The purpose of the Notice is to inform potential class members about the proposed Settlement of a class action lawsuit. The Notice and this website explain:
In a class action lawsuit, one or more people, called “Named Plaintiffs” or “Class Representatives,” sue on behalf of people who the Named Plaintiff believes have similar claims. The people together are called the “Class” or “Class Members.” In this case, the Named Plaintiff and the company being sued, the Defendant, have reached a proposed Settlement. A Court is considering whether to approve the Settlement, so it has allowed, or “certified,” this case as a class action for Settlement purposes only. All decisions that the Court makes concerning the Settlement will affect everyone in the Settlement Class.Back To Top
A class action was filed in the United States District Court for the Central District of California entitled Jonathan Weisberg, individually and on behalf of all others similarly situated, v. HD Supply, Inc. Case No. 2:15-cv-08248-FMO (MRWx) (C.D. Cal.). This lawsuit is referred to as the “Class Action.”Back To Top
This Class Action alleges that Defendant violated a federal law by sending text messages to individuals’ mobile phones without their consent.
Defendant strongly denies any wrongdoing, but has agreed to settle the Lawsuit in order to avoid the burden and cost of further litigation.Back To Top
The Court did not decide in favor of the Named Plaintiff or Defendant. The Class Representative and Class Counsel (see FAQ 21 and FAQ 18) believe that the claims asserted in the Class Action have merit, but believe that the Settlement is in the best interests of the Settlement Class. Class Counsel have evaluated information made available in the course of the lawsuit and Settlement negotiations and have taken into account the risks and uncertainties of proceeding with the Class Action. Those risks include the uncertainty of obtaining and maintaining class certification, prevailing on the merits, proving substantial damages at trial, and prevailing on post-trial motions and likely appeals. Based upon the consideration of these and other factors, including the substantial time and expense of further litigation, Class Counsel believe that it is in the best interests of the Settlement Class to settle the Class Action on the terms described in the Settlement Agreement.
Defendant strongly denies any wrongdoing and does not believe it has any liability to the Class Representative or the Settlement Class. However, Defendant believes that it is in its best interest to settle the Class Action under the terms of the Settlement Agreement and obtain closure on these matters to avoid the uncertainty, expense, and diversion of business resources resulting from further litigation.
The Parties engaged in Settlement negotiations, participated in mediation before a professional mediator, and shared information pertaining to the claims asserted in the Class Action before reaching the Settlement.
The Notice and this website do not imply that any court has found or would have found that Defendant violated the law, that a class would have been certified, or that any member of the class would have recovered any amount of damages if the Class Action were not settled.Back To Top
You are a member of the Settlement Class if:
After the Court grants final approval of the Settlement, each Settlement Class Member who submitted a Valid Claim Form as described above will receive a check in the mail for an amount that shall be calculated pro rata based on the number of Valid Claim Forms that are submitted by the Settlement Class.
If you wish to receive your portion of the Settlement Fund, you need to complete and submit the online Claim Form, or mail a copy to HDS Settlement Administrator, P.O. Box 4129, Portland, OR 97208-4129 by December 26, 2017.Back To Top
No. No money or benefits are available now because the Court has not yet decided whether to approve the Settlement and because it is not yet final. There is no guarantee that money or benefits will ever be distributed.Back To Top
If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the Settlement. However, your failure to timely submit a Valid Claim Form will forfeit your right to receive your portion of the Settlement Fund. All unclaimed Settlement Funds will then be given to The Public Justice Foundation.Back To Top
If you remain in the Settlement Class, you give up your right to sue in court or arbitration or be part of any other lawsuit or arbitration against Defendant or its affiliates regarding any issues related to the Released Claims (please see the Settlement Agreement for the claims that will be released). Additionally, all of the Court’s orders will apply to you and legally bind you.Back To Top
You may want to exclude yourself from the Settlement Class if you already have filed (or intend to file) a lawsuit or arbitration against Defendant or its affiliates for the Released Claims and want to continue that lawsuit or arbitration individually, on your own behalf. If you do not exclude yourself, you will be legally bound by all orders of the Court regarding the Settlement Class, the Settlement Agreement, and the Released Claims. All Settlement Class Members who do not ask to be excluded will be forever barred from asserting against Defendant and its affiliates any and all actions, claims, causes of action, proceedings, or rights of any nature and description whatsoever regarding the Released Claims, as more fully described in the Settlement Agreement. Settlement Class Members who request exclusion shall not be entitled to recover any benefits from the Settlement. Settlement Class Members who request exclusion will not receive a check in the mail after the Settlement becomes Final.Back To Top
You may exclude yourself (“opt out”) from the Settlement Class by submitting this form electronically here, or you may download and print out the form and mail it to the Settlement Administrator. If you choose to mail your Opt-Out Form, please send it to the following address:
HDS Settlement Administrator
P.O. Box 4129
Portland, OR 97208-4129
The Opt-Out Form must be submitted electronically or postmarked no later than December 5, 2017.
If you exclude yourself from the Settlement, you cannot object to the Settlement and you will not receive any money or other benefits from the Settlement.
However, you may rescind your request for exclusion by providing written notice of withdrawal to the Settlement Administrator no more than fourteen (14) days after the Final Approval Hearing.
You cannot exclude yourself from the Settlement via telephone or email.Back To Top
Yes, but not if you exclude yourself from the Settlement Class. Objecting is simply telling the Court that you do not like something about the Settlement but that you elect to remain in the Settlement Class. All objections that are served on the Court by the deadline of December 5, 2017 will be considered at the Final Approval Hearing on January 18, 2018. If you do not serve an objection, you waive your right to appeal any Court order or judgment related to the Settlement. If the Settlement is ultimately approved over your objection, you will receive a check in the mail in the amount of your pro rata share of the net Settlement Fund less attorney’s fees, costs of suit and administration costs, after the Settlement’s Effective Date and after the Court grants final approval of the Settlement. You will be bound by the Settlement and give up your right to sue on your own regarding any claims that are part of the Settlement.
To object to the Settlement, you must submit a written objection to the Clerk of the Court, by the objection deadline. Please note: you must submit an objection to the Settlement Administrator if you intend to appear and speak at the Final Approval Hearing.
Your written objection must include:
Your objection and any supporting papers must be filed with the Court and mailed or delivered to Class Counsel and HDS’ Counsel at the following addresses, postmarked no later than December 5, 2017:
|Court||Class Counsel||HDS’ Counsel|
|Clerk of the Court
U.S. District Court for the
Central District of California
350 West First Street
Los Angeles, CA 90012
|Todd M. Friedman, Esq.
The Law Offices of Todd M. Friedman, P.C.
21550 Oxnard Street
Woodland Hills, CA 91367
|Alexander H. Cote, Esq.
Scheper, Kim & Harris LLP
601 West Fifth Street
Los Angeles, CA 90071
The Court will hold a Final Approval Hearing on January 18, 2018, at 10:00 a.m. in Courtroom 6D of the United States District Court for the Central District of California, the Honorable Fernando M. Olguin presiding, located at 350 West First Street, 6th Floor, Los Angeles, California 90012. The date of the Final Approval Hearing may change, so please refer to this Settlement Website to confirm the date and time of the Final Approval Hearing. At the Final Approval Hearing, the Court will consider:
No. Your attendance at the Final Approval Hearing is not required even if you submit a written objection. However, you or your attorney may attend the hearing at your own expense.Back To Top
In addition to the requirements for submitting objections, as listed in FAQ 13, if you and/or your attorney intend to appear at the Final Approval Hearing, you must provide to the Settlement Administrator (who shall forward it to Class Counsel and Defense Counsel) and file with the Clerk of the Court a notice of intention to appear at the Final Approval Hearing no later than thirty (30) days before the Final Approval Hearing or as the Court may otherwise direct.
The address for the Clerk of the Court is:
Clerk of the Court
U.S. District Court for the Central District of California
350 West First Street
Los Angeles, CA 90012
You may file the notice of intention to appear in person or electronically in the case of Jonathan Weisberg, et al. v. HD Supply, Inc. Case No. 2:15-cv-08248-FMO (MRWx) (C.D. Cal.) in the United States District Court for the Central District of California.Back To Top
Yes, you may speak at the Final Approval Hearing to object to the proposed Settlement, but only if you have submitted a written objection and filed a notice of intention to appear as described above (unless the Court provides otherwise). You may also enter an appearance through an attorney hired at your own expense.Back To Top
Yes. The Court appointed the Law Offices of Todd M. Friedman, P.C. to represent you and the other Settlement Class Members. They are called “Class Counsel.” More information about this law firm, their practices, and their lawyers is available at www.toddflaw.com.Back To Top
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, you may hire an attorney at your own expense to represent you and speak on your behalf.Back To Top
If the Court approves the Settlement Agreement at the Final Approval Hearing, then Class Counsel will ask the Court for an award of reasonable attorneys’ fees and costs in an amount not to exceed $356,250.Back To Top
Yes. The Class Representative in this Class Action is Named Plaintiff Jonathan Weisberg. Class Counsel will request that the Court grant an incentive award of up to $5,000 for the Class Representative.Back To Top
This website is only a summary of relevant court documents. Please visit the Documents Page to see complete copies of case-related documents. If you have further questions, you may contact the Settlement Administrator or Class Counsel on the Contact Us Page.Back To Top
Please do not contact the Court, Defendant or Defense Counsel regarding this Settlement. They cannot provide you any advice.Back To Top