement Class
members for whom a valid email address is available, and a Postcard Notice will be sent via United
States Postal Service (“USPS”) first class mail to all identified Settlement Class members for
whom a mailing address is available.
NOTICE PROGRAM
Individual Notice - Email
3. Epiq will send an initial Email Notice to all identified Settlement Class members
for whom a valid email address is available but no valid postal address is available. The following
industry standard best practices will be followed for the Email Notice efforts. The Email Notice
will be drafted in such a way that the subject line, the sender, and the body of the message
overcome SPAM filters and ensure readership to the fullest extent reasonably practicable. For
instance, the Email Notice will use an embedded html text format. This format will provide easy
to read text without graphics, tables, images, attachments, and other elements that would increase
the likelihood that the message could be blocked by Internet Service Providers (ISPs) and/or
SPAM filters. The Email Notices will be sent from an IP address known to major email providers
as one not used to send bulk “SPAM” or “junk” email blasts. Each Email Notice will be
transmitted with a digital signature to the header and content of the Email Notice, which will allow
ISPs to programmatically authenticate that the Email Notices are from our authorized mail servers.
Each Email Notice will also be transmitted with a unique message identifier. The Email Notice
will include an embedded link to the Settlement Website. By clicking the link, recipients will be
able to easily file an online claim, access the Long Form Notice, Settlement Agreement, and other
information about the Settlement.
4. If the receiving email server cannot deliver the message, a “bounce code” will be
returned along with the unique message identifier. For any Email Notice for which a bounce code
is received indicating that the message was undeliverable for reasons such as an inactive or
disabled account, the recipient’s mailbox was full, technical autoreplies, etc., at least two
additional attempts will be made to deliver the Notice by email.
Individual Notice - Direct Mail
5. Epiq will send a double Postcard Notice with Claim Form and prepaid return
postage to all identified Settlement Class members for whom a postal mailing address is available.
The Postcard Notice will be sent via USPS first class mail. The Postcard Notice will clearly and
concisely summarize the case and the legal rights of the Settlement Class members. The Postcard
2
NOTICE PROGRAM
Notice will also direct the recipients to the Settlement Website where they can access additional
information.
6. Prior to sending the Postcard Notices, all mailing addresses will be checked against
the National Change of Address (“NCOA”) database maintained by the USPS to ensure Settlement
Class member address information is up-to-date and accurately formatted for mailing. 1 In
addition, the addresses will be certified via the Coding Accuracy Support System (“CASS”) to
ensure the quality of the zip code, and will be verified through Delivery Point Validation (“DPV”)
to verify the accuracy of the addresses. This address updating process is standard for the industry
and for the majority of promotional mailings that occur today.
7. Postcard Notices returned as undeliverable will be re-mailed to any new address
available through USPS information, for example, to the address provided by the USPS on
returned pieces for which the automatic forwarding order has expired, but which is still during the
period in which the USPS returns the piece with the address indicated, or to better addresses that
may be found using a third-party lookup service. Upon successfully locating better addresses,
Postcard Notices will be promptly remailed. If the initial Postcard Notice is returned
undeliverable, and Epiq is unable to obtain an alternative postal address to send the initial Postcard
Notice, then an initial Email Notice will be sent.
Settlement Website
8. Epiq will create and maintain a dedicated website for the Settlement with an easy
to remember domain name. The Settlement Website will contain relevant documents and
information including: (i) information concerning deadlines for filing a Claim Form, and the dates
and locations of relevant Court proceedings, including the Final Approval Hearing; (ii) the toll-
1
The NCOA database is maintained by the USPS and consists of approximately 160 million permanent
change-of-address (COA) records consisting of names and addresses of individuals, families, and
businesses who have filed a change-of-address with the Postal Service™. The address information is
maintained on the database for 48 months and reduces undeliverable mail by providing the most current
address information, including standardized and delivery point coded addresses, for matches made to the
NCOA file for individual, family, and business moves.
3
NOTICE PROGRAM
free telephone number applicable to the Settlement; (iii) documents, including the Settlement
Agreement, the Long Form Notice, the Claim Form, Court Orders regarding this Settlement, and
other relevant Court documents, including the Motion for Approval of Attorneys’ Fees and Costs;
and (iv) information concerning the submission of Claim Forms, including the ability to submit
Claim Forms electronically. In addition, the Settlement Website will include answers to frequently
asked questions (“FAQs”), instructions for how Settlement Class members may opt-out (request
exclusion) from or object to the Settlement, contact information for the Settlement Administrator,
and how to obtain other case-related information. The Settlement Website address will be
prominently displayed in all notice documents.
Toll-Free Telephone Number
9. A toll-free telephone number will be established for the Settlement. Callers will be
able to hear an introductory message. Callers will also have the option to learn more about the
Settlement in the form of recorded answers to FAQs. The toll-free telephone number will be
prominently displayed in all notice documents. The automated phone system will be available
24 hours per day, 7 days per week.
10. A postal mailing address will be provided, allowing Settlement Class members the
opportunity to request additional information or ask questions.
Claim Stimulation Reminder Notice
11. In an effort to ensure the highest reasonable claim filing participation rate and to
maximize participation in the Settlement, Epiq will send claim stimulation reminder notices after
the completion of individual notice efforts described above, as detailed in the Settlement
Agreement.
12. For Settlement Class members for which Delta has both an email address and postal
address, and Epiq successfully sends an initial Postcard Notice via USPS first-class mail, up to
two reminder Email Notices will be sent to these Settlement Class members who have not
submitted a Claim Form as of the date reminder Email Notices are scheduled to be sent.
4
NOTICE PROGRAM
13. For Settlement Class members for which Delta has only an email address, and Epiq
successfully sends an Email Notice, up to two reminder Email Notices will be sent to these
Settlement Class members who have not submitted a Claim Form as of the date reminder Email
Notices are scheduled to be sent.
14. For Settlement Class members for which Delta has only a postal address, and Epiq
successfully sends a Postcard Notice via USPS first-class mail, one reminder Postcard Notice will
be sent to these Settlement Class members who have not submitted a Claim Form as of the date
reminder Postcard Notices are scheduled to be sent.
15. The Reminder Notices will use concise text (stressing the impending Claim filing
deadline) and include links to the Claim filing page on the Settlement Website.
5
NOTICE PROGRAM

Delta Settlement Agreement Over Canceled Flights

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Delta Settlement Agreement Over Canceled Flights

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Case 1:20-cv-01664-ELR Document 99-2 Filed 05/26/23 Page 1 of 79

UNITED STATES DISTRICT COURT

ANGELA DUSKO, on behalf of herself and all

Plaintiff, CIVIL ACTION: 1:20-CV-01664-ELR

DELTA AIR LINES, INC.

SETTLEMENT AGREEMENT AND RELEASES

the COVID-19 pandemic.

consolidated amended complaint.

3. On December 3, 2020, Kevin Polk filed a Notice of Voluntary Dismissal of his

4. On December 17, 2020, Plaintiff filed a Consolidated Amended Complaint,

the implied covenant of good faith and fair dealing.

7. On August 23, 2021, Delta

briefed, Plaintiff filed a Notice of Supplemental Authority to which Delta responded.

order on the Motion to Dismiss.

be filed following the mediation.

following the third mediation session.

Preliminary Approval of the Settlement.

ion to Dismiss, the factual and legal issues

be taken, and the likelihood of success at trial.

inconvenience, burden, and disruption of continued litigation.

represents shall be construed as an admission by Delta of any wrongdoing whatsoever, including,

based on any of the claims or allegations asserted in the Action.

s or any other similar claims are or would be suitable for class

treatment if the Action proceeded through both litigation and trial.

Delta, and all Settlement Class Members.

approval by the Court, as follows.

defined terms apply throughout this Agreement:

27. Dusko v. Delta Air Lines, Inc., No. 1:20-cv-01664-ELR (N.D.

28. otice of this Settlement to be served or caused to be

Fairness Act of 2005, 28 U.S.C. § 1715.

or Partial Unused Credit.

30. -approved claim form, which may be electronic or

after the Notice Deadline.

KOPELOWITZ OSTROW P.A. PEARSON WARSHAW, LLP

TYCKO & ZAVAREEI, LLP BARNES LAW GROUP, LLC

39. to each Settlement

Partial Unused Credit.

inclusion in the Settlement Class.

43. unsel means:

KING & SPALDING LLP KING & SPALDING LLP

appeals, petitions, requests for rehearing, or other review has expired.

which is pre-populated with information necessary to make the claim.

46. the Final Approval Order

y Service Award to the

any Service Award to the Class Representative.

Settlement Class Members.

Cash and Interest Cash option.

who selected the Ticket Credit and Interest Credit option.

Settlement Administrator in the form attached as Exhibit 3.

for Preliminary Approval of the Settlement.

56. - means the date by which a request to opt-out of

for the Final Approval Hearing.

Databases; and (c) was not

refunded as of January 13, 2023.

59. Angela Dusko.

60. shall be sent by the

61. the Preliminary

asserted or unasserted, liquidated or unliquidated, legal, administrative, statutory, or equitable

holding non-refundable tickets on those flights.

64. XI of this Agreement.

65. -ordered payment to Plaintiff for serving as Class

68. Interest Cash, and/or