If you are interested in information regarding the Molnar v. 1-800 Flowers.com Settlement, Los Angeles Superior Court, Dept. 23, Case No. BC382828, click here: www.molnarsettlement.com.
Notice of Class Action Settlement for Marie Callender Pie Shops, Inc., dba Marie Callender's Restaurant and Bakery
Notice of Proposed Settlement of Class Action
TO: All persons who, from July 1, 2003, to July 1, 2005, purchased merchandise from Reebok stores in the State of California, used a credit card to make the purchase(s), and whose telephone number was requested and recorded by Reebok in its computer system.
IF YOU ARE A MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHTS.
PURPOSE OF THIS NOTICE
This notice informs you about the above-referenced action and a proposed Settlement on behalf of a certain class of persons. This notice advises you of the benefits that may be available to you under the proposed Settlement and your rights and options as a potential class member, and notifies you that court hearings will be held to approve the Settlement.
There is currently pending in the California Superior Court for the County of Los Angeles a consolidated action entitled Stewart vs. Reebok International Ltd., Case No. BC317955 (the “Action”).
WHAT THE ACTION IS ABOUT
Two plaintiffs in two separate lawsuits filed class action lawsuits against Reebok International Ltd., on behalf of themselves and those persons described above. The two lawsuits were consolidated into one Action. Plaintiffs’ law firms, (“Class Counsel”), who represent Plaintiffs and the Class Members are Westrup Klick LLP and The Law Offices of Allan A. Sigel, P.C.
The lawsuit alleges that Reebok violated California law by requesting and recording the telephone number from customers in California who paid for purchases with a credit card. Reebok denies that it has done anything wrong, and denies that any class member has been injured or suffered damages. However, to avoid the expense, inconvenience and interference with its business operations created by the Action, it has concluded that it is in its best interests to settle the Action on the terms summarized in this Notice.
The settlement was reached through lengthy arms-length negotiations between the parties and with the assistance of two neutral mediators, Honorable Arnold Gold (ret.) and Honorable Enrique Romero.
Judge Michael Stern of the Los Angeles Superior Court has determined that the Action should proceed as a Class Action with Plaintiffs as the representatives of the Class, and granted preliminary approval of the settlement, subject to a final fairness hearing discussed below.
THE PROPOSED SETTLEMENT
THE PARTIES HAVE AGREED TO THE SETTLEMENT GENERALLY DESCRIBED BELOW:
Reebok agreed to provide all Class members who have not chosen to opt out of the settlement with two 40% discount vouchers towards two transactions of any amount at any Reebok Retail Stores in California, subject to terms detailed on the Discount Vouchers. Further, each Class Member shall have the option to indicate that the Class Member would like his or her personal information to be removed from the customer database maintained by Reebok.
Subject to the Court’s approval, Class Counsel will seek on behalf of the Class Representatives (Michael Stewart and Phoebe Markowitz) an incentive award of $5,000 each in recognition of their risk associated with being the Class Representatives in commencing the lawsuits in the consolidated Actions, both financial and otherwise; the amount of time and effort spent by Plaintiffs as the Class Representatives; and for serving the public interest. The Parties also agreed that Class Counsel shall be entitled to an award of attorneys' fees and costs of $390,000, subject to the Court’s approval, which the Parties agreed represents a fair and commensurate amount in view of the nature of the Actions and the results achieved for the benefit of California consumers. Payment of attorneys’ fees will not affect the benefits provided to the Settlement Class.
RELEASE OF ALL CLAIMS
If the settlement is granted final approval by the Court, Reebok International Ltd., and each of its past or present officers, directors, shareholders, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, attorneys, insurers and reinsurers, and its and their respective successors and predecessors in interest, subsidiaries, affiliates, parents, subsidiaries, and each of their company-sponsored employee benefit plans and all of their respective officers, directors, employees, administrators, fiduciaries, trustees and agents will be released from all claims that were alleged in the Complaints in these consolidated Actions, and all predecessor complaints thereto, and all claims that are or could be the basis of claims that Reebok unlawfully requested, recorded, utilized and/or transferred personal information of Class Members in alleged violation of Civil Code § 1747.08 and Business and Professions Code § 17200 .
FINAL FAIRNESS HEARING
A final hearing will be held before the Honorable Michael Stern on August 15, 2008, at 8:30 a.m. to determine whether the proposed Settlement is fair, reasonable and adequate and should be finally approved by the Court. The hearing will take place in Department 62 of the Los Angeles Superior Court, located at 111 North Hill Street, Los Angeles California 90012. You are not required to attend the hearing in order to participate in the settlement.
WHAT YOU CAN DO
1. To Receive 40% Off Discount Vouchers. If you received this notice by mail, you also have received two 40% Off Discount Vouchers, which will become redeemable if you attest on the Discount Vouchers that you purchased goods from a California-based Reebok retail store with a credit card during the period July 1, 2003, through July 1, 2005. If the Court grants final approval of the settlement on August 15, 2008, and you attest to the fact that you meet the conditions of the Discount Vouchers, you will have 6 months following final approval of the settlement to use your vouchers.
If you are a Class Member and did not receive this notice by mail, you are still entitled to all of the benefits under the proposed settlement. To obtain the 40% Off Discount Vouchers, you must complete and return a Claim Form to a Reebok store employee on or before July 28, 2008. You can obtain a Claim Form by visiting any Reebok store in California and requesting a Claim Form or you may go to www.rbk.com and download a Claim Form.
2. To Exclude Yourself From The Settlement. You have the right to exclude yourself from the Action and the settlement. If you wish to be excluded, you must submit a letter or postcard post-marked no later than July 28, 2008, with the case name, your name, address, and telephone number. TO BE CONSIDERED VALID, A REQUEST FOR EXCLUSION MUST SET FORTH ALL OF THIS INFORMATION AND MUST BE TIMELY RECEIVED. Your request must be sent to the Claims Administrator, Simpluris, Inc., at 3176 Pullman Street, Suite 123, Costa Mesa, CA 92626.
If you timely and validly request exclusion from the Class, you will be excluded from the Class; you will not receive any benefits from the settlement; you will not be bound by the judgment entered in the Action and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Reebok based on the transactions complained of in the Action. If you do not wish to exclude yourself, and have no objection to the settlement, you will get the benefits of the settlement if the settlement is approved.
3. To Object To The Settlement. If you do object to the settlement, but do not wish to exclude yourself from the Class Action, you may intervene in the Action and/or object to the terms of the settlement under the procedures set forth below. If your objection is rejected, you will be bound by the final judgment just as if you had not objected.
If you have not timely and validly requested exclusion, you may appear at the hearing scheduled on August 15, 2008, to show cause why the settlement should not be approved by the Court, provided that you have filed with the Court a written notice of your intention to appear, all supporting papers, and a statement under penalty of perjury that you are in fact a member of the Class.
If you decide to appear and object, you (or your attorney if you retain one at your own cost), must file and serve your appearance and/or objection 14 court days prior to the fairness hearing with the court, and upon Counsel for all of the parties, all of which must be postmarked by July 28, 2008. If you intend to appear in person or by your counsel at the fairness hearing, you must provide the Court and all attorneys with written notice post marked by July 28, 2008. If you intend to present evidence at the hearing, you must include with your notification a list identifying the witnesses who you may call to testify and true copies of any exhibits you intend to offer. You must serve all such notice and papers upon Class counsel and defendant’s counsel at the following addresses:
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Phillip Poliner, Esq. |
Patrick Cathcart, Esq. |
The mailing address for the Superior Court of California, County of Los Angeles is:
Superior Court of California, Los Angeles County
111 North Hill Street
Los Angeles, CA 90012
CLASS MEMBERS WHO DO NOT TIMELY MAKE THEIR OBJECTIONS IN THIS MANNER WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND SHALL NOT BE ENTITLED TO BE HEARD AT THE SETTLEMENT APPROVAL HEARINGS. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your personal attorneys’ fees and costs.
This description of the Action is general and does not cover all of the issues and proceedings thus far. In order to see the complete file including the individual terms of the settlement, you should visit the office of the Clerk of the Court in Department 62 of the Los Angeles County Superior Court. The Clerk will make the file relating to this lawsuit available to you for inspection and copying at your own expense.
If you have further questions regarding this lawsuit you may contact Plaintiffs’ Class Counsel, Phillip R. Poliner Esq., of Westrup Klick LLP, at 1-888-268-6884. DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, TO THE JUDGE, OR TO COUNSEL FOR DEFENDANT. They are not permitted to answer your questions.
Notice of Proposed Settlement of Class Action
TO: All persons who, from March 5, 2006 through January 31, 2008, entered into a credit card return transaction with Fry's Electronics, Inc., in the state of California ("Class Members").
IF YOU ARE A MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS
NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHTS.
PURPOSE OF THIS NOTICE
This notice informs you about the above-referenced action and a proposed Settlement on behalf of a certain class of persons. This notice advises you of the benefits that may be available to you under the proposed Settlement and your rights and options as a Class Member, and notifies you that hearings will be held to approve the Settlement.
There is currently pending in the California Superior Court for the County of Sacramento an action entitled Krimsky vs. Fry's Electronics Inc., Case No. 07AS00928 (the "Action"). On April 16, 2008, Judge Shelleyanne W.L. Chang of the Sacramento County Superior Court, tentatively approved a proposed settlement in this Action.
WHAT THE ACTION IS ABOUT
Plaintiff Roger Krimsky filed a class action lawsuit against Fry's Electronics, Inc., (hereinafter referred to as "Fry's" or "Defendant'') on behalf of himself and all Class Members. Plaintiff’s law firm ("Class Counsel"), which represents Plaintiff and the Class Members, is Westrup Klick, LLP.
The lawsuit alleges that Fry's violated California law by utilizing a return invoice for credit card transactions which contained preprinted spaces designated for filling in the address, telephone and/or fax numbers of the cardholder. Fry's denies that it has violated California law, and denies that any class member is entitled to any relief. However, to avoid the expense, inconvenience and interference with its business operations created by the Action, it has concluded that it is in its best interests to settle the Action on the terms summarized in this Notice.
The settlement was reached through lengthy arms-length negotiations between the parties and with the assistance of a neutral mediator, the Honorable Richard Silver (ret).
The Court has determined that the Action should proceed as a Class Action, for purposes of settlement only, with Plaintiff as the representative of the Class, and granted preliminary approval of the settlement, subject to a final fairness hearing discussed below.
THE PROPOSED SETTLEMENT
THE PARTIES HAVE AGREED TO THE SETTLEMENT GENERALLY DESCRIBED
BELOW:
Fry's has agreed to cease utilizing a return invoice form for credit card transactions which contain preprinted spaces designated for customers’ addresses, telephone and/or fax numbers, except in those instances where required for a special purpose. Such change is subject to modification in relation to modification of the law permitting such.
Class Members who submit a timely Claim Form as described below shall be eligible to receive a 20% off coupon (maximum value of $20 off).
The Parties agreed that, subject to the Court's final approval, the named Plaintiff, Roger Krimsky, shall be entitled to an incentive award of up to $2,500 in recognition of the risk to Plaintiff as the Class representative in commencing the lawsuit in the Action, both financial and otherwise; the amount of time and effort spent by Plaintiff as the Class representative; and for serving the public interest. The Parties also agreed that subject to the Court's final approval, Class Counsel shall be entitled to an award of attorneys' fees and costs of up to $150,000. The Payment of attorneys' fees will not affect the benefits provided to the Settlement Class.
RELEASE OF ALL CLAIMS
If the settlement is granted final approval, Fry's and each of its past or present officers, directors, shareholders, employee's, agents, principals, heirs, representatives, accountants, auditors, consultants, attorneys, insurers and reinsurers, and its and their respective successors and predecessors in interest, subsidiaries, affiliates, parents, subsidiaries, and each of their company- sponsored employee benefit plans and all of their respective officers, directors, employees, administrators, fiduciaries, trustees and agents will be released from all claims, liabilities, demands, debts, accounts, obligations, actions, and causes of action, known or unknown, suspected or unsuspected, at law or in equity, of any kind or nature whatsoever (collectively "Claims") for Defendant's alleged violation of Civil Code Section 1747.08(a)(3).
FINAL FAIRNESS HEARING
A final hearing will be held before Judge Shelleyanne W.L. Chang of the Sacramento County Superior Court, on July 18, 2008 at 9:00 a.m., to determine whether the proposed Settlement is fair, reasonable and adequate and should be finally approved. The hearing will take place at the Sacramento County Superior Court, in Dept. 54, located at 720 9th Street, Sacramento, California 95814. You are not required to attend the hearing in order to participate in the settlement.
WHAT YOU CAN DO
1. To Receive A 20% off Coupon. As a Class Member you are eligible to receive a 20% off coupon (maximum value of up to $20 off). In order to receive your 20% off coupon, you must timely complete and return a valid Claim Form. A Claim Form can be obtained by asking for a Claim Form at a Fry's return register or by downloading a Claim Form at www.frys.com. In order for the Claim Form to be considered, it must be postmarked by July 25, 2008, and mailed to Krimsky v. Fry's Electronics Claims Administrator, c/o Desmond, Marcello & Amster, P.O. Box 451999, Los Angeles, California 90045.
2. To Exclude Yourself From The Settlement. As a Class Member, you have the right to exclude yourself from the Action and the settlement. If you are a Class Member and wish to be excluded, you must submit a letter or postcard post-marked no later than June 25, 2008 with the case name, your name, address, and telephone number, stating "I wish to be excluded from the Fry's Class Action." To be considered valid, a request for exclusion must set forth all of this information and must be timely received. It must be signed by you personally, in order to be valid. Your request must be sent to: Fry's Class Action: Krimsky v. Fry's Electronics Claims Administrator, c/o Desmond, Marcello & Amster, P.O. Box 451999, Los Angeles, California 90045.
If you timely and validly request exclusion from the Class, you will be excluded from the Class; you will not receive any benefits from the settlement; you will not be bound by the judgment entered in the Action and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Fry's based on the transactions complained of in the Action. If you do not wish to exclude yourself, and have no objection to the settlement, you are eligible to receive the benefits of the settlement if the settlement is approved.
3. To Object To The Settlement. If for some reason you desire to object to the terms of the settlement, you may do so under the procedures set forth below. If your objection is rejected you will be bound by the final judgment just as if you had not objected.
If you decide to appear and object, you must file and serve your written request to appear and object with the Court, and upon Counsel for all of the parties by June 25, 2008. You must serve all such notices and papers upon Class counsel and Defendant's counsel at the following addresses:
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Phillip R. Poliner, Esq. Westrup Klick LLP 444 West Ocean Blvd., Suite 1614 Long Beach, CA 90802 (Plaintiff Class Counsel) |
William H. Curtis, Esq. Fry's Electronics, Inc. Legal Department 600 East Brokaw San Jose, CA 95112 (Defendant Class Counsel) |
The mailing address for the Final Approval Hearing is:
Sacramento County Superior Court
Dept.54
720 9th Street
Sacramento, California 95814
Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be entitled to be heard at the settlement approval hearing.
If you have further questions regarding this lawsuit you may contact Plaintiffs' Class Counsel, Phillip R. Poliner Esq., of Westrup Klick LLP, at 1-888-268-6884. DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, TO THE JUDGE, OR TO COUNSEL FOR DEFENDANT.
