Case 1:14-cv FDS Document 64 Filed 01/29/16 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

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1 Case 1:14-cv FDS Document 64 Filed 01/29/16 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS RICHARD MEYER and KATHLEEN LEONE, on behalf of themselves and all others similarly situated, Plaintiffs, v. THE MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, LAZ PARKING LIMITED, LLC, AND COMPLUS DATA INNOVATIONS, INC. CASE NO. 14-cv FDS Defendants ORDER AMENDING SCHEDULE SET FORTH IN PRELIMINARY APPROVAL ORDER WHEREAS, the Parties have filed a Joint Motion to Amend the Schedule as Set Forth in the Preliminary Approval Order. This Court orders that the schedule set forth in the Preliminary Approval Order is amended as follows: 1. The defendants shall provide corrected notices to those certain class members identified in the Assented To Motion to Amend the Schedule as Set Forth in the Preliminary Approval Order filed with the Court January 27, 2016, by mail and by website posting in accordance with the plan attached to the Agreement no later than January 29, Any Settlement Class Member who wishes to opt-out of the Settlement Class must submit a written request for exclusion by first-class mail to Defendants counsel at the address below, postmarked (or with other time-stamped proof of transmission) on or before March 3, Any Settlement Class Member, who has not previously opted-out, and who wishes to appear and be heard at the Fairness Hearing to object to the proposed settlement, must file with this Court a written statement of the objection postmarked (or with other time-stamped proof of

2 Case 1:14-cv FDS Document 64 Filed 01/29/16 Page 2 of 2 transmission) no later than February 19, 2016 after entry of this Order. No later than February 19, 2016, copies of all objection papers must also be served on: Class Counsel Matthew McCue 1 South Avenue Natick, MA Counsel for Defendant Massachusetts Bay Transportation Authority John A. Shope, Esquire Foley Hoag LLP 155 Seaport Boulevard Boston, MA The Parties shall file any papers they wish to have considered in connection with the Fairness Hearing no later than March 7, IT IS SO ORDERED. Dated: 1/29/2016 /s/ F. Dennis Saylor F. Dennis Saylor, IV United States District Judge

3 Case 1:14-cv FDS Document 60 Filed 12/17/15 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) RICHARD MEYER and KATHLEEN LEONE, ) on behalf of themselves and all others similarly ) situated, ) ) Plaintiffs, ) ) Civil Action No. v. ) FDS ) THE MASSACHUSETTS BAY ) TRANSPORTATION AUTHORITY, LAZ ) PARKING LIMITED, LLC, and COMPLUS ) DATA INNOVATIONS, INC., ) ) Defendants. ) ) ORDER AMENDING SCHEDULE SET FORTH IN PRELIMINARY APPROVAL ORDER SAYLOR, J. The schedule set forth in the preliminary approval order is amended as follows: 1. The fairness hearing will take place before the Honorable F. Dennis Saylor, IV on March 14, 2016, at 3:00 p.m. at the United States District Court, District of Massachusetts, Courtroom #2, 1 Courthouse Way, Boston, Massachusetts The parties should file any papers they wish to have considered in connection with the fairness hearing no later than February 23, The defendants shall provide notice by mail and by website posting in accordance with the plan attached to the agreement no later than January 8, The defendants shall provide notice by newspaper publication in accordance with such plan no later than January 20, Any settlement class member who wishes to opt-out of the settlement class must 2

4 Case 1:14-cv FDS Document 60 Filed 12/17/15 Page 2 of 2 submit a written request for exclusion by first-class mail to defendants counsel at the address below, postmarked (or with other time-stamped proof of transmission) on or before February 22, Any settlement class member who has not previously opted-out and who wishes to appear and be heard at the fairness hearing to object to the proposed settlement, must file with this court a written statement of the objection postmarked (or with other time-stamped proof of transmission) no later than February 1, 2016, after entry of this order. No later than February 1, 2016, copies of all objection papers must also be served on: Class Counsel Matthew McCue 1 South Avenue Natick, MA Counsel for Defendant Massachusetts Bay Transportation Authority John A. Shope, Esquire Foley Hoag LLP 155 Seaport Boulevard Boston, MA So Ordered. Dated: December 16, 2015 /s/ F. Dennis Saylor F. Dennis Saylor, IV United States District Judge 2

5 Case 1:14-cv FDS Document 57 Filed 10/19/15 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS RICHARD MEYER and KATHLEEN LEONE, on behalf of themselves and all others similarly situated, Plaintiffs, v. THE MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, LAZ PARKING LIMITED, LLC, AND COMPLUS DATA INNOVATIONS, INC. CASE NO. 14-cv FDS Defendants. PRELIMINARY APPROVAL ORDER WHEREAS, Plaintiffs have made a motion (the Motion ), pursuant to Federal Rule of Civil Procedure 23, for an order preliminarily approving settlement of the above-captioned action (the Action ) in accordance with the Settlement Agreement and Release of Claims dated September 30, 2015 (the Agreement ), which, together with the Exhibits attached thereto, sets forth the terms and conditions for a proposed settlement of this matter and its dismissal with prejudice; and WHEREAS, this Court having read and considered Plaintiffs Motion, the Agreement and Exhibits attached thereto, as well as all arguments and submissions from the Parties; and WHEREAS, all defined terms shall have the same meaning as set forth in the Agreement. NOW, THEREFORE, IT IS HEREBY ORDERED: 1. For purposes of this Action, this Court has subject matter jurisdiction and personal jurisdiction over the Parties, including all Settlement Class Members. 1

6 Case 1:14-cv FDS Document 57 Filed 10/19/15 Page 2 of 6 2. For purposes of this settlement only, this Court preliminarily certifies the following Settlement Class: all owners of a vehicle that received a notice of violation or ticket on a date on or before July 6, 2015 for alleged failure to pay the amount due for parking at an MBTA parking lot at which an Honor Box was used. The Settlement Class excludes the following individuals and entities: (i) those who properly and effectually exclude themselves from the settlement as set forth herein; (ii) those who have previously resolved and released their claims, or whose predecessors-in-interest previously resolved and released their claims, as a result of a written settlement agreement, dismissal with prejudice or res judicata; (iii) Defendants and their employees and other affiliates; and (iv) the judge(s) to whom this Action is assigned or who is (are) presiding over the approval of this Settlement. Included within the Settlement Class are the legal representatives, heirs, successorsin-interest, transferees, and assignees of all such foregoing holders and/or owners, immediate and remote. For purposes of this settlement only, the Settlement Class preliminarily will be certified pursuant to Federal Rules of Civil Procedure 23(b)(2). Settlement Class Members shall have the right to exclude themselves by way of the opt-out procedure set forth below in Paragraph This Court preliminarily finds, solely for purposes of the settlement, that the Action may be maintained as a class action on behalf of the Settlement Class because: (a) the Settlement Class is so numerous that joinder of all Settlement Class Members in the Action is impracticable; (b) there are questions of law and fact common to Settlement Class Members; (c) Plaintiffs claims are typical of the claims of the Settlement Class; (d) Plaintiffs and Class Counsel have fairly and adequately represented and protected the interests of the Settlement Class; and (e) Defendants have acted or refused to act on grounds that apply generally to the Settlement Class, so that final injunctive relief or corresponding declaratory relief is appropriate with respect to the Settlement Class as a whole. 4. This Court preliminarily approves the Agreement as being fair, reasonable and adequate and within the range of possible approval, subject to further consideration at the Fairness Hearing as set forth below in Paragraph 7. 2

7 Case 1:14-cv FDS Document 57 Filed 10/19/15 Page 3 of 6 5. This Court preliminarily finds that Plaintiffs fairly and adequately represent the interests of the Settlement Class and therefore designates Plaintiffs as the representatives of the Settlement Class. 6. Pursuant to Federal Rule of Civil Procedure 23(g), this Court designates Matthew McCue as Class Counsel. This Court authorizes Plaintiffs and Class Counsel to enter into the Agreement on behalf of the Settlement Class, subject to final approval by this Court of the settlement. Plaintiffs and Class Counsel, on behalf of the Settlement Class, are authorized to take all appropriate action required or permitted to be taken by the Settlement Class pursuant to the Agreement to effectuate its terms. 7. The Fairness Hearing shall take place before the Honorable F. Dennis Saylor, IV on February 22, 2016 at 3:00 pm est. at the United States District Court, District of Massachusetts, Courtroom #2, 1 Courthouse Way, Boston, Massachusetts 02210, to determine: whether the proposed settlement of the Action on the terms and conditions provided for in the Agreement is fair, adequate and reasonable as to the Settlement Class Members and should be approved; whether the Judgment, as provided for in the Agreement, should be entered; the amount of fees and costs that should be awarded to Class Counsel; and the amount of the service awards that should be awarded to Plaintiffs. The Court will also hear and consider any properly lodged objections at that time. 8. The Court retains discretion to change the date and/or time of the Fairness Hearing as well as all other dates and deadlines provided under the Settlement, for good cause shown, without further notice to the Class pursuant to Paragraph 16 of this Order. 9. The Parties will file any papers they wish to have considered in connection with the Fairness Hearing no later than February 2,

8 Case 1:14-cv FDS Document 57 Filed 10/19/15 Page 4 of This Court approves the Notice and the Notice Plan, and finds that such notice satisfies the requirements of Due Process, the Federal Rules of Civil Procedure and any other applicable laws, and constitutes the best notice practicable under the circumstances and shall constitute due and sufficient notice to all persons entitled thereto. The defendants shall provide notice by mail and by website posting in accordance with the plan attached to the Agreement no later than December 16, The defendants shall provide notice by newspaper publication in accordance with such plan no later than January 6, All Settlement Class Members who do not request exclusion ( opt-out ) from the Settlement Class, pursuant to the procedure set forth in Paragraph 12 below, shall be bound by all determinations and judgments in this Action concerning the settlement, including, but not limited to, the validity, binding nature and effectiveness of the releases set forth in the Agreement. 12. Any Settlement Class Member who wishes to opt-out of the Settlement Class must submit a written request for exclusion containing the name and docket number of this action. Written requests for exclusion must also include the Class Member s name, address, and telephone number, and expressly state the desire to be excluded from the Settlement Class. If such exclusion is filed by counsel representing the opt-out, such request for exclusion shall also include contact information for counsel for the opt-out. No Class Member may opt out on behalf of any other Class Member. A written request for exclusion must be sent by first-class mail to Defendants counsel at the address below, postmarked (or with other time-stamped proof of transmission) on or before February 1, Any Settlement Class Member, who has not previously opted-out in accordance with the terms of Paragraph 12 above, may appear at the Fairness Hearing to argue that the proposed settlement should not be approved and/or to oppose the application of Class Counsel for an award of attorneys fees and costs and the service awards to Plaintiffs; provided, however, that 4

9 Case 1:14-cv FDS Document 57 Filed 10/19/15 Page 5 of 6 no Settlement Class Member shall be heard, and no objection may be considered, unless the Settlement Class Member files with this Court a written statement of the objection postmarked (or with other time-stamped proof of transmission) no later than January 18, 2016 after entry of this Order. No later than January 18, 2016, copies of all objection papers must also be served on: Class Counsel Matthew McCue 1 South Avenue Natick, MA Counsel for Defendant Massachusetts Bay Transportation Authority John A. Shope, Esquire Foley Hoag LLP 155 Seaport Boulevard Boston, MA All objections must include: (a) a statement as to whether the objector intends to appear at the Fairness Hearing, either in person or through counsel, and, (b) if through counsel, identify counsel by name, address and phone number, and, if in person, the Class Member shall provide his or her name, address and phone number; (c) a detailed statement of the specific legal and factual bases for each and every objection; (d) a list of any witnesses and photocopies of exhibits that the objector intends to introduce at the Fairness Hearing, if any; and (e) the objector s signature, verifying under penalty of perjury, that he or she is a member of the Settlement Class, and the registration of the vehicle(s) and ticket number(s) at issue. Any Class Member who does not file a Notice of Intent to Object waives the right to do so in the future, and shall be forever barred from making any objection to the Settlement. In the event that a Class Member files both a Request for Exclusion and an Notice of Intent to Object, the Request for Exclusion will be honored, and the Parties agree that the Objection will thereby be rendered moot and without legal effect. 14. All proceedings in this Action are stayed pending final approval of the settlement, except as may be necessary to implement the settlement or comply with the terms of the Agreement. 5

10 Case 1:14-cv FDS Document 57 Filed 10/19/15 Page 6 of Pending final determination of whether the settlement should be approved, Plaintiffs, all Settlement Class Members and any person or entity allegedly acting on behalf of Settlement Class Members, either directly, representatively or in any other capacity, are preliminarily enjoined from commencing or prosecuting against the Released Parties any action or proceeding in any court or tribunal asserting any of the Released Claims, provided, however, that this injunction shall not apply to individual claims of any Settlement Class Members who timely exclude themselves in a manner that complies with Paragraph 12 above. This injunction is necessary to protect and effectuate the settlement, this Preliminary Approval Order, and this Court s flexibility and authority to effectuate this settlement and to enter judgment when appropriate, and is ordered in aid of this Court s jurisdiction and to protect its judgments pursuant to 28 U.S.C. section 1651(a). 16. This Court reserves the right to adjourn or continue the date of the Fairness Hearing without further notice to Settlement Class Members, and retains jurisdiction to consider all further applications arising out of or connected with the settlement. This Court may approve or modify the settlement without further notice to Settlement Class Members. IT IS SO ORDERED. Dated: 10/19/2015 /s/ F. Dennis Saylor F. Dennis Saylor, IV United States District Judge 6