Carolyn Carothers v. Village Green Management Company 

2015 CH 05656

The Honorable Judge Celia Gamrath of the Circuit Court of Cook County has ordered that this web page be created and notice sent by email to each of the identified Class Members in the proposed class settlement of this case.

Because email addresses only, and no mailing addresses, are available for dissemination of a formal notice to the class

in this case, The Court has directed that a preliminary notice be sent to all Class Members requesting that they supply a

mailing address for purposes of (1) confirming the email address is valid for sending notice and (2) obtaining an address for mailing a check to Class Members who seek to participate and recover a part of the $15,000.00 total class fund made available to Class Members.  

The class action complaint alleged that Defendants violated the Chicago Residential Landlord Tenant Ordinance (“RLTO”) Section 5-12-100 and the Illinois Consumer Fraud and Deceptive Business Practices Act (“Act”) by failing to disclose in writing to Tenants code violations allegedly cited against the property in the 12 months before entering into leases, and representing on the leases that any such code violations had been disclosed, even after receipt of a written notice requesting such disclosures.  The complaint sought statutory damages against Defendants equal to one month’s rent under the RLTO and $30 per month of tenancy returned pursuant to the Act.  The complaint also sought reasonable attorney fees and costs against Defendants under section 5-12-180 of the RLTO and the Act. 

The Plaintiff and Defendants have reached a proposed settlement of the lawsuit.  The Court preliminarily approved the settlement, has appointed attorneys 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.

Summary of the Benefits Under the Settlement: Class Members who submit timely proofs of claim shall receive Class Members who submit timely claims and have not submitted a timely exclusion shall be paid a check in the amount of their proportionate share of a class fund of $15,000.00 after exclusions are taken into account.  From any unclaimed funds, a cy pres award of $1,500.00 shall be made to a non-profit entity selected by Defendants and approved by the Court.  Any other remaining funds that are unclaimed after 90 days after issuance of settlement checks shall be returned to Defendants.

 

Recovery to Plaintiff:  Subject to Court approval, Plaintiff shall receive an incentive award of $1,250.00. 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 the representative of the class. 

 

Attorney’s Fees & Costs:      Class Counsel Mark Silverman Law Office Ltd. have requested that the Court award them attorneys’ fees payable by Defendants in the amount of $12,500.00, and the costs administering the publication and printing and mailing of this notice which are to be determined.  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 settle all disputes, claims, demands, causes of actions, damages, losses, liabilities, costs, expenses, fines, and penalties, of every kind or nature, foreseeable and unforeseeable, against Defendants, their agents, heirs, representatives, and permitted assigns and any other past, present or future owners of the Real Estate based on, arising out of, or relating to the facts or allegations in Complaint.  Except for Class Members who submit a timely request for exclusion from the Class, upon entry of the Final Order and Dismissal in the Litigation, Plaintiff and each Class Member shall be bound by this Agreement and have no recourse for damages arising under the Chicago RLTO or Act or for any Released Claims. This release does not release Defendants of any conduct arising after the date of entry of preliminary approval of this proposed Settlement.   

 

WHAT TO DO IF YOU WISH TO RECEIVE MONEY FROM THE SETTLEMENT: 

If you wish to obtain the benefits of the Settlement, and you received an email directing you to this web page, then you are a ckass member, and at this time you should reply to this email to mark@depositlaw.com advising of whether you prefer to receive notice by email or regular mail, and, a mailing address for receipt of a check if you elect to participate.  You may designate a P.O. Box or other address for receipt of your check if you prefer not to disclose an actual address.

IF YOU HAVE ANY QUESTIONS:

You may visit the Court at 50 W. Washington St., the Richard J. Daley Center, and on the 8th Floor in Room 802 you may check out and inspect the actual court file and filings and orders therein.  Or you may contact Class Counsel Mark Silverman at mark@depositlaw.com.