18 unchanged sentences
and (iii) Aristocrat has agreed to specifically release CDI of any and all indemnification obligations under the Stock Purchase Agreement arising from or related to the Kater and Thimmegowda litigations, including any claims of diminution of value of Big Fish Games and any claims by any person who opts out of the proposed class settlement.
−Removed: On July 24, 2020, the plaintiffs filed a motion for preliminary approval of the settlement.
+Added: On August 31, 2020, the Washington District Court granted the parties' motion for preliminary approval, and the final settlement approval hearing is currently scheduled for February 11, 2021.
Thimmegowda Class Action Suit
2 unchanged sentences
As previously disclosed, on May 22, 2020, the parties entered into an agreement in principle to settle the Kater and Thimmegowda litigations.
−Removed: The agreement in principle with respect to the Thimmegowda litigation is described above, under the "Kater Class Action Suit."
−Removed: Kentucky Downs, LLC, et al.
−Removed: Commonwealth of Kentucky, Public Protection Cabinet, Kentucky Horse Racing Commission, et al.
−Removed: On January 4, 2019, Kentucky Downs, LLC and Kentucky Racing Acquisition, LLC (collectively, "Petitioners") filed a Petition for Review and Appeal of Approval of WKY Development, LLC License Application and Denial of Kentucky Downs, LLC License Application styled Kentucky Downs, LLC, et al.
−Removed: Commonwealth of Kentucky, Public Protection Cabinet, Kentucky Horse Racing Commission, et al.
−Removed: in the Franklin Circuit Court, Commonwealth of Kentucky.
−Removed: Petitioners appealed the vote of the Kentucky Horse Racing Commission, which awarded WKY Development, LLC, our joint venture with Keeneland, a license to conduct live racing and pari-mutuel wagering in Christian County, Kentucky and denied Petitioners’ application for a license to conduct live racing and pari-mutuel wagering in Christian County, Kentucky.
−Removed: WKY Development, LLC is a joint venture owned 95% by the Company and 5% by Keeneland.
−Removed: In late 2019, the parties submitted briefs on threshold legal issues per a
−Removed: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2020
−Removed: directive from the Franklin County Court and, thereafter, on February 27, 2020, Petitioners filed a voluntary motion to dismiss their appeal with prejudice.
−Removed: The Court granted that motion and dismissed the appeal with prejudice on April 8, 2020.
+Added: The agreement in principle with respect to the Thimmegowda litigation is described above, under the "Kater Class Action Suit." On August 31, 2020, the Washington District Court granted the parties' motion for preliminary approval, and the final settlement approval hearing is currently scheduled for February 11, 2021.
+Added: The Kentucky Horse Racing Commission, et al.
+Added: The Family Trust Foundation of Kentucky, Inc.
+Added: In 2010, all Kentucky racetracks and the Kentucky Horse Racing Commission (the "KHRC" and together with the Kentucky racetracks, the "Joint Petitioners") sought a declaration from the Franklin Circuit Court (the "Court") that:
+Added: (i) the KHRC’s historical racing regulations are valid under Kentucky law, and (ii) operating historical racing machines pursuant to a license issued by KHRC would not run afoul of any criminal gaming statutes.
+Added: The Family Trust Foundation of Kentucky, Inc.
+Added: (the "Family Foundation") intervened, and the Court subsequently granted summary judgment to the Joint Petitioners holding that the KHRC's historical racing regulations are valid under Kentucky law.
+Added: Following an appeal to the Kentucky Court of Appeals, in February 2014 the Supreme Court of Kentucky affirmed the Court’s decision that the regulations are valid under Kentucky
+Added: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2020
+Added: law, but remanded the case to the Court to determine whether operation of historical racing machines that were licensed during the pendency of the litigation constitute pari-mutuel wagering.
+Added: The Court held a trial during the week of January 8, 2018 to determine whether the games from one of the historical racing machine manufacturers (Encore/Exacta) are pari-mutuel, and the Court set a post-trial briefing schedule for the parties.
+Added: Although the Court ordered, on August 24, 2017, that this pending litigation only directly involves the historical racing machine games presently in use, and any future historical racing machine games proposed by the Company would not be included in the pending case.
+Added: On October 24, 2018, the Court ruled that the historical racing machines in question (Encore/Exacta) are a pari-mutuel system of wagering legally permitted under Kentucky law.
+Added: In November 2018, the Family Foundation filed a notice of appeal and subsequently filed a motion to transfer the appeal directly to the Kentucky Supreme Court, which was granted in June 2019.
+Added: On September 24, 2020, the Kentucky Supreme Court issued an opinion reversing the Court’s opinion.
+Added: On October 14, 2020, the KHRC and certain other defendants filed petitions for rehearing.
+Added: The Company does not use the Exacta system in any of its historical racing machine facilities in Kentucky.
+Added: The Company intends to work within its legal rights and in coordination with the KHRC to ensure the ongoing legal operation of our historical racing machine facilities in Kentucky.
+Added: Louisiana Environmental Protection Agency Non-Compliance Issue
+Added: On December 6, 2013, we received a notice from the EPA regarding alleged CAFO non-compliance at Fair Grounds Race Course.
+Added: On October 21, 2019, we reached an agreement in principle, subject to final agreement and regulatory and court approval.
+Added: On September 29, 2020, the EPA filed a complaint and proposed consent decree, which was agreed to by both parties.
+Added: Comments must be received by November 4, 2020.
+Added: If approved, the agreement will include a $2.8 million penalty, which has been accrued and is included in selling, general and administrative expense in our accompanying consolidated statement of comprehensive income for the year ended December 31, 2019, and accrued expense and other current liabilities in our accompanying consolidated balance sheet at December 31, 2019.
+Added: The consent decree would also require corrective measures to ensure compliance with applicable federal laws and regulations.
Louisiana Horsemens' Purses Class Action Suit
22 unchanged sentences
The parties submitted a settlement agreement to the District Court on February 14, 2020, following the Louisiana Racing Commission’s approval to transfer the matter to the District Court for approval and administration of the settlement agreement on February 12, 2020.
−Removed: At a hearing on February 18, 2020, the District Court granted preliminary approval of the settlement agreement and set certain deadlines relating to actions to be taken by class members.
−Removed: A fairness hearing with the District Court relating to the terms of the settlement agreement was set for April 27, 2020, but has been postponed to October 7-9, 2020, as a result of court closures due to the COVID-19 pandemic.
+Added: At a hearing on February 18, 2020, the District Court granted preliminary
+Added: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2020
+Added: approval of the settlement agreement and set certain deadlines relating to actions to be taken by class members.
The settlement agreement requires, among other items, the Fair Grounds Defendants to (i) pay a certain out-of-pocket amount that is within the amount for which we established an accrual in the third quarter of 2019, and (ii) support legislation that allocates a specified amount of video poker purse funds to quarter horse purses for races at Fair Grounds with maximum annual payout caps that are not deemed material.
5 unchanged sentences
After a hearing on July 20, 2020, the District Court dismissed the amended petition.
−Removed: The objecting plaintiffs have filed a notice of their intention to seek a writ with the United States Court of Appeals for the Fourth Circuit related to the dismissal of the amended petition.
−Removed: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2020
+Added: The objecting plaintiffs filed a notice of their intention to seek a writ with the Louisiana Court of Appeals for the Fourth Circuit related to the dismissal of the amended petition, which was denied.
+Added: The fairness hearing with the District Court relating to the terms of the settlement agreement began on October 7, 2020, and has been continued until November 17, 2020.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.