Medina, et al. v. Westdale Brentmoor, LLC, et al.

 United States District Court – Eastern District of North Carolina – Western Division |  Case No. 5:19-cv-142-D


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If you resided in any of the properties in North Carolina owned and/or managed by 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., you may be entitled to benefits from a class action Settlement.

What is this Lawsuit about?

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”).

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.

The Defendants deny these claims, contend that they have numerous defenses to the action, and deny that class certification is required or appropriate.

How much can I expect to receive from the Settlement?

There are two types of Class Members in this Action:

A. Collection Letter Class Members

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.

B. Eviction Fee Class Members

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.

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.


What are my options?


COLLECTION LETTER CLASS
SUBMIT A CLAIM FORM BY APRIL 12, 2021 If you wish to receive benefits from the Settlement, you must submit a valid and timely Claim Form. Click here to file a Claim Form.
EXCLUDE YOURSELF BY APRIL 12, 2021 You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants about the legal claims in this case.
OBJECT BY APRIL 12, 2021 Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.
GO TO A HEARING ON MAY 14, 2021 AT 10:00 A.M. Ask to speak in Court about the fairness of the Settlement.
FILE A NOTICE OF INTENT TO APPEAR BY APRIL 12, 2021 Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants Counsel no later than this date.
DO NOTHING Get no payment. Give up rights to ever sue the Defendants about the legal claims in this case.
EVICTION FEE CLASS
DO NOTHING You will remain a member of the Eviction Fee Class and will automatically receive a Settlement Benefit. Members of this Class do not need to file a Claim, unless they are also members of the Collection Letter Class and/or wish to receive non-monetary relief
EXCLUDE YOURSELF BY APRIL 12, 2021 You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants about the legal claims in this case.
OBJECT BY APRIL 12, 2021 Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.
GO TO A HEARING ON MAY 14, 2021 AT 10:00 A.M. Ask to speak in Court about the fairness of the Settlement.
FILE A NOTICE OF INTENT TO APPEAR BY APRIL 12, 2021 Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants Counsel no later than this date.





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