You have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement.
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The Court in charge of this case is the Honorable James C. Dever, III, a United States District Court Judge who was assigned this case, and the case is called
Yaquelin Medina v. Westdale Brentmoor, LLC d/b/a Brentmoor Apartments, Westdale Properties America I, LP a/k/a Westdale Properties America I, Ltd., and Westdale Asset Management, Limited Partnership a/k/a Westdale Asset Management, Ltd., Case No. 5:19-cv-142
The individual who sued is called the Representative Plaintiff, and the companies being sued, are called the Defendants.
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The lawsuit alleges that the Defendants unlawfully charged complaint filing fees, sheriff service fees, and attorneys’ fees (“Eviction Fees”) when filing summary ejectment/eviction actions against their tenants. Plaintiff also alleged that Defendants unlawfully threatened to charge Eviction Fees through written correspondence sent on or around the 6th of the month to all tenants who had not made a complete rental payment (the “Initial Collection Letter”).
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The lawsuit, as amended, brought four claims for relief: a violation of the North Carolina Residential Rental Agreements Act (N.C.G.S. § 42-46), a violation of the North Carolina Debt Collection Act (N.C.G.S. § 75-50 et seq.), a violation of the North Carolina Unfair and Deceptive Trade Practices Act (N.C.G.S. § 75-1.1 et seq.), and for declaratory judgment.
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The Defendants deny these claims, contend that they have numerous defenses to the action, and deny that class certification is required or appropriate.
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There are two types of Class Members in this Action:
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A) Collection Letter Class Members
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You are a Collection Letter Class Member if you are a natural person who at any point between February 28, 2015 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you received a letter that you would either be charged with Eviction Fees upon the filing of a summary ejectment action or that you owe Eviction Fees. A representative letter can be found
here.
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B) Eviction Fee Class Members
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You are an Eviction Fee Class Member if you are a natural person who at any point between February 28, 2015 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you were charged and paid Eviction Fees.
Eviction Fee Class Members are also Collection Letter Class Members as they meet the requirements of both Classes.
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Excluded from the Settlement Classes are (1) employees, directors, officers, and agents of Defendants; (2) persons who exclude themselves from the Settlement Classes as provided in this Notice; (3) anyone who has previously executed a written release that related to the collecting or threatening to collect Eviction Fees; and (4) the Court, the Court’s immediate family, and Court staff.
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A. Monetary Relief- Cash Fund
If you are a member of the
Collection Letter Class
, you must submit a valid and timely Claim Form either online by clicking
here,
or print it off and mail it to the address below by
April 12, 2021
. If you submit such a Claim Form, you are eligible to receive up to $50.00 if you certify under penalty of perjury that you received a Collection Letter threatening that Defendants would assess additional fees if you did not pay your full rent by a certain date. You may be eligible to receive up to $150.00 if you certify under penalty of perjury that you received more than one Collection Letter and provide the month and the year when those Letters were received. To qualify for the maximum award amount, you must provide specific information and the months and the years about at least three of the Collection Letters you received.
If you submit a valid and timely Claim Form, the amount you actually receive may be significantly different depending on how many valid claims are ultimately submitted by other Class Members.
The available Settlement Fund will be distributed on a proportional basis once the Settlement becomes final. The Collection Letter Class has been allotted $50,000.00 of the Settlement Fund. The exact amount of compensation will be determined after administrative expenses, service award, and attorneys’ fees and costs are deducted.
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You must submit a valid Claim Form to obtain Collection Letter benefits.
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If you are a member of
the Eviction Fee Class
, you do
NOT
need to file a claim to obtain Eviction Fee benefits. Defendants’ records demonstrate how many instances in which you were charged and paid Eviction Fees to Defendants during the Relevant Time Period. Accordingly, each Eviction Fee Class Member may receive compensation of approximately $485.00 for each time the Eviction Fee Class Member was charged and paid Eviction Fees.
If you are a member of the
Eviction Fee Class
, you are also a member of the
Collection Letter Class
. You must submit a Claim Form if you want to obtain Collection Letter Class benefits in addition to Eviction Fee Class benefits for which you are eligible automatically as explained above.
The available Settlement Fund will be distributed on a proportional basis once the Settlement becomes final. The Eviction Fee Class has been allotted the remainder of the Settlement Fund and any unclaimed funds allotted to the Collection Letter Class. The exact amount of compensation will be determined after administrative expenses, service award, and attorneys’ fees and costs are deducted, and awards may be subject to a pro rata reduction if oversubscribed.
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You do not need to submit a Claim Form to obtain Eviction Fee Class cash benefits.
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B. Monetary Relief-Debt Waiver
In addition to the cash payments described above, Defendants agrees to waive all Outstanding Debt owed by
Eviction Fee Class
members. This benefit is automatically available to all Eviction Fee Class members;
you do not need to submit a Claim Form to obtain Debt Waiver benefits.
C. Non-Monetary Relief
In addition to the Monetary Relief described above, any member of the Collection Letter Class and the Eviction Fee Class are eligible to request a
Consent Motion to Set Aside Judgment for Possession Pursuant to Rule 60(b)(5) and Stipulation of Dismissal.
This document will allow all Collection Letter Class and the Eviction Fee Class members to file a consent motion to remove a judgment for possession obtained by Defendants. It is each class members’ obligation to file the Consent Motion and Stipulation of Dismissal. Neither Defendants nor any of the properties managed by Defendants will be available to assist any class member with any aspect of this process.
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In order to quality for this Non-Monetary Relief, all Collection Letter Class and Eviction Fee Class members must file a valid and timely claim form.
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A. Monetary Relief- Cash Payments
Eviction Fee Class Members
do not need to submit a claim to obtain Eviction Fee benefits.
Defendant’s records will be used to determine your eligibility to participate in the Settlement.
Eviction Fee Class Members
are also members of the
Collection Letter Class
. As an Eviction Fee Class Member, you
must
submit a Claim Form as explained below if you want to obtain Collection Letter Class benefits in addition to Eviction Fee Class benefits for which you are eligible automatically.
Collection Letter Class Members
must complete and submit a timely Claim Form to be eligible to receive a payment. You can complete and submit your Claim Form online at the Settlement Website,
www.ncwdblandlordtenantclassaction.com
. The Claim Form can be downloaded from the Settlement Website, as well. You can also request a Claim Form be sent to you by sending a written request to the Settlement Administrator by mail or by email.
B. Monetary Relief-Debt Waiver
Collection Letter Class and Eviction Fee Class members do not need to submit a claim to obtain Debt Waiver benefits. This benefit will be automatically conferred.
C. Non-Monetary Relief
Collection Letter Class and Eviction Fee Class members must submit a timely and valid claim to obtain the
Consent Motion to Set Aside Judgment for Possession Pursuant to Rule 60(b)(5) and Stipulation of Dismissal.
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Mail:
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Medina, et al. v. Westdale Brentmoor, LLC., et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
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EMAIL:
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ncwdblandlordtenantclassaction@cptgroup.com
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Please read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than
April 12, 2021
or submit your Claim Form online
here
, by
April 12, 2021.
If you do not submit a valid Claim Form by the deadline, you will not receive a payment, and your claims will be extinguished.
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To exclude yourself, you must mail or email the Settlement Administrator, including the following:
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a.
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A caption or title that identifies it as “Request for Exclusion in
Medina, et al. v. Westdale Brentmoor, LLC, et al.,
Case No. 5:19-cv-142”;
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b.
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Your full name, address and telephone number;
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c.
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A statement that you wish to be excluded from the Settlement Class; and
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Your request for exclusion must be emailed or postmarked no later than
April 12, 2021
to the Settlement Administrator at:
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SETTLEMENT ADMINISTRATOR
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Class Action Opt-Out
Medina, et al. v. Westdale Brentmoor, LLC., et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Email: ncwdblandlordtenantclassaction@cptgroup.com
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No person or entity may opt-out on behalf of another Class Member.
If you don’t include the required information or timely submit your request for exclusion, you will remain a Settlement Class Member and will not be able to sue the Released Persons about the claims in this lawsuit.
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Any Class Member who does not timely and properly opt out of the Settlement may object to the fairness, reasonableness, or adequacy of the proposed Settlement under North Carolina Rule of Civil Procedure 23. Each Class Member who wishes to object to any term of this Agreement must do so, in writing, by filing a written objection with the Clerk of the Court and mailing it to Settlement Class Counsel, and counsel for Defendant.
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The written objection must include:
(i) the objector’s name, address, and telephone number; (ii) the name of this Action and the case number; (iii) a statement of each objection; (iv) proof of Class membership; and (v) a written brief detailing the specific basis for each objection, including any legal and factual support the objector wishes to bring to the Court’s attention and any evidence the objector wishes to introduce in support of the objection.
If the objection is made through an attorney, the written objection must also include: (1) the identity and number of the Settlement Class Members represented by objector’s counsel; (2) the number of such represented Settlement Class members who have opted out of the Settlement Class; and (3) the number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected. If the attorney intends to seek fees and expenses from anyone other than the objectors he or she represents, the attorney shall also file with the Court and serve upon Class Counsel and Defendants’ Counsel not later than fourteen (14) days before the Final Fairness Hearing or as the Court may otherwise direct a document containing the following: (1) the amount of fees sought by the attorney for representing the objector and the factual and legal justification for the fees being sought; (2) a statement regarding whether the fees being sought were calculated on the basis of a lodestar, contingency, or other method; (3) the number of hours already spent by the attorney and an estimate of the hours to be spent in the future; and (4) the attorney’s hourly rate.
Objectors must also make themselves available for deposition by counsel for the Parties between the time the objection is filed and a date no later than five (5) days before the Final Fairness Hearing, and the objection must include the dates when the objector is available for deposition.
Any Settlement Class member who files and serves a written objection satisfying the requirements of this section, may appear at the Fairness Hearing, either in person or through personal counsel hired at the Settlement Class member’s expense, to object to any aspect of the fairness, reasonableness, or adequacy of the Settlement. Class members, or their attorneys, intending to make an appearance at the Final Fairness Hearing must deliver to Class Counsel and Defendants’ Counsel and have file-marked by the Court, no later than thirty days before the Final Fairness Hearing or as the Court otherwise may direct, a Notice of Intent to Appear. The Notice of Intent to Appear must: (1) state how much time the Settlement Class member anticipates needing to present the objection; (2) identify, by name, address, and telephone number all witnesses the Settlement Class member proposes to have testify; (3) summarize in detail the anticipated testimony of all such witnesses; (4) identify all exhibits the Settlement Class member intends to offer in support of the objection; and (5) attach complete copies of all such exhibits.
Your objection, along with any supporting material you wish to submit, must be filed with the Court, with a copy delivered to Class Counsel, Defendants’ Counsel and Settlement Administrator no later than
April 12, 2021
at the following addresses:
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CLASS COUNSEL
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DEFENDANTS’ COUNSEL
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COURT
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SETTLEMENT ADMINISTRATOR
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Scott Harris, Esq.
Patrick Wallace, Esq.
Whitfield Bryson LLP
900 W. Morgan Street
Raleigh, North Carolina 27603
Edward H. Maginnis
Karl S. Gwaltney
Maginnis Law, PLLC
4801 Glenwood Avenue, Suite 310
Raleigh, North Carolina 27612
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Joseph S. Dowdy
Phillip A. Harris, Jr.
KILPATRICK TOWNSEND & STOCKTON LLP
4208 Six Forks Road, Suite 1400
Raleigh, North Carolina 27609
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U.S.D.C. for the Eastern District of North Carolina
310 New Bern Avenue #174
Raleigh, NC 27601
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Medina, et al. v. Westdale Brentmoor, LLC, et al.
Settlement Administrator
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
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This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, available
here.
If you have additional questions or want to request a Claim Form, you can visit the Settlement Website or contact the Settlement Notice & Claims Administrator:
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Mail:
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Medina, et al. v. Westdale Brentmoor, LLC, et al.,
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
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EMAIL:
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ncwdblandlordtenantclassaction@cptgroup.com
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TOLL-FREE:
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1-888-416-3246
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Updates will be posted at the Settlement Website,
www.ncwdblandlordtenantclassaction.com, as information about the Settlement process becomes available.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE CONCERNING THIS CASE.
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