Turner & Cross v POAH Class Notice and Claim Form
2018 CH 06776
IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CHANCERY DIVISION
JESSICA CROSS &
on behalf of herself and
all others similarly situated,
Plaintiffs, No. 18 CH 06776
POAH COMMUNITIES, INC., &
POAH GREENWOOD PARK
PRESERVATION ASSOCIATES, L.P.,
Defendants. CLASS ACTION
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
YOU MAY BENEFIT FROM READING THIS NOTICE.
TO: All tenants of the Apartment Complex at 4711 S. Ellis, 1007-1157 E. 47th St., and 4700-4710 S. Greenwood, (“Complex”) who gave a security deposit for rental of a dwelling unit at the Complex and still had security deposit held for that unit in and around July 12, 2016, when Transferor transferred security deposits for the Complex to Successor, and who did not receive written notification from Transferor or Successor within 14 days after the date of transfer of the name and address of the new financial institution where security deposits were held, and/or who entered into a written rental agreement with Successor after July 12, 2016, and who did not receive written disclosure on their written rental agreement of the name and address of the new financial institution where security deposits were held, and/or all tenants and former tenants of the Complex who were initially offered a written rental agreement or renewal by Successor. (the “Settlement Class”).
IF YOU WISH TO RECEIVE A PORTION OF THE CLASS SETTLEMENT YOU MUST RETURN THE FORM AT THE END OF THIS NOTICE BY MAIL, FAX, OR EMAIL POSTMARKED ON OR BEFORE MARCH 9, 2020
*If you do not wish to be part of the settlement, you must submit a written request for exclusion pursuant to the instructions below*
WHAT THIS CLASS ACTION LAWSUIT IS ABOUT
On May 29, 2018 Plaintiffs, KENDRA TURNER & JESSICA CROSS, filed a class action complaint in the Circuit Court of Cook County, Chicago, Illinois. Plaintiffs’ class action complaint alleged that Defendants, POAH COMMUNITIES, INC. & POAH GREENWOOD PARK PRESERVATION ASSOCIATES, L.P, violated the Chicago Residential Landlord and Tenant Ordinance (“RLTO”) by failing to disclose to them and other tenants at the time the address of the financial institution where the security deposit was transferred to, in writing, within 14 days after the date of the transfer and by failing to attach to each lease and renewal the required summary of the RLTO (hereafter, the “Class Claim”).
The Plaintiffs and Defendants have reached a proposed settlement of the lawsuit. The Court has preliminarily approved the settlement, has appointed Toole Law Office LLC and Mark Silverman Law Office Ltd. as counsel for the class (“Class Counsel”), and has approved this notice. This notice explains the nature of the lawsuit and the terms of the settlement, and informs you of your legal rights and obligations.
THE FAIRNESS HEARING: A hearing will be held by the Court to consider the fairness of the proposed settlement and to decide whether to issue a final approval of the settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement, including the amount of the attorneys’ fee awarded. The hearing will take place before the Honorable Judge Celia Gamrath on APRIL 6, 2020 at 10:30AM in Room 2508 of the Richard J Daley Center, Chicago, IL 60602.
YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING BUT MAY DO SO IF YOU PLAN TO OBJECT TO THE SETTLEMENT.
THE PROPOSED SETTLEMENT
Summary of the Benefits Under the Settlement: Class Members who submit timely claim forms shall receive as a payment equal to a pro rata share of $97,500, capped at the amount equal to two-times that Class Member’s security deposit, at the time of the 2016 transfer or 2017 rental agreement, if the class member submits a timely and complete claim form. Persons who cosigned a lease will be treated as a single Settlement Class member, and will be issued a single, joint payment.
Recovery to Plaintiffs: Subject to Court approval, Plaintiffs, KENDRA TURNER and JESSICA CROSS shall receive an incentive award of $1,250.00 each. This agreement reflects both the sums that Plaintiff claimed as a member of the Class as well as an incentive award in connection with Plaintiff’s services as a representatives of the class during the pendency of this litigation.
Attorney’s Fees and Costs: Class Counsel Toole Law Office, LLC and Mark Silverman Law Office Ltd. has requested that the Court award attorneys’ fees and costs payable by Defendant in the amount of $30,000.00, and the costs of administering the settlement agreement to be reimbursed or paid by the Defendant. This request is based on the litigation costs incurred and the amount of hours worked by Class Counsel at their normal hourly rate.
Unless you exclude yourself from the settlement, you will be part of the Class and bound by the Settlement. Regardless of whether you submit a Claim Form, if you stay in the Class you will release the Defendant for all claims that you may have had at any time prior to and including October 31, 2018 arising out of or in any way related to the allegations contained in the Class Claim or with respect to any alleged violation of Section 5-12-080 and 170 of the RLTO.
WHAT TO DO IF YOU WISH TO RECEIVE MONEY FROM THE SETTLEMENT: If you wish to obtain the benefits of the Settlement, and you are a Class Member, then you must submit a completed Claim Form, by U.S. mail, fax, or email, postmarked no later than MARCH 9, 2020 to Class Counsel, Mark Silverman Law Office Ltd., 225 W. Washington Street, Suite 2200, Chicago, IL 60606. Alternatively, you may submit the Claim Form to Mr. Silverman by email at email@example.com. To fax your Claim Form, please fax to (312) 256-2055. If you submit the Claim Form by email or fax it must be received no later than MARCH 9, 2020.
REPRESENTATION BY CLASS COUNSEL – OR YOUR OWN ATTORNEY: As a member of the Class, your interests will be represented by the attorneys for Plaintiffs without any additional charge to you. If you wish to participate on your own or through your attorney, an appearance must be filed with the Clerk of the Circuit Court, Chancery Division, by ____________. If you participate through your own attorney, it will be at your expense.
WHAT TO DO IF YOU OBJECT TO THE SETTLEMENT: If you object to the settlement and do not wish to exclude yourself from the class action, you must submit your objection in writing to the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J Daley Center, 50 West Washington Street, Chicago, Illinois 60602. The objection must be mailed to the Clerk of the Circuit Court postmarked on or before MARCH 9, 2020. Your objection must include the name and case number. On the same date that you mail your objections to the Clerk of the Court, you must also mail copies of that objection to Class Counsel and Defense Counsel, as follows:
Class Counsel: Mark Silverman Law Office, Ltd., 225 W. Washington St.,
Suite 2200, Chicago, IL 60606
Defense Counsel: Todd P. Stelter
Hinshaw & Culbertson LLP,
151 North Franklin Street,
Chicago, IL 60606
Your written objection must include detailed reasons explaining why you contend that the settlement should not be approved. It is not sufficient to simply state that you object. Provided that you have submitted a written objection, you may also appear at the fairness hearing.
WHAT TO DO IF YOU WISH TO BE EXCLUDED FROM THE SETTLEMENT: You have the right to exclude yourself from both the Class and the settlement by submitting a written request for exclusion to Class Counsel postmarked (or by fax or email) on or before
MARCH 9, 2020. Your request for exclusion must state your name, address, and the name and number of the case.
WHAT IF THE SETTLEMENT IS NOT APPROVED? If the settlement is not approved, the case will proceed as if no settlement had been reached. There can be no assurance that, if the settlement is not approved, the Class will recover more than is provided in the settlement or, indeed, anything at all.
ADDITIONAL INFORMATION: The description of the case in this Notice is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, including a copy of the settlement agreement, you may visit the office of the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J Daley Center, 50 West Washington Street, Chicago, Illinois 60602, Room 802, where you may inspect and/or copy the court file for this case at your own expense.
In addition, you or your attorney may direct questions to Class Counsel: Mark Silverman Law Office Ltd., 225 W. Washington, Suite 2200, Chicago, IL 60606, tel. (312) 775-1015, fax (312) 256-2055, email: firstname.lastname@example.org.
PLEASE DO NOT CALL
THE JUDGE’S CHAMBERS.
CROSS & TURNER v. POAH COMMUNITIES, INC.,
CASE NO. 18 CH 06776
-CLASS MEMBER CLAIM RELEASE-
If you are a Class Member because you rented from this landlord, POAH, please fill out this form and promptly mail, fax, email, and/or deliver it back to Mr. Mark Silverman, Mark Silverman Law Office Ltd., 225 W. Washington, Ste. 2200, Chicago, IL 60606, PHONE (312) 775-1015; or you can return your completed form by Email: email@example.com . If you return this by mail, it must be postmarked no later than MARCH 9, 2020. If you send it by email or fax it must be received by that date.
Current Name (First) (M.I.) (Last)
Your Current Address:
Street Unit Number
City State Zip
Your Current Telephone Number(s):
Your Current Email:_______________________________________________________________
Below is the Court's Preliminary