IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON
Price, et al. v. City of Seattle, et al.) No. C03-1365L
TO: ALL REGISTERED OWNERS WHO PAID TO REDEEM THEIR VEHICLES FOLLOWING IMPOUND BY THE CITY OF SEATTLE FOR DRIVING WITH LICENSE SUSPENDED (DWLS) VIOLATIONS BETWEEN MARCH 20, 2000 AND DECEMBER 27, 2002.
YOU MAY BE ENTITLED TO A RECOVERY UNDER THE TERMS OF THIS SETTLEMENT
PLEASE READ THIS CAREFULLY
1. WHY SHOULD I READ THIS NOTICE?
Your rights may be affected by a proposed settlement in this lawsuit, Price v. City of Seattle, No. C03-1365L (the “Action”), which is now pending before the Honorable Robert S. Lasnik in the United States District Court for the Western District of Washington (the “Court”). This Notice is given pursuant to Federal Rule of Civil Procedure 23 and by order of the Court.
The purpose of this Notice is to inform you that there has been a proposed settlement of this Action (“Settlement”) pursuant to a written agreement between the parties (the “Settlement Agreement”), which has been preliminarily approved by the Court. This Notice summarizes the essential information concerning the Settlement and your potential rights under the Settlement.
2. WHAT IS THIS LAWSUIT ABOUT?
This case involves impoundment of vehicles by the City of Seattle for driving with license suspended (DWLS) violations between March 20, 2000 and December 27, 2002 (the “Class Period”). Plaintiffs allege that these impounds were conducted under an unlawful mandatory impound policy.
On May 4, 2004, the Court ruled that the lawsuit could proceed as a class action. The Court named Adam J. Berger of Schroeter, Goldmark & Bender, 810 Third Avenue, Suite 500, Seattle, Washington 98104, as Class Counsel, and Marion Price, Rodrigue Paul, Harry Davis, Allen Nunnery, and David L. Williams as Class Representatives.
By subsequent orders the Court held that: 1) the City is liable for conversion of class members’ vehicles by impounding them during the Class Period; 2) the class is limited to those registered owners whose vehicles were impounded only for DWLS violations, as indicated on the SPD Vehicle Reports accompanying the impounds; 3) the class is limited to those registered owners who redeemed their vehicles from impound; and 4) the damages recoverable in the class action are limited to reimbursement of fees paid to redeem impounded vehicles. The proposed settlement governs reimbursement of those fees. Class members previously received notice of how to pursue individual actions for compensation for loss of use of impounded vehicles and for loss of vehicles auctioned following impound.
3. WHAT ARE THE ESSENTIAL TERMS OF THE SETTLEMENT?
The Settlement Amount. The City will establish a Settlement Fund of $1.3 million dollars. Registered owners with verifiable claims for administrative, storage and towing fees for DWLS impounds during the Class Period will be reimbursed for those fees out of the fund. Class counsel anticipates that the Settlement Fund may well be sufficient to fully reimburse all filed claims. However, if the total of the filed claims exceeds the Settlement Fund, all reimbursements will be reduced on a pro rata basis so that the total of claim payments and court-approved attorney fees and costs will not exceed the amount of the Settlement Fund.
Fees and Costs. Class Counsel will request an award of fees and expenses from the Settlement Fund in an amount not to exceed $325,000, subject to approval by the Court (the “Fee Amount”).
Incentive Payments. The Class Representatives will receive payments of $7,500 each in recognition of their service to the class and in settlement of their individual claims.
Reversionary Interest. Eighty-five percent of any funds remaining in the Settlement Fund following reimbursement of claims and payment of the Fee Amount and incentive payments will revert to the City. Fifteen percent of any remaining funds will be used to defray the costs to suspended drivers of participation in the Seattle Municipal Court’s DWLS diversion program.
4. HOW DO I FILE A CLAIM?
IN ORDER TO OBTAIN REIMBURSEMENT UNDER THIS SETTLEMENT YOU MUST FILE A CLAIM ON THE ATTACHED FORM.
You must fill out the attached Claim Form to the fullest extent possible, sign it, and return it to the address specified on the Form. You must return your Claim Form no later than August 31, 2007. Class Counsel will use the information on this Form to verify your claims.
5. WHAT ARE THE REASONS FOR THIS SETTLEMENT?
Class Counsel reached this settlement after considering the risks and benefits to the Class of settlement or continued litigation. Among the factors considered were the likelihood that the settlement will provide full reimbursement for responding class members for the remaining class claims, the risks and difficulties in proving damages at trial, the risks of adverse rulings on class certification or liability on appeal, and the delay inherent in continued litigation and appeals. Class Counsel balanced these risks in determining that this settlement is fair, reasonable, and adequate, and in the best interests of the Class.
6. WHAT IS THE SETTLEMENT APPROVAL PROCEDURE?
The Court will hold a Final Fairness Hearing on July 9, 2007, at 9:00 a.m., in the Courtroom of the Honorable Robert S. Lasnik, Federal Courthouse, Seattle, Washington (the “Fairness Hearing”). At the hearing, the Court will consider whether to (i) approve the Settlement as fair, adequate, reasonable and in the best interests of the Class; and (ii) approve the Fee Amount as fair and reasonable. The Court reserves the right, without further notice to the Class, to adjourn or continue the Fairness Hearing from time to time, and to approve changes to the Settlement Agreement, as long as such changes are not detrimental to the Class and are agreeable to the settling parties.
If you wish to comment in support of or in opposition to the Settlement you may do so, provided that you submit your comments in writing to: Clerk of the Court, United States District Court, 700 Stewart Street, Seattle, Washington 98101; and Adam Berger, Schroeter Goldmark & Bender, 810 Third Avenue, Suite 500, Seattle, Washington 98104 (Class Counsel); and Theron Buck, Stafford Frey Cooper, 601 Union Street, Suite 3100, Seattle, Washington 98101 (counsel for the City), postmarked not later than June 25, 2007. Your written comments or objections must reference the case, Price, et al. v. City of Seattle, No. C03-1365L.
If you do not comply with the procedure and deadlines set forth above, you will not be entitled to be heard at the Fairness Hearing or otherwise to contest the approval of the Settlement or Fee Amount or to appeal from any orders or judgments of the Court.
If the Court grants approval of the Settlement, the approval will bind all members of the Class, except those who have previously excluded themselves from the Class, and the judgment will release and dismiss all Class Members’ settled claims. If the Settlement is not approved by the Court, the parties will resume litigation in the Action.
7. WHERE DO I GET ADDITIONAL INFORMATION?
If you want to communicate with Class Counsel you may write to Impound Class Action, Schroeter Goldmark & Bender, 810 Third Avenue, Suite 500, Seattle, Washington 98104 or telephone 1-800-424-5259.
PLEASE DO NOT CONTACT THE COURT.
The foregoing is only a summary of the Action and the proposed Settlement. For more detailed information, you may review a copy of the Settlement Agreement on-line at www.sgb-law.com/impoundclassaction. You also may review the pleadings, records, and other papers on file in the Action, during regular business hours at the Clerk’s Office, United States District Court in Seattle. Copies of the Settlement Agreement, the papers filed in support of the proposed Settlement, and other pleadings in the case also are available upon written request to Class Counsel.
|
 |
|
|
