I'm pretty sure I got it via email because I have an on-line account at the BMV. If you haven't, here's what I got:
This is a Legal Notice authorized by the Marion County, Indiana, Superior Court (the “Court”) about the settlement of a class action lawsuit against the Indiana Bureau of Motor Vehicles (the “BMV”) that may affect your rights.
This is not a lawsuit against you and you are not being sued.
In the case of Tammy Raab v. R. Scott Waddell and The Indiana Bureau of Motor Vehicles (the “Lawsuit”), the Plaintiff alleged that since March 7, 2007, the BMV charged everyone under the age of 75 more than is allowed by law for motor vehicle Operator’s Licenses.
A settlement has been reached in the Lawsuit (the “Settlement”), which provides benefits for all persons who paid a fee to the Indiana Bureau of Motor Vehicles from March 7, 2007 through June 27, 2013 to obtain or renew a motor vehicle Operator’s License while less than 75 years of age, excluding the Judge assigned to the Lawsuit and the Judge’s spouse, Elizabeth Murphy, R. Scott Waddell and all attorneys for Defendants who have appeared in the Lawsuit. The purpose of this Notice is to advise you that you do not need to do anything at this time to receive the benefits of the Settlement, and that if you wish you also have the right to exclude yourself from the Settlement, and that you may object if you do not think the Settlement is fair. Your legal rights are affected whether you act or not, so please read this Notice carefully.
Your Legal Rights And Options:
Deadline
Do Nothing & Receive
Benefits
If you choose to do nothing you will remain eligible to receive any payments from the Settlement that are approved by the Court. This will result in a release of any right you may have to pursue the legal claims brought, or which could have been brought in this case, against the BMV.
N/A
Exclude Yourself
You may exclude yourself from the Settlement, in which case you will not be eligible to receive any payments from the Settlement that are approved by the Court, or to comment on the Settlement.
10/11/2013
Object
You may write to the Court if you do not think the Settlement is fair. If you exclude yourself from the Settlement you may not object
10/11/2013
Go to a Hearing
If you object, you may also ask to speak in Court about the fairness of the Settlement.
11/12/2013
THIS NOTICE PROVIDES ONLY A SUMMARY OF INFORMATION
ABOUT THE LAWSUIT AND THE SETTLEMENT.
TO DOWNLOAD OR REQUEST THE MAILING OF A DETAILED NOTICE ABOUT THE SETTLEMENT, AND FOR MORE INFORMATION ABOUT THE LAWSUIT, GO TO
http://WWW.INDIANABMVSETTLEMENT.COM
OR CALL 1-800-248-0084.
The Lawsuit has not gone to trial. Instead, the Plaintiff and Defendants agreed to settle to avoid the costs and risks of trial. The Settlement provides the opportunity for payments and other benefits to be made available to Class members, and for the Defendants to receive a release of any right Class members may have to pursue the same legal claims brought, or which could have been brought, in this case against the Defendants.
How does the Settlement affect fees for driver’s licenses?
On June 28, 2013, as a result of the Lawsuit, the BMV lowered the fees for all Operator’s Licenses issued to persons under the age of 75. The BMV agrees not to increase the Operator’s License fees in effect as of June 28, 2013, under any circumstances, unless modified by a subsequently enacted statute or subsequently promulgated administrative rule.
The BMV may continue to charge the $2.00 “Crossroads 2000” and $0.50 “Vehicle Technology” fees going forward, provided it initiates the statutory procedure to promulgate administrative rules specifically authorizing such fees within 30 days after the final approval of the Settlement and completes the process within 12 months. If the BMV fails to do so, the parties will return to the position they were in prior to the Settlement with regard to those fees, and no release as to those fees shall be effective.
What payments does the Settlement provide?
The Defendants have agreed to pay the amount of $30,000,000 (“Settlement Amount”). The entire Settlement Amount will be applied to pay distributions to Class members, the costs of the notifying Class members about the Settlement, a Class Representative fee, attorneys’ fees, and a cy pres distribution.
Each Class member will receive, either in cash or by credit, a “Base Refund” in the actual amount of his or her base overcharges established by the Lawsuit. Each Class member will also receive, either in cash or by credit, an “Additional Refund” in the amount of a pro rata share of all funds remaining after the payment of the Base Refunds, attorneys’ fees and costs of notice, which will be calculated according to the relative amount of his or her individual Base Refunds.
How are payments going to be distributed?
Part of the Refunds will be distributed to some Class members through “Advance Payments.” Advance Payments are overcharge credits that are automatically applied to the BMV transactions of Class members from July 12, 2013 until the Court’s final approval of the Settlement.
For a period of 3 years after the Court’s final approval of the Settlement, any Refunds that have not been paid as Advance Payments can be obtained in two ways:
(i)
in the form of a check mailed by the BMV by completing a request form on a web page hosted on the BMV’s website, which can be reached at
http://www.in.gov/bmv
, or
(ii)
in the form of a credit automatically applied the next time the Class member participates in a financial transaction with the BMV.
After 3 years, any Class member who has not received his or her Refunds in the form of a check or a credit will be sent a check by the BMV in the amount of his or her Refunds, which will be mailed to the Class member’s last known address not more than 90 days after the end of the 3-year period.
How do I get out of the Settlement Class?
You may request to be excluded from, or to “opt-out” of, the Settlement Class. If you choose to be excluded from the Class, you will not be bound by any of the terms of the Settlement or any judgment entered pursuant to the Settlement, nor will you be eligible to receive any payments from the Settlement. You will be free to pursue any claims that you may have against the Defendants on your own behalf at your own cost.
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from the Settlement Class in Raab v. Waddell and BMV. You must include your name, address and phone number, and sign the letter. You must mail your Exclusion Request postmarked by October 11, 2013 to:
BMV License Overcharge Case Notice Administrator
P.O. Box 1961
Indianapolis, IN 46206-1961
How do I tell the Court if I do not think the Settlement is fair?
If you are a Settlement Class member and have not excluded yourself, you can object to the Settlement or any part of the Settlement. The Court will consider your views. Your objection must be in writing, and must be mailed, no later than October 11, 2013, to each the following:
Class Counsel: Counsel for the Defendants:
Irwin B. Levin
Cohen & Malad, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Betsy M. Isenberg
Office of the Attorney General
Indiana Government Center South, 5th Floor
302 West Washington Street
Indianapolis, IN 46204
The Court:
The Honorable Heather A. Welch,
Judge, Marion County Civil Court No. 12
200 East Washington Street
T-1760
Indianapolis, IN 46204
An objection must: (i) contain the full name and current address of the person objecting; (ii) contain the title of the Lawsuit: “Raab v. Waddell and The Indiana Bureau of Motor Vehicles;” (iii) state the reasons for your objection; (iv) be accompanied by any evidence, briefs, motions or other materials you intend to offer in support of your objection; (v) be signed by you; and (vi) be sent by U.S. mail, first class and postage prepaid, with a postmark on or before October 11, 2013.
You cannot object to the Settlement by phone or email.
Can I have a lawyer represent me?
The law firm of Cohen & Malad, LLP has been appointed by the Court to represent you and other Settlement Class members. These lawyers are called Class Counsel. More information about Class Counsel is available at
http://www.cohenandmalad.com
.
If you want to be represented by your own lawyer, you may hire one at your own expense. However, any lawyer intending to appear at the Fairness Hearing must be duly admitted to practice law before the Marion County, Indiana, Superior Court, and must file a written appearance no later than October 11, 2013. Copies of the appearance must be served on Class Counsel and counsel for the Defendants at the addresses included in this Notice in accordance with the Indiana Rules of Trial Procedure.
How will the lawyers and costs be paid?
Class Counsel will file a petition with the Court no later than seven days before the Fairness Hearing asking for attorneys’ fees of 21% of the Settlement Amount, to be paid from the Settlement Amount. An award of attorneys’ fees in this amount will not reduce the amount of the Base Refund that is available to Class members. The Defendants do not oppose this requested amount and any award of fees will be determined by the Court.
The costs of providing notice to Class members will be paid from the Settlement Amount. All other costs of administration will be paid by Defendants and not out of the Settlement Amount.
When and where will the Court decide whether to approve the Settlement?
The Court will hold a hearing –– which is called the Fairness Hearing –– at the City-County Building, Room T-1760, Marion County Civil Court No. 12, 200 East Washington Street, Indianapolis, IN 46204, at 11:00 a.m. on November 12, 2013. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will consider any objections, and listen to people who have made written objections and timely asked to speak at the hearing. After the Fairness Hearing, the Court will decide whether to approve the Settlement. You do not need to attend the Fairness Hearing to participate in the Settlement.
May I show up and speak at the hearing?
If you have submitted a timely written objection to the Settlement and requested to be heard, the Court may allow you to speak at the Fairness Hearing. If you wish for your lawyer to speak for you, he or she must have submitted a timely appearance as provided above.
Reminder: If you have excluded yourself from the Settlement Class, you may not object to the Settlement and you may not speak at the Fairness Hearing.
Are more details available?
Visit the website,
http://www.IndianaBMVSettlement.com
, where you can read the Detailed Notice and find more information about this case. You may also request additional information by calling 1-800-248-0084, or writing to:
BMV License Overcharge Case Notice Administrator
P.O. Box 1961
Indianapolis, IN 46206-1961
Favor de visitar la pagina ‘Class Notice’ del sitio web
http://www.IndianaBMVSettlement.com
ó
llamar al 1-800-248-0084 para información adicional en Español acerca de este caso y del acuerdo
Statistics: Posted by Hoosierback — Mon Sep 09, 2013 6:59 am