Frequently asked questions
- Why did I get Notice?
- What is the lawsuit about?
- Why is this a class action?
- Why is there a Settlement?
- How do I know if I am part of the Class?
- Are there exceptions to being included?
- What if I am still not sure if I am included?
- What does the Settlement provide?
- How much will my payment be?
- Do I have to do anything to get a payment?
- What if the information on my Postcard Notice is incorrect?
- When will I get my payment?
- What am I giving up to get a payment or stay in the Settlement Class?
- What am I giving up to get a payment or stay in the Settlement Class?
- How do I get out of the Class or the Settlement?
- If I don’t exclude myself, can I sue these Defendants for the same thing later?
- If I exclude myself, can I get money from this Settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I tell the Court that I don’t like the Settlement?
- What’s the difference between objecting and requesting exclusion?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- Can I speak at the hearing?
- What happens if I do nothing at all?
- Are there more details about the Settlement?
- How do I get more information?
- Why did I get Notice?
If you received a Notice, it is because the Defendants’ records show that you received at least one Notice of Violation of Girard City Ordinance 333.03 and/or Traffic Code Ordinance 8069.16 for traveling in excess of 55 m.p.h. in the westbound lane of Interstate 80 through the City of Girard between December 7, 2017 and January 7, 2018 (“Qualifying Citation”).
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The Court required that notice be issued because Class Members have a right to know about the Class Action against the City of Girard and a proposed class settlement with Blue Line, and about all their legal options, before the ongoing litigation against City of Girard continues and before the Court decides whether to approve the class settlement with Blue Line. The Court has preliminarily approved the Settlement with Blue Line. If the Court gives the Settlement its final approval, and after the ongoing litigation against the City of Girard and any appeals of any order in the Action are resolved, payments under the Blue Line Settlement plus any recovery against the City of Girard will be made in one payment to Class Members who made a Qualifying Payment on a Qualifying Citation. Please check the Settlement Website for updates on the status of the Settlement and the ongoing Litigation. This Notice explains the lawsuit, the Settlement, the legal rights of Class Members, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of the settlement approval process is the Court of Common Pleas, Trumbull County, Ohio, Hon. Andrew D. Logan, presiding.
Miles Black, Melissa Black a.k.a. Melissa Hyde, Lorraine Morris, John Perfette, Samuel Rotz, and John Beal, who sued Defendants in the Action, are called the Plaintiffs or the Class Representatives. - What is the lawsuit about?
Plaintiffs brought the Action on behalf of everyone who was issued a citation for allegedly traveling in excess of 55 m.p.h. in violation of Girard City Ordinance 333.03 and/or Traffic Code Ordinance 8069-16, between December 7, 2017 and January 7, 2018, in the westbound lane of Interstate 80 within the municipal limits of the City of Girard. Plaintiffs asserted the following causes of action against Blue Line: (1) Declaratory Judgment; (2) Equitable Restitution; (3) Violation of Ohio’s Consumer Sales Practices Act, R.C. § 1345.01, et seq. (“CSPA”); and (4) Civil Conspiracy. Blue Line moved to dismiss the Action. The Court dismissed the claims under the CSPA, and the Court allowed the remaining claims to proceed against Blue Line.
Top - Why is this a class action?
In a class action, one or more people called Plaintiffs sue on behalf of people who have similar claims. The Plaintiffs seek to have a single court resolve the issues for all members of the Class, except for those who wish to exclude themselves from the Class, and Plaintiffs seek appointment as the Class Representatives to represent the interests of Class Members. On July 10, 2019, the Court granted Plaintiffs’ motion for class certification and appointed Plaintiffs as Class Representatives and DannLaw and Zimmerman Law Offices, P.C. as Class Counsel (“Class Counsel”). The Defendants appealed the Class certification, and it was upheld on appeal.
Top - Why is there a Settlement?
The Court has not yet decided in favor of either Plaintiffs or Defendants on the merits of Plaintiffs’ claims or Defendants’ defenses. However, rather than continue with the court proceedings, the Blue Line and Plaintiffs (“Settling Parties”) agreed to the Settlement. Before entering into the Settlement, the lawyers for the Plaintiffs in the Actions (“Class Counsel”) conducted an extensive investigation of the facts, and after conducting their extensive investigation, Class Counsel analyzed the significant risks associated with the continued litigation of the Actions, including risks relating to overcoming Blue Line’s defenses. Based on all these considerations and others, Class Counsel and the Class Representatives think the Settlement is best for all Settlement Class Members.
Top - How do I know if I am part of the Class?
The Class is composed of all persons or entities who were issued a citation for allegedly traveling in excess of 55 m.p.h. in violation of Girard City Ordinance 333.03 and/or Traffic Code Ordinance 8069-16, between December 7, 2017 and January 7, 2018, in the westbound lane of Interstate 80 within the municipal limits of the City of Girard.
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The Court also certified two Subclasses consisting of certain persons in the Class, as follows:
Subclass 1: All persons and entities who were issued a citation for allegedly traveling in excess of 55 m.p.h. in violation of Girard City Ordinance 333.03 and/or Traffic Code Ordinance 8069-16, between December 7, 2017 and January 7, 2018, in the westbound lane of Interstate 80 within the municipal limits of the City of Girard, and who paid any fines, penalties or fees related to the citation.
Subclass 2: All persons and entities who were issued a citation for allegedly traveling in excess of 55 m.p.h. in violation of Girard City Ordinance 333.03 and/or Traffic Code Ordinance 8069-16, between December 7, 2017 and January 7, 2018, in the westbound lane of Interstate 80 within the municipal limits of the City of Girard, who have not paid any fines, penalties or fees related to the citation, and whose citation was not found not liable at a hearing.
If you received a Postcard Notice of this Settlement, then Defendants’ records show that you received a Qualifying Citation. Thus, if you received a Postcard Notice, then Defendants’ records indicate that you are a Settlement Class Member. - Are there exceptions to being included?
Yes. Even if you fall within the Class definition as described in the answer to Question 5, you are not a Class Member if you are: Defendants Blue Line and the City of Girard and their agents; the Judge to whom this case is assigned and the Judge’s immediate family; any person who submits a timely request for exclusion from the Class or the Settlement; any persons who have had their claims in this matter finally adjudicated and/or otherwise released; and the legal representative, successors, and assigns of any such excluded person.
Top - What if I am still not sure if I am included?
If you are still not sure whether you are included, you can ask for free help. You can visit the Case Documents page for more information, or you can call one of the Class Counsel: Marc E. Dann of DannLaw at (216) 373-0539, or Thomas A. Zimmerman Jr. of Zimmerman Law Offices, P.C. at (312) 440-0020.
Top - What does the Settlement provide?
Blue Line has agreed to pay a total of $175,000 into a Settlement Fund. After subtracting Class Counsel’s attorneys’ fees awarded by the Court, reimbursement to Class Counsel for their out-of-pocket expenses already paid in prosecution of the Action, Incentive Awards for the Class Representatives, and the notice and administration costs of the Settlement Administrator, the remaining money in the Settlement Fund (the “Net Settlement Fund”) shall be distributed to Settlement Class Members pro rata who made a Qualifying Payment. For more information on exactly how the Net Settlement Fund will be allocated, please read the full Settlement Agreement, which is available on the Settlement Website at the Case Documents page.
Also as part of the Settlement, Blue Line agrees to release any claims it may have for further payments on the Qualifying Citations, and will cease all enforcement efforts to collect money outstanding on Qualifying Citations.
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If you made a Qualifying Payment, you do not need to take any action to receive a payment under the Settlement.
The Court must approve the amount of attorneys’ fees, costs, and expenses, and the Class Representative Incentive Awards that will be paid from the Settlement Fund. The Settlement authorizes Class Counsel to seek an award of attorneys’ fees of up to $58,333.33 from the Settlement Fund. The Settlement also authorizes Class Counsel to seek reimbursement for all costs and expenses they paid out-of-pocket in prosecution of the Action, and the Class Representative Incentive Awards for the six Class Representatives in the amount of $1,000 each (for a total of $6,000) for their efforts in undertaking the litigation and assisting Class Counsel with the prosecution of the Action. - How much will my payment be?
Payment to Settlement Class Members under the Blue Line Settlement will be combined with a payment from any potential recovery against the City of Girard, should there be a favorable outcome in the ongoing Litigation against the City of Girard. There is no guarantee that there will be a recovery from the City of Girard. However, based off of the Blue Line Settlement Fund alone, after subtracting Class Counsel’s attorneys’ fees as awarded by the Court from the Settlement Fund, reimbursement to Class Counsel for their out-of-pocket costs and expenses in prosecution of the Action, Class Representative Incentive Awards as awarded by the Court, and the payment of Administrative Costs of the Settlement Administrator, the remaining money in the Settlement Fund (the “Net Settlement Fund”) shall be distributed to Settlement Class Members pursuant to a plan of allocation to be approved by the Court. The Net Settlement Fund will be distributed pro rata, which means that Class Members eligible for payment will receive a payment that is a percentage of the Net Settlement Fund equal to the ratio of their Qualifying Payment and the total of all Qualifying Payments of the Settlement Class.
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Each Settlement Class Member will be sent a Postcard Notice explaining the nature of the Action, the certification of the Class, and the Settlement.
Settlement Class Members who do not Opt Out of either the Class or the Settlement will be bound by the Final Approval Order approving the Settlement. - Do I have to do anything to get a payment?
No. If you made a Qualifying Payment, you do not need to do anything to receive a payment.
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If you do nothing, then you will be bound by the Final Approval Order approving the Settlement.
If you submit a timely Request for Exclusion from the Class, then you will not receive any money from the Settlement or the ongoing Litigation, and you will not be bound by any of the orders of the Court entered in the Action. This is the only option that allows you to be part of any other lawsuit against Defendants based on the allegations made in this case. If you remain in the Class Action and Opt Out of the Settlement, you will get no payment from the Settlement, but may receive a payment if there is an additional recovery from the City of Girard in the Litigation. - What if the information on my Postcard Notice is incorrect?
If you believe that your Postcard Notice contains inaccurate or incomplete information, then please contact Class Counsel: Marc E. Dann of DannLaw at (216) 373-0539, or Thomas A. Zimmerman Jr. of Zimmerman Law Offices, P.C. at (312) 440-0020.
Top - When will I get my payment?
The Court will hold a hearing on November 22, 2021 at 11:00 a.m. to decide whether to approve the Settlement. If the Court approves the Settlement, there may be one or more appeals. It’s always uncertain whether these appeals can be resolved, and resolving them may take time, often more than a year. The Net Settlement Fund from the Blue Line Settlement will be held in escrow by the Settlement Administrator until the conclusion of the remaining Litigation against the City of Girard. Once the remaining Litigation against the City of Girard, as well as any and all appeals are resolved, the Settlement Administrator can issue checks.
Top - What am I giving up to get a payment or stay in the Settlement Class?
Unless you exclude yourself from the Class, you will stay in the Class, and all of the Court’s orders will apply to you and legally bind you. That means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the Qualifying Citations. If you stay in the Class and do not Opt Out of the Settlement, you will fully, finally, and forever release and forever discharge your claims against Blue Line according to the Release set forth in the Settlement Agreement. If you stay in the Class, the Court will proceed to determine your rights in the ongoing Litigation against the City of Girard, and you will be bound by court orders and the judgment entered by the Court as to the Class.
Top - What am I giving up to get a payment or stay in the Settlement Class?
Unless you exclude yourself from the Class, you will stay in the Class, and all of the Court’s orders will apply to you and legally bind you. That means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the Qualifying Citations. If you stay in the Class and do not Opt Out of the Settlement, you will fully, finally, and forever release and forever discharge your claims against Blue Line according to the Release set forth in the Settlement Agreement. If you stay in the Class, the Court will proceed to determine your rights in the ongoing Litigation against the City of Girard, and you will be bound by court orders and the judgment entered by the Court as to the Class.
Top - How do I get out of the Class or the Settlement?
To exclude yourself from the Class, you must send a letter by mail to the Settlement Administrator stating that you want to be excluded from the Class. This will necessarily exclude you from the Blue Line Settlement, as well as the ongoing Litigation. Your written request for exclusion must include all of the following:
(a) Your name and address;
(b) Your physical signature;
(c) The case name and court number of the Action “Black v. City of Girard, Ohio, Case No. 2018-cv-1256”; and
(d) A statement that you wish to be excluded from the Class.
To exclude yourself from the Blue Line Settlement only, while remaining in the Class in the ongoing Litigation against the City of Girard, you must send a letter by mail to the Settlement Administrator stating that you want to be excluded from the Blue Line Settlement. Your request for exclusion must include all of the following:
(a) Your name and address;
(b) Your physical signature;
(c) The case name and court number of the Action “Black v. City of Girard, Ohio, Case No. 2018-cv-1256”; and
(d) And a statement that you wish to be excluded from the Blue Line Settlement.
You must mail your request for exclusion postmarked no later than November 8, 2021 to:
Black v. City of Girard
Settlement Administrator
P.O. Box 43501
Providence, RI 02940-3501If you ask to be excluded from either the Class or this Settlement, you will not get any Settlement payment, you cannot object to the Settlement, and you cannot ask to speak at the Final Approval Hearing. If you Opt Out of the Class, you will not be legally bound by anything that happens in the ongoing Litigation against the City of Girard. Depending upon the applicable statute of limitations, you may be able to pursue a claim (or continue to pursue a claim) against Defendants on your own. If you Opt Out of this Settlement and remain in the Class, you will not receive any payment from this Settlement with Blue Line, but you will be entitled to receive payment from any recovery that may be obtained from the City of Girard, if there is any future recovery from the City of Girard.
Top - If I don’t exclude myself, can I sue these Defendants for the same thing later?
No. Unless you exclude yourself from the Class, you give up any right to sue any of the Defendants for the claims that this Settlement and the ongoing Litigation resolves or will resolve. If you have a pending lawsuit against Defendants (or any of their related parties as described in answer to Question 13 above), speak to your lawyer in that case immediately. You may have to submit a request for exclusion to continue your own lawsuit against Defendants or any of their related parties. Remember, the exclusion deadline is November 8, 2021.
Top - If I exclude myself, can I get money from this Settlement?
No. If you exclude yourself from either the Class or the Blue Line Settlement, you will not receive any money from the Settlement with Blue Line.
Top - Do I have a lawyer in this case?
The Court has appointed as Class Counsel Marc E. Dann of DannLaw and Thomas A. Zimmerman Jr. of Zimmerman Law Offices, P.C. You will not be separately charged for their services. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
Class Counsel will ask the Court to approve payment of attorneys’ fees in an amount not to exceed one-third of the Settlement Fund, which is $58,333.33, plus reimbursement of their out-of-pocket costs and expenses. The attorneys’ fees, costs, and expenses awarded by the Court would pay Class Counsel for investigating the facts, litigating the case, and negotiating and managing the Settlement. The Court may award less than the amounts requested. The amounts paid for attorneys’ fees, costs, and expenses will be paid out of the Settlement Fund and will reduce the amount paid to Settlement Class Members.
Top - How do I tell the Court that I don’t like the Settlement?
If you are a Settlement Class Member, you can object to the Settlement if you don’t like a part of it and tell the Court why you feel the Settlement should not be approved. The Court will consider your views according to the law. To object, you must mail and file a document with the Court stating that you object to the Settlement. Your objection must be in writing and it must include:
(a) your name and address;
(b) your arguments, citations, reasons, and evidence supporting your objection;
(c) a statement that you are a Settlement Class Member;
(d) the citation numbers of Qualifying Citations you were issued;
(e) your physical signature; anda statement indicating whether you intend to appear at the Final Approval Hearing with or without counsel.
In addition to you filing your objection with the Court at the address below no later than November 8, 2021, the objection must also be mailed to Class Counsel and Blue Line’s counsel at the following addresses, postmarked no later than November 8, 2021:COURT
Clerk of the Court
Common Pleas, Trumbull County, Ohio
161 High Street N.W.
Warren, OH 44481CLASS COUNSEL
Thomas A. Zimmerman, Jr.
Zimmerman Law Offices, P.C.
77 W. Washington Street
Suite 1220
Chicago, IL 60602BLUE LINE’S COUNSEL
Robert S. Yallech
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Reminger Co., LPA
11 Federal Plaza Central
Suite 1200
Youngstown, OH 44503 - What’s the difference between objecting and requesting exclusion?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class and the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class or the Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
THE COURT’S FINAL APPROVAL HEARING
The Court has preliminarily approved the Settlement. The Court will hold a Final Approval Hearing to decide whether to give final approval to the Settlement. Although you don’t have to, you may attend and, if you filed a timely, written objection, you can ask to speak at the hearing.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold the Final Approval Hearing at 11:00 a.m. on November 22, 2021 at the Court of Common Pleas, Trumbull County, 161 High Street N.W., Warren, OH 44481. At this hearing, the Court will consider whether the Settlement with Blue Line is fair, reasonable, adequate and in the best interests of the Settlement Class. The Court will also consider whether to approve the proposed plan of allocation of the Settlement proceeds. The Court will also consider whether to approve the application by Class Counsel for payment of attorneys’ fees, costs, and expenses, and the application for the payment of Incentive Awards to the Class Representatives.
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If there are any timely objections to the Settlement, the Court will consider them. The Court may listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement and how much to pay Class Counsel and the Class Representatives. We do not know how long these decisions will take.
The Final Approval Hearing may be continued or adjourned by the Court without further notice to the Settlement Class. Settlement Class Members who may attend the Final Approval Hearing can check the Settlement Website for updates. - Do I have to come to the hearing?
No. Class Counsel will answer questions the Court may have. But you are welcome to attend at your own expense. If you send an objection, you don’t have to come to the hearing to talk about it. As long as you mailed your written objection on time and it complies with the requirements in the Court’s Preliminary Approval Order, the Court will consider it. If you hired your own lawyer, you may have to pay your own lawyer to attend, but it’s not necessary that he or she do so.
Top - Can I speak at the hearing?
You cannot speak at the hearing if you excluded yourself from the Class or the Settlement. If you filed a timely, written objection, you (or your own lawyer) may appear and speak at the Final Approval Hearing, if the Court permits it, but, to do so, a notice of your intention to appear must be filed with the Court.
Top - What happens if I do nothing at all?
If you do nothing, you will be bound by orders of the Court in the ongoing Litigation and the Final Approval Order approving the Settlement and cannot start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the issues in the Action.
Top - Are there more details about the Settlement?
This Notice summarizes a proposed Settlement. More details are available in the Settlement Agreement. If you wish to review the Settlement Agreement, you may do so by visiting the Case Documents page.
Top - How do I get more information?
You can call Toll-Free 1-888-559-9713, or visit the Settlement Website at the Case Documents page where you will find answers to common questions about the Settlement, plus other information to help you determine whether you are a member of the Class and whether you are eligible for payment. The most important documents in this case can be viewed, free of charge, on the Settlement Website.
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