Click on any question for more information.
1.  Why did I get a notice package?

You or someone in your immediate family may have been a resident or tenant at the Salem RV Park located at 4490 Silverton Road NE, Salem, OR 97305 Oregon (“SRVP”) on or after April 12, 2003.

 

The Court sent you this Notice because if you meet certain criteria described below, you have a right to know about the Class Action lawsuit, and about all of your options before the Court makes certain decisions regarding the lawsuit. If the Court approves a settlement, or if the lawsuit is tried and a verdict reached, and any objections and appeals are resolved, an administrator appointed by the Court will make payments to all persons who qualify and submit claims for money from this lawsuit. You will be informed of the progress of the settlement, if one is reached, or trial if one occurs.

 

This Notice explains the lawsuit, the current status, your legal rights, what benefits may be available, who is eligible for them, and how to get them.

 

The Court in charge of this lawsuit is the Circuit Court for the State of Oregon, Marion County, and the lawsuit is known as Loren Hathaway, et al. v. B&J Property Investments, Inc., et al, case number 13C14321. The people who filed this lawsuit are called Class Representatives, and the companies and the persons they sued in this lawsuit, B&J Property Investments, Inc., Better Business Management, Inc. (doing business as Salem RV Park), and William Berman are called the Defendants.

2.  What is this lawsuit about?

In this lawsuit the Class Representatives claimed and the Court agreed that SRVP violated Oregon law by: (1) charging SRVP tenants a fee for reading their electric meters each month, and (2) to the extent SRVP charged a higher per kilowatt hour rate to tenants than it was billed by PGE in each month, such practice violated Oregon law.

 

The Court determined that SRVP must pay money to tenants who paid a meter reading fee or who paid bills for electricity they used at SRVP, and who otherwise meet the requirements to be a member of the Electricity Class. Those requirements are discussed below.

 

In August 2013, after this lawsuit was filed SRVP increased rent to existing SRVP tenants by $20 per month, which the Class Representatives claimed was unlawful retaliation for filing the lawsuit.  The Court agreed and ruled that the rent increase violated Oregon law.

 

Because of that rent increase, the Court has determined that SRVP must pay money to tenants who lived at SRVP on April 12, 2013 when this lawsuit was filed, who paid rent after July 29, 2013, and who otherwise meet the requirements to be a member of the Retaliation Subclass. Those requirements are discussed below.

 

3. Why is this a Class Action Lawsuit?

In a Class Action lawsuit, Class Representatives (in this lawsuit Loren Hathaway, Gennise Hathaway, and Heather Noble) sue as representatives of people who have similar claims. As a group, people with similar claims are called a Class and the people in the group are called Class Members. Sometimes, as here, there is a Subclass, which consists of less than all of the Class Members. One court resolves the issues for all Class Members (including the Subclass), except for those who exclude themselves from the Class. Circuit Court Judges for Marion County, Oregon are in charge of this Class Action lawsuit.

4. What is the current status of this Class Action Lawsuit?

Electricity Class Members:

 

The Court has ruled that the meter reading fee charged by SRVP, and the per/kilowatt hour charges for electrical services in excess of PGE’s rates violated Oregon law, and that those violations entitled the Electricity Class to recover money from SRVP, as described below:

 

  • An Electricity Class Member who paid a meter reading fee to SRVP may recover an amount equal to the rent they paid to SRVP for the months between April 12, 2003 through July 29, 2013.

  • An Electricity Class Member who paid for electricity at SRVP may recover an amount equal to the rent they paid to SRVP for the months between April 12, 2003 through July 29, 2013.

 

Retaliation Subclass Members:

 

The Court has also ruled that Subclass Representatives and the qualifying members of the Retaliation Subclass (those tenants that resided at SRVP on April 12, 2013 and who paid increased rent on or after July 29, 2013) are due a payment from SRVP equal to twice the rent they paid to SRVP for each month they paid the increased rent at SRVP. 

 

The total amount of money the Class Representatives and all Members of both the Electricity Class and the Retaliation Subclass are entitled to recover from SRVP substantially exceeds SRVP’s assets.  Because of that, the Class Representatives for the Electricity Class and Retaliation Subclass will likely ask the Court to approve a distribution of funds that pays less than the full amount the Court has previously determined is due to each Class Member.

 

Pending Issues for Both Class and Subclass:

 

There are still several issues that need to be resolved in this Class Action lawsuit before any Class or Subclass Member can receive money. These include whether a settlement can be reached that meets the Court’s approval, whether a trial will be required to resolve certain issues, whether the Court approves of the method chosen to distribute any funds to Class and Subclass members, and resolution of any appeals by either party. Class Counsel will keep you updated on these issues through the website at:  www.salemrvparkclassaction.com/news.  You may also call the number listed at the bottom of each page of this notice if you have questions.

 

Regardless, if you want to see if you qualify as a Class or Subclass member and are eligible to receive money, you should send in your Claim Form by no later June 15, 2017. If you intend to exclude yourself from this Class Action lawsuit, you should send in an Exclusion Form by no later than June 15, 2017. If you do not want any money from this Class Action lawsuit, and do not wish to pursue a separate lawsuit against one or more of the Defendants based on the same or similar claims brought in this lawsuit, then you do not need to do anything.

5. How do I know if I am part of this Class Action Lawsuit?

To see if you qualify to receive money from this lawsuit, you must first decide if you qualify as a member of the Electricity Class, a member of the Retaliation Subclass, or a member of both. Depending on the descriptions below, you may belong to both, one, or neither. 

You may be entitled to money from a settlement or verdict in this lawsuit if you qualify as a member of either the Electricity Class, the Retaliation Subclass, or both as defined below.

 

Electricity Class qualifications:

 

You may qualify for the Electricity Class if you were or are a tenant at SRVP who paid for electricity or paid an electric meter reading fee at any time between April 12, 2003 and July 29, 2013.

NOTE:  You can qualify for this Class even if you are no longer a tenant at SRVP, and even if you moved away from the SRVP before this lawsuit was filed.

 

NOTE:  If you qualify as a member of the Electricity Class and request money based on payments you made to SRVP before April 12, 2012, you will have to provide some evidence, in a manner to be determined by the Court, related to whether you knew certain facts about SRVP’s conduct during the time period before April 12, 2012.  You will be provided additional information about this after you submit your Claim Form.  This requirement should not have any bearing on whether or not you submit a Claim Form, but may bear on whether you receive money from the available funds, or the amount of money you receive.

 

Retaliation Subclass qualifications:

 

You may qualify for this Subclass if you were a tenant at SRVP on April 12, 2013, and paid rent at any time on or after July 29, 2013.

 

NOTE:  You may qualify as a member of the Retaliation Subclass if you meet the above qualifications even if you are no longer a tenant at SRVP.

6.  Are there exceptions to being included?

Yes. You do not qualify as a member of the Electricity Class or Retaliation Subclass if any of the following are true:

 

a.  You moved into SRVP for the first time after July 29, 2013; or

b.  You rented your unit at SRVP for vacation purposes only, and you had a principal residence other than your unit at SRVP, and you only lived at SRVP for forty-five (45) days or less; or

c.  You are an officer or director of any Defendant, an immediate family member of any Defendant’s officers and directors, an employee of any Defendant and your right to occupancy is or was conditional upon employment in and about the premises, or you were any one of these at any time since April 12, 2003; or

d.  While you lived at SRVP you did not pay any rent to SRVP (in other words another member of your family or another person you lived with was responsible for paying all of the rent), you did not pay any part of any meter reading fee, and did not pay for any electricity at SRVP.  Only residents responsible for paying some or all of the rent, meter reading fee, or electric bills to SRVP and who actually paid one or more of these are eligible to be Class or Subclass Members.

7.  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 and advice. You can call us at 971-220-5195. Or you can fill out and return the Claim Form described in question 10 and available on this site to see if you qualify. You will not be charged for the call or if you fill out and submit a Claim Form.

8.  What does this lawsuit provide for members of the Class and Subclass?

 

A fund of money in an amount to be determined in the future will be divided among members of the Electricity Class who send in a valid Claim Form and qualify as Electricity Class members.

 

A separate fund of money in an amount to be determined in the future will be divided among members of the Retaliation Subclass who send in a valid Claim Form and qualify as Retaliation Subclass members.

9.  How much will my payment be?

Electricity Class:

 

If you meet all the qualifications as a member of the Electricity Class, your share of money from the fund will depend on the number of valid Claim Forms that other members of the Electricity Class send in, and on how many months that you and other Electricity Class members paid SRVP for electric service and meter reading fees at SRVP (in months where SRVP charged more per kilowatt hour than SRVP was charged by PGE). 

 

NOTE:  If your claim as a member of the Electricity Class is based on payments you made to SRVP before April 12, 2012, the amount of money you receive may also depend on evidence you provide related to whether you knew certain facts about SRVP’s conduct during the time period before April 12, 2012.  You will be provided additional information about this after you submit your Claim Form.  This requirement should not have any bearing on whether or not you submit a Claim Form.

 

Retaliation Subclass:

 

If you meet the qualifications as a member of the Retaliation Subclass, your share of money from the fund will depend on the number of valid Claim Forms that other members of the Retaliation Subclass send in, and on how many months you and other Retaliation Subclass members paid the increased rent that began on July 29, 2013.

NOTE:  Both Electricity Class and Retaliation Subclass:

 

Be aware that  SRVP does not have sufficient assets available to pay the claims of either class in full, so you should not expect more than a percentage of the total amount of money due to you in this lawsuit.  

Here are some examples of how it works:

 

Example 1:

 

Assume you were a tenant with a lease at the SRVP from May 1, 2012 until December 1, 2015, paid $350 for rent each month until it was increased by $20 on July 29, 2013, paid a meter reading fee for some of the months you resided at SRVP, and paid the SRVP for electricity.

 

Under those facts, unless you fall within one of the exceptions or limitations above, you would be a member of both the Electricity Class and Retaliation Subclass.

 

Under the Court’s ruling you would legally be due the following amounts as a member of the Electricity Class:

 

          Duration = May 1, 2012 until July 31, 2013** = 15 months

                                                          (**The Electricity Class period ended July 29, 2013)

          Rent = $350 / month

          Amount potentially due to you for meter reading fees = 15 x $350  =  $5,250 in damages.

          Amount potentially due to you for electricity charges  = 15 x $350  =  $5,250 in damages.

 

Because you were a tenant on April 12, 2013 (the day this Class Action lawsuit was filed) and your rent was increased under your lease on July 29, 2013, as of June 1, 2016, you are also legally due the following as a member of the Retaliation Subclass:

 

          Duration = 34 months

          Rent = $350 / month

          Amount potentially due to you for retaliation damages =  34 x $350 x 2 =  $23,800.

 

If you qualify under both the Electricity Class and Retaliation Subclass, the total amount of potential damages due to you under the court’s ruling would total $34,300.

 

NOTE: Because SRVP does not have enough money to pay the entire amounts awarded to the classes by the Court, you may receive less.  The calculation of the actual amount of money you would receive is discussed below. 

 

Example 2:

 

If you became a new tenant with a new lease at SRVP in August, 2013 (or later) and remained a tenant until November 2015 (or the present), but were not charged a meter reading fee, paid for your electricity, and paid rent of $370 under the recently increased rental rates, you are not a member of the Electricity Class or the Retaliation Subclass.

 

In this example, you would not be a member of the Electricity Class because SRVP’s practices changed after you moved in and those practices are not subject to the claims in this lawsuit. 

 

You also would not be a member of the Retaliation Subclass in this example because the increased rent can only be retaliation against you if you had a lease at the time the complaint was filed (April 12, 2013).

 

Example 3:

 

If you were a tenant with a lease at SRVP from January 2001 until June 30, 2004, paid $325 for rent each month, paid a meter reading fee, paid  SRVP for electricity, and meet all the qualifications to be a member of the Electricity Class, then under the Court’s ruling, you may be due the following:

 

          Duration = 14 months

(the duration used is 14 months and not 42 months because the potential applicable time period began on April 12, 2003, ten years before this lawsuit was filed.)

 

          Rent = $325 / month

          Amount potentially due to you for meter reading fee =  $325 x 14 = $4,550 in damages

          Amount potentially due to you for electricity charges = $325 x 14 = $4,550 in damages

 

In this example, you are not a member of the Retaliation Subclass because you did not have an existing lease on April 12, 2013 that was subject to the July 29, 2013 rent increase.

 

This means that the total damages potentially due to you under the court’s ruling would equal $9,100.

 

NOTE:  Because the claim in this example is based on payments you made to SRVP before April 12, 2012, the amount of money you receive will also depend on evidence you provide related to whether you knew certain facts about SRVP’s conduct during the time period before April 12, 2012.  You will be provided additional information about this after you submit your Claim Form.  This requirement should not have any bearing on whether or not you submit a Claim Form.

 

NOTE: Because SRVP does not have enough money to pay the entire amounts awarded to the Electricity Class and Retaliation Subclass, you may receive less.  The calculation of the actual amount of money you would receive will depend on the number of valid Claim Forms submitted, and other factors, as discussed below.

 

Calculation of Net Amount Due:

 

By following the instructions on the Worksheets provided on this website, (or clicking on  the "Payment Calcs" button on the left side of this website), you can calculate what is called your “Net Amount Due.” It’s unlikely that you will get a payment equal to your Net Amount Due. After all Electricity Class and Retaliation Subclass members have sent in their Claim Forms, the payment you get will reflect your Net Amount Due in relation to everyone’s Net Amount Due, and the total funds available. See the instructions on the Worksheets for more information on how to calculate your Net Amount Due.

 

In general, qualifying members of the Electricity Class who were tenants at SRVP for a longer time will have a larger Net Amount Due, and will get more money, and those who were tenants for a shorter time will get less money.  All of the money available for payment to the Electricity Class will be distributed.

 

In general, qualifying members of the Retaliation Subclass who were tenants and paid the increased rent for a longer time will have a larger Net Amount Due, and will get more money, and those who were tenants and paid the increased rent for a shorter time will get less money.  All of the money available for payment to the Retaliation Subclass will be distributed.

 

Formula to determine payments from available funds – Electricity Class:

 

After you timely send in a valid Claim Form, the deadline passes for all members of the Electricity Class to send in their Claim Forms, and your qualifications and any limitations as a member of the Electricity Class have been fully determined based on the criteria above, your payment will be calculated as follows:

 

          Payment as member of the Electricity Class:

 

Total Funds available for Electricity Class = $A

Total Net Amount Due from all valid claims submitted for Electricity Class = $B

Total amount of your valid claim = $C

Total amount of your recovery = $D

 

          Your recovery ($D) = $C x ($A / $B)

 

Example:  if the total amount of funds available for the Electricity Class is $1,000,000 ($A), and Electricity Class members submit valid Claim Forms entitling them to a total Net Amount Due of $8,000,000 ($B), and the total of your Net Amount Due as a member of the Electricity Class is $30,000 ($C), then your recovery ($D) would be calculated as follows:

 

          $30,000 x ($1,000,000 / $8,000,000) = $3,750.

 

The number of class members who send in valid Claim Forms varies widely from lawsuit to lawsuit.

 

Formula to determine payments from available funds – Retaliation Subclass:

 

After you timely send in a valid Claim Form, and the deadline passes for all members of the Retaliation Subclass to send in their Claim Forms, and your qualifications and any limitations as a member of the Retaliation Subclass have been fully determined based on the criteria above, your payment will be calculated as follows:

 

Payment as member of the Retaliation Subclass:

 

                                 Total Funds available for Retaliation Subclass = $E

                                 Total amount of valid claims by all members of the Subclass = $F

                                 Total amount of your valid claim = $G

                                 Total amount of your recovery = $H

 

          Your recovery ($H) = $G x ($E / $F)

 

Example:  if the total amount of funds available for the Retaliation Subclass is $1,000,000 ($E), and Subclass members submit valid Claim Forms entitling them to a total Net Amount Due of $2,000,000 ($F), and the total of your Net Amount Due as a member of the Retaliation Subclass is $5,000 ($G), then your recovery ($H) would be calculated as follows:

 

          $5,000 x ($1,000,000  / $2,000,000) = $2,500.

 

The number of class members who send in valid claims varies widely from lawsuit to lawsuit.

10.  How can I get a payment?

To qualify for payment when funds become available, you must send in a valid Claim Form. A Claim Form is available on this website. 

 

NOTE:  You do not need to submit more than one Claim Form – it is sufficient to determine whether you qualify as a member of the Electricity Class and the Retaliation Subclass.

 

You may also print a Claim Form from this site, or fill out and submit a claim form online.  Details for both are available on this site.

 

The steps for submitting a paper Claim Form are:

 

          1.         Read the instructions on the Claim Form carefully.

          2.         Fill it out completely.

          3.         Sign and date the Claim Form.

          4.         Mail the Claim Form in the envelope provided.

          5.         The envelope MUST BE postmarked no later than June 15, 2017.

 

If your paper Claim Form is postmarked later than June 15, 2017, then you will not be eligible for a payment in this Class Action lawsuit.

The steps for submitting an online Claim Form online are:

           1.        From the HOME page of this website click the the “File Your Claim” button.

           3.        Read the instructions for submitting the Claim Form carefully.

           4.        Fill out the Claim Form completely.

           5.        Be sure to fill out the part of the Claim Form that verifies that you are being                                 truthful.

           6.        Review the submission carefully.

           7.        Submit the Claim Form by clicking the “Submit Claim” button.

           8.        Your internet Claim Form MUST BE submitted by 11:59 PM, June 15, 2017.

If your Claim Form is submitted via internet later than 11:59 PM, June 15, 2017, then you will not be eligible for a payment in this Class Action lawsuit.

11.  When would I get my payment?

If this Class Action lawsuit is settled by the parties, the Court will hold a hearing at the Marion County Courthouse to decide whether to approve the proposed amount of settlement funds and proposed formula for distribution of those funds for the Electricity Class and/or Retaliation Subclass. Even if the Court approves a future settlement, there may legal proceedings that can take time, perhaps one to two years, or more. Everyone who sends in a Claim Form will be informed of the progress of any settlement. Updates will be posted on this website.  You can see updates by clicking the "News" button. Please be patient.

 

If this lawsuit does not settle, it will be set for trial in court. You will be informed of the time and place of the trial. If a verdict is obtained and a judgment entered, there may be appeals or other legal proceedings that can take time, perhaps one to two years, or more. Everyone who sends in a Claim Form will be informed of the progress of any trial and appeal. You can see updates by clicking the "News" button. Please be patient.

12.  What am I giving up to get a payment or stay in the Class or Subclass.

If you qualify as a member of the Electricity Class and/or Retaliation Subclass, unless you specifically exclude yourself, you will stay in the Class and/or Subclass for which you qualify. That means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this lawsuit.  It also means that all of the Court’s orders will apply to you and legally bind you.  If you sign and submit a valid Claim Form, you will agree to a “Release of Claims,” which describes exactly the legal claims that you give up if you choose to remain as a member of this Class Action lawsuit.

 

If you do not submit a valid Claim Form, and do not exclude yourself from this Class Action lawsuit as described below, you will stay in the Class and/or Subclass for which you qualify, but will not receive any money and will lose your right to bring a separate lawsuit against the Defendants about the legal issues in this lawsuit.

13. How do I exclude myself from this Class Action Lawsuit?

If you do not want be a part of this Class Action lawsuit, but you want to keep the right to sue or continue to sue Defendants on your own in a separate lawsuit about the legal issues in this case, then you must take steps to get out of this lawsuit. This is called “excluding yourself” from this lawsuit.

To exclude yourself from this lawsuit, you must complete the enclosed Exclusion Notice and send it by mail to the address identified in the Exclusion Notice, telling the Court that you want to be excluded from the Loren Hathaway et al v. B. & J. Property Investments, Inc., et al  lawsuit.

 

If you ask to be excluded, you will not be eligible to get any money from this lawsuit, and you cannot object to the settlement if one is reached, or the method under which funds are distributed to Class and Subclass members. You will not be legally bound by anything that happens in this Class Action lawsuit. You may be able to sue (or continue to sue) Defendants in a separate lawsuit in the future over these issues if you exclude yourself from this Class Action lawsuit.

 

A copy of the Exclusion Notice is attached to this Notice.

 

You may also get an Exclusion Notice on the internet at www.salemrvparkclassaction.com.

 

Follow the instructions contained in the Exclusion Notice to affirmatively exclude yourself from this Class Action lawsuit. The steps for submitting a paper Exclusion Notice are:

 

          1.         Read the instructions on the Exclusion Notice carefully.

          2.         Fill it out completely.

          3.         Sign and date it.

          4.         Mail the Exclusion Notice in the envelope provided.

          5.         The envelope MUST BE postmarked no later than June 15, 2017.

 

The steps for submitting an Exclusion Notice online are:

  1.           In a browser, go to at www.salemrvparkclassaction.com

  2.           Click the “Exclude Yourself” button.

  3.           Read the instructions for submitting the Exclusion Notice carefully.

  4.           Fill out the Exclusion Notice completely.

  5.           Review the submission as requested by the website.

  6.           Submit the Exclusion Notice by clicking the “Submit Form” button.

  7.           Your Exclusion Notice MUST BE submitted no later than 11:59 PM, June               15, 2017.  

 

If you have questions about the Exclusion Notice, you may call us. You will not be charged for the call or if you fill out and submit an Exclusion Form. If your Exclusion Notice is postmarked or submitted via internet later than June 15, 2017, then you will not be excluded from this Class Action lawsuit.

14. If I don't exclude myself, can I sue Defendants for the same thing?

No. Unless you exclude yourself, you give up any right to sue Defendants for the claims that this lawsuit resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit about this issue immediately. You must exclude yourself from this lawsuit to continue your own lawsuit. Remember, the exclusion deadline is June 15, 2017.

15.  If I exclude myself, can I get money from this lawsuit?

No. If you exclude yourself, do not send in a Claim Form to ask for money. But, you may be able to sue, continue to sue, or be part of a different lawsuit against Defendants if you exclude yourself from this lawsuit.

16.  Do I have a lawyer in this lawsuit?

The Court approved the law firms of Brady Mertz and PC, Rick Klingbeil, PC to represent you and other Class and Subclass Members. These lawyers are called Class Counsel. You will not be charged or billed directly for these lawyers; however, these lawyers will be paid for their work on this Class Action lawsuit. If you want to be represented by your own lawyer, you may hire one at your own expense.

17.  How will the lawyers be paid?

Class counsel will ask the Court to approve a payment to them for attorneys' fees in an amount to be determined in the future, for their expenses in filing and litigating this case, and for payment of an amount to be determined in the future to the Class Representatives for their service. The requested fees would pay Class Counsel for investigating the facts, filing and litigating this case, and obtaining a settlement or verdict. The Court may award less than the amounts requested by Class Counsel.

18.  How do I tell the Court that I don’t like the settlement, if one is reached, or the proposed distribution of funds in the case of settlement or verdict?

If you’re a member of the Electricity Class or the Retaliation Subclass, you can object to the settlement, if one is reached, and to any proposed distribution of funds from a settlement or verdict. You can give reasons why you think the Court should not approve either or both. The Court will consider your views. To object, you must send a letter saying that you object to the Hathaway v. B. & J. Property Investments, Inc. settlement, the proposed method of distributing funds, or any other reason you believe the matters are being improperly or unfairly handled. Be sure to include your name, address, telephone number, signature, and the reasons you object. Mail the objection to all three of the places below, postmarked no later than June 15, 2017:

 

COURT                                                                                                       

Circuit Court, Marion County

Judge Dennis Graves

100 High St NE

Salem, OR 97301

 

CLASS COUNSEL  

Hathaway Class Counsel

c/o Brady Mertz PC
345 Lincoln St SE
Salem OR  97302

 

 

DEFENSE COUNSEL

 Hunter B Emerick
Saalfeld Griggs PC
250 Church St SE Ste 200
PO Box 470
Salem OR  97308

 

19.  What’s the difference between objecting and excluding?

Objecting is simply telling the Court that you don’t like something about the proposed settlement if one is reached, proposed distribution of funds, or other matters that you believe are being improperly or unfairly handled, but that you still want to be a member of the Class or Subclass. You can object only if you stay in the Electricity Class or Retaliation Subclass. Excluding yourself is telling the Court that you don’t want to be part of the either the Electricity Class or Retaliation Subclass. If you exclude yourself, you have no basis to object because this Class Action lawsuit no longer affects you.

20.  When and where will the Court decide whether to approve the settlement, if one is reached, the proposed distribution of funds, and any other matters objected to?

A Fairness Hearing has not yet been scheduled by the Court. If you submit a Claim Form, you will be notified of the date and time for any subsequently scheduled Fairness Hearing.

 

At the Fairness Hearing the Court will consider whether the settlement, if one is reached, and the proposed distribution of funds however obtained is fair, reasonable, and adequate. If there are objections about any matters related to this Class Action lawsuit, the Court will consider them.The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel, and whether the additional payments to Class Representatives are fair and reasonable. After the hearing, the Court will decide whether to approve or disapprove of the things proposed by Class Counsel. We do not know how long these decisions will take.

21.  Do I have to come to the hearing?

No. Class Counsel will answer questions the Court may have, but you are welcome to come at your own expense. If you send a written objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will read and consider it. You may also pay your own lawyer to attend, but that is not necessary or required.

22.  May I speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must send a letter saying that it is your “Notice of Intention to Appear and Speak in Hathaway v. B. & J. Property Investments, Inc.”  Be sure to include your name, address, telephone number, and your signature.  Your Notice of Intention to Appear and Speak must be postmarked no later than June 15, 2017 and be sent to the Court, Class Counsel, and Defense Counsel at the three addresses in question 18. You cannot speak at the hearing if you excluded yourself from this Class Action lawsuit by timely sending in an Exclusion Notice as discussed in Section 13, above.

23.  What happens if I do nothing at all?

If you do nothing, you will not receive any money as a result of this Class Action lawsuit, and you will not be able to bring an individual lawsuit against the Defendants about the legal claims in this lawsuit now or in the future.

 

If you do not want to be a part of the present Class Action lawsuit against the Defendants or if you do not want to later pursue your own lawsuit against the Defendants for the same or similar claims, then you do not need to take any action related to this Notice.

 

NOTE:  If you are choosing to do nothing because you find this process confusing, because of your inability to understand how to submit a Claim Form or other forms, or because you have unanswered questions, you are urged to contact Class Counsel in this lawsuit for assistance.  You will not be charged anything for assistance or answers provided to you by Class Counsel or their staff.  The contact information for Class Counsel is:

 

Brady Mertz             971-220-5195

Rick Klingbeil           971-220-5195

24.  Are there more details about this lawsuit?

This Notice summarizes the current status of this Class Action lawsuit, including what will occur if it is settled or a verdict is reached at trial. 

 

If a proposed settlement is reached and you have submitted a valid Claim Form, you will be notified of the details. A full Settlement Agreement will also be made available online at: www.salemrvparkclassaction.com/news.

 

If the lawsuit cannot be settled, then the Court will set a date for trial.  If you have submitted a valid Claim Form, you will be notified and provided details. Details related to the trial, including the time and place, will also be made available online at www.salemrvparkclassaction.com/news.

25.  How do I get more information?

You can call Brady Mertz at 971-220-5195 or Rick Klingbeil at 971-220-5195, or write to Hathaway Class Counsel, c/o Brady Mertz PC, 345 Lincoln St SE, Salem OR  97302, or visit www.salemrvparkclassaction.com/news where you will find answers and updates about the status of the lawsuit.

Frequently Asked Questions

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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Questions?

Call 971-220-5195.

Para solicitar esta información en español, llame al

971-220-5195.

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