This Notice applies to you if you have had a parking ticket issued at one of the MBTA s Honor Box Parking Lots.

Transcription

1 NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION PROVIDING RELIEF TO THOSE WITH UNPAID PARKING TICKETS ISSUED AT ONE OR MORE OF THE MBTA S HONOR BOX PARKING LOTS This Notice applies to you if you have had a parking ticket issued at one of the MBTA s Honor Box Parking Lots. THIS NOTICE COULD AFFECT YOUR RIGHTS PLEASE READ IT CAREFULLY This Notice is required by an order of the United States District Court for the District of Massachusetts. It summarizes a proposed settlement of a class action lawsuit titled Richard Meyer, et al. v. The Massachusetts Bay Transit Authority, LAZ Parking Limited, LLC & Complus Data Innovations, Inc., No. 14-cv (D. Mass.) ( the Action ). In the Action, the Plaintiffs claimed that the MBTA and the other Defendants had implemented and managed a flawed system for issuing and enforcing parking tickets at its Honor Box lots. The Plaintiffs alleged that the Defendants failed to provide sufficient legal protections to those who contested their tickets. The Action has been settled subject to Court review of the appropriateness of the terms of settlement. Defendants deny all allegations of wrongdoing. However, they have chosen to enter into the Settlement in order to resolve the claims against them without the expense and distraction of further litigation. Information about your rights under the Settlement and your choices as a Class Member is provided below. PARTICIPATE IN THE SETTLEMENT AND OBTAIN THE RELIEF DESCRIBED BELOW EXCLUDE YOURSELF FROM THE SETTLEMENT OBJECT YOU MAY BUT DO NOT NEED TO ATTEND THE COURT HEARING ABOUT THE SETTLEMENT SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS If you do not do anything, you will receive the benefits of the Settlement, including the right to dismissal of certain tickets, fines and penalties. Because not all tickets, fines and penalties are dismissed by this Settlement, you will also have a renewed time-limited right to contest (at your own costs and expense) those unpaid tickets (and the resulting fines and penalties) that are not dismissed. If you do not wish to participate in the Settlement, you can exclude yourself from the Settlement. This is the only option that will allow you to sue the Defendants on issues covered by the lawsuit. If you wish to exclude yourself, you must do so by March 3, 2016 by taking the action described in Section 11 below. If you do not exclude yourself and the Settlement is approved by the Court, you will be bound by the rulings of the Court. You may object to the Settlement if you do not think it is fair or reasonable. In order to object to the Settlement you must remain a member of the lawsuit you cannot also ask to be excluded. If you wish to object, you must do so by February 19, 2016 by taking the action described in Section 14 below. You may go to the Fairness Hearing conducted by the Court whether or not you object to the Settlement. However you do not need to attend to get settlement benefits. If you believe that the Settlement is unfair and wish to speak about why you think that, you must follow the requirements for an objection. The time and place of the Fairness Hearing is set out in Section 16 below. 1

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 2 1. What is this lawsuit about? 2. Why is this a class action lawsuit? 3. Why is there a settlement? WHO IS IN THE SETTLEMENT....PAGE 3 4. How do I know if I am part of the Settlement? 5. What is an Honor Box lot? THE SETTLEMENT BENEFITS WHAT YOU MAY OBTAIN.... PAGE 3 6. What benefits does the Settlement provide? 7. What do I need to do to get the Settlement s benefits? 8. What will I give up in exchange for the Settlement s benefits? 9. How do I exercise the renewed right to appeal any remaining unpaid tickets? 10. When will Settlement benefits be available? EXCLUDING YOURSELF FROM THE SETTLEMENT. PAGE What do I need to do if I do not want the Settlement to apply to me? THE LAWYER REPRESENTING YOU..PAGE Do I have a lawyer in this case? 13. How will the lawyers and Class Representatives be paid? OBJECTING TO THE SETTLEMENT....PAGE How do I inform the Court if I do not like the Settlement? 15. Can I object if I exclude myself from the Settlement? THE COURT S FAIRNESS HEARING....PAGE When and where will the Court decide to approve the Settlement? 17. Do I have to come to the hearing? IF YOU DO NOTHING...PAGE What happens if I do nothing at all? GETTING MORE INFORMATION..PAGE Are there more details available about the Settlement? 20. How do I get more information? BASIC INFORMATION 1. What is this lawsuit about? Plaintiffs (Richard Meyer and Kathleen Leone) allege that Defendants (The Massachusetts Bay Transit Authority ( MBTA ), LAZ Parking Limited, LLC & Complus Data Innovations, Inc.) violated the due process clause of the United States Constitution, violated 42 U.S.C. 1983, committed abuse of process and conversion in their processes for issuing parking tickets, in their procedures for giving notice of alleged failure to pay parking tickets, in their collection of parking tickets, in their processes for adjudication of appeals of parking tickets, and in marking parking tickets at the Registry of Motor Vehicles ( RMV ) for non-renewal of vehicle registrations and driver s licenses, all with respect to MBTA parking lots using an Honor Box for parking payments. Defendants subsequently filed an answer and affirmative defenses to the First Amended Class Action Complaint and moved for a summary judgment of dismissal of Plaintiffs claims. 2. Why is this a class action lawsuit? In a class action, one or more people, called Class Representatives, sue on behalf of people who could have similar claims. In this case Richard Meyer and Kathleen Leone are the Class Representatives. The Class 2

3 Representatives and all those persons who could have similar claims are referred to as Class Members. One court case resolves the issues for all Class Members, except for those who exclude themselves from the Class. 3. Why is there a settlement? The Court did not decide in favor of Plaintiffs or Defendants. Defendants were not found liable for any of the alleged claims. Instead, both sides agreed to a settlement, which is a compromise of claims. By settlement, all Parties avoid the cost of a trial, and the people affected are potentially eligible to receive a benefit sooner rather than later, without the risks and delays of trial. The Class Representatives and their attorneys think the Settlement described is fair and adequate for the Class Members. WHO IS IN THE SETTLEMENT 4. How do I know if I am part of the Settlement? Everyone who fits the following description is a Class Member: All owners of a vehicle who 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. These people are referred to in this Notice as Class Members. If you have received a Notice of the Settlement in the mail, the Parties have determined that you are a Class Member. If you did not receive a mailed Notice but found out about the Settlement in some other way, you may still be a Class Member if you received a ticket in an Honor Box lot. 5. What is an Honor Box lot? An Honor Box lot is an MBTA parking lot that used a box for the payment of parking fees in which only cash could be used for payment and no receipt was provided. A list of the MBTA s Honor Box lots can be found attached as Exhibit B to the Settlement Agreement and Release of Claims posted at THE SETTLEMENT BENEFITS WHAT YOU MAY OBTAIN 6. What benefits does the Settlement provide? The Court has preliminarily approved this Settlement as fair, reasonable and adequate to provide compensation to Class Members. This relief for Class Members will be based on the date the parking ticket was issued as follows: A. IF YOU WERE ISSUED A PARKING TICKET FROM NOVEMBER 1, 2011 TO AUGUST 31, 2013, FOR FAILURE TO PAY THE AMOUNT OWED FOR PARKING AT AN MBTA PARKING LOT IN WHICH AN HONOR BOX WAS USED, AS TO EACH VEHICLE REGISTRATION: (1) Oldest Unpaid Ticket The oldest unpaid parking ticket will be dismissed in its entirety including all parking fees, fines and penalties. (2) Next Oldest Nine Unpaid Tickets AND The fines and penalties on the next oldest nine (9) unpaid tickets will be dismissed, but the parking fees on such tickets will remain due and owing. 3

4 AND (3) Eleventh and Subsequent Unpaid Tickets The fines, penalties, and fees on the eleventh oldest and any subsequent unpaid tickets issued between November 1, 2011 and August 31, 2013 will not be reduced or dismissed unless you prevail in a successful individual appeal described in the response to Question 9 below. (4) Holds at the RMV on Forgiven Tickets AND The MBTA will recall the registration holds at the RMV on the tickets to be forgiven under this Subsection. The MBTA will still collect the $20 administrative charge payable to the RMV for marked tickets that have not been dismissed in their entirety, and, to the extent that there are marked tickets that have not been completely dismissed under the Settlement, registration and driver s license renewal will still require satisfaction of other outstanding tickets and RMV charges. NOTE: A registration hold (if it is not recalled and if the tickets are not paid), may prevent you from re-registering your vehicle or renewing your driver s license. B. IF YOU WERE ISSUED A PARKING TICKET BEFORE NOVEMBER 1, 2011 FOR FAILURE TO PAY THE AMOUNT OWED FOR PARKING AT AN MBTA PARKING LOT IN WHICH AN HONOR BOX WAS USED, AS TO EACH VEHICLE REGISTRATION: (1) Oldest Five Unpaid Tickets The oldest five (5) unpaid parking tickets will be dismissed in their entirety including parking fees, fines and penalties. This will be in addition to any dismissals available under Section A above. (2) Sixth and Subsequent Unpaid Tickets AND The fines and penalties on the sixth oldest and subsequent unpaid tickets issued before November 1, 2011 will be dismissed, but the parking fees on such tickets shall remain due and owing unless you prevail in a successful individual appeal described in response to Question 9 below. (3) Holds at the RMV on Forgiven Tickets AND The MBTA will recall the registration holds at the RMV on the tickets to be forgiven under this Subsection. The MBTA will still collect the $20 administrative charge payable to the RMV for marked tickets that have not been dismissed in their entirety, and, to the extent that there are marked tickets that have not been completely dismissed under the Settlement, registration and driver s license renewal will still require satisfaction of other outstanding tickets and RMV charges. NOTE: A registration hold (if 4

5 it is not recalled and if the tickets are not paid), may prevent you from re-registering your vehicle or renewing your driver s license. C. ADDITIONAL BENEFITS OF THE SETTLEMENT ARE THAT THE MBTA HAS AGREED TO DISCONTINUE USE OF HONOR BOXES IN ALL OF ITS PARKING LOTS AND HAS AGREED TO PERMIT ADDITIONAL INDIVIDUAL APPEALS. A description of the right to bring an individual appeal is below in the response to Question 9 below. D. NOTE: UNDER THE SETTLEMENT, IF YOU HAVE PAID A PARKING TICKET, OR A FINE OR A PENALTY, YOU WILL NOT BE ELIGIBLE FOR A REFUND OF YOUR PAYMENT. 7. What do I need to do to get the Settlement s benefits? You do not need to do anything to get the benefits of Settlement. If you do not exclude yourself as described in the response to Question 11, you will get the Settlement s benefits (other than the right to individual appeal described in the response to Question 9) automatically. If you wish to pursue an individual appeal of tickets that are not dismissed by this Settlement, you will need to take action no later than thirty (30) days after the date on which the Settlement becomes final. 8. What will I give up in exchange for the Settlement s benefits? If you are a Class Member and you do not exclude yourself, you will be bound by the terms of the Settlement Agreement. You will give up your rights (other than the right of individual appeal described in the response to Question 9) to sue Defendants for claims related to the issuance of a parking ticket issued on a date prior to the date of execution of the Settlement Agreement for alleged failure to pay the amount due for parking at an MBTA parking lot at which an Honor Box was used. That means you cannot sue, continue to sue, or be part of any other lawsuit for claims related to this Settlement. It also means that all of the Court s orders will apply to you and legally bind you. NOTE: This is a summary. The specific terms of the release of claims that will bind you are set forth in the Settlement Agreement. The Settlement Agreement can be found at and 9. How do I exercise the renewed right to appeal any remaining unpaid tickets? All unpaid, open tickets issued up to the date of final approval that are not dismissed under this Settlement may be appealed within thirty (30) days of final approval of the Settlement. However, in such appeal there will be no right to additional dismissal based solely on the fact that the alleged violation was the first in the calendar year. Furthermore, in any such appeal, you will not be able to argue any of the following: (A) that your tickets should be dismissed on the theory that the form or content of the ticket failed to comply with law; (B) that you were not given sufficient notice of the alleged violation or any right to appeal; (C) that the failure to provide a receipt by itself invalidated any ticket; or (D) that the content of any notices with respect to your tickets, or the practice of marking tickets at the RMV, was deceptive, misleading, or coercive. The MBTA s records of the violation will be admissible in such appeals as evidence of a violation, subject to rebuttal by witness statement(s), photographs, diagrams, electronic receipts, cancelled checks, or other evidence including, without limitation, Honor Box photos in the possession of one of the Defendants. Any such appeals must be submitted as an initial matter solely on in the same manner as currently employed, and may be processed and resolved ( initial disposition ) in the first instance by either LAZ or MBTA staff within six (6) months of the date of final approval of the Settlement. 5

6 If you are dissatisfied with the initial disposition of your appeal, you will have ten (10) days from the date of such disposition to request in writing a hearing in person before the MBTA s director of parking services or his designee, at a date and time within normal business hours chosen at the discretion of the MBTA. Failure to appear at such date and time will be grounds for dismissal of the appeal. Such further appeals will be decided within three (3) months of the written request. If you are dissatisfied with the result of such a hearing, you will retain the right to appeal under Mass. Gen. Laws c. 30A, 1 et seq., subject to the waiver of legal arguments set forth in if the first paragraph of this section. NOTES: You may not appeal a paid ticket. All individual appeals will be at your own cost and expense. Counsel for the Class in this matter cannot represent you in your individual appeal, but you may retain other counsel if you choose. 10. When will Settlement benefits be available? The Settlement s benefits will not be available until the Court approves the Settlement and that Court order becomes final. You may view updates about the Settlement on the website: EXCLUDING YOURSELF FROM THE SETTLEMENT 11. What do I need to do if I do not want the Settlement to apply to me? If you do not want a benefit from this Settlement and you want to preserve your right to sue or continue to sue one or more of the Defendants for claims based on their processes for issuance or collection of parking tickets, you must take steps to avoid the Settlement. This is called excluding yourself from, or is sometimes referred to as opting out of, the Settlement Class. If you ask to be excluded from the Settlement, you will receive no automatic ticket dismissal or forgiveness of fines, penalties, and fees as provided for in this Settlement, but you will preserve your right to file or pursue your own lawsuit (at your own cost and expense). You should not assume that any such independent lawsuit will be successful. To exclude yourself from the Settlement, you must complete and return a written request for exclusion. Written requests for exclusion must include your 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 you, such request for exclusion must also include the contact information for your counsel for the Class Member. No Class Member may opt out on behalf of any other Class Member. You must mail your exclusion request by First Class U.S. mail, postage paid and postmarked no later than March 3, 2016 to: MBTA COUNSEL John A. Shope, Esquire Foley Hoag LLP 155 Seaport Boulevard Boston, MA You cannot exclude yourself on the phone or by . If you ask to be excluded, you cannot receive benefits under this Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. 6

7 NOTE: You do not need to exclude yourself in order to exercise the individual right of appeal described in the response to Question 9. THE LAWYERS REPRESENTING YOU 12. Do I have a lawyer in this case? The Court asked the following attorney to represent you and other Class Members: Matthew P. McCue, Esquire One South Avenue Natick, MA You will not be charged for this lawyer. The lawyers will be paid as described below in the response to Question 13. If you want to be represented by your own lawyer, you may hire one at your own expense. 13. How will the lawyers and Class Representatives be paid? Class Counsel will ask the Court for an award of $145,000 in attorneys fees and $3,200 for reimbursement of expenses, as well as for service payments to the Class Representatives in the amount of $1,750 each for their services to the Class. Defendants will separately pay the fees, expenses and service payments that the Court awards. These amounts will not come out of the benefits to Class Members. A copy of Class Counsel s papers in support of an award of attorneys fees and expenses and request for service payments to Class Representatives will be available at as of January 15, Defendants will separately pay the fees and costs to administer the settlement. The Class Settlement does not require you to pay these fees. OBJECTING TO THE SETTLEMENT 14. How do I inform the Court if I do not like the Settlement? If you are a Class Member, you can object to the Settlement and/or Class Counsel s petition for attorneys fees, service payments and expenses if you do not like any part of them. You must give reasons why you think the Court should not approve them. The Court will consider your objection provided that you follow the procedures set out in this Section. To object, you must send a letter to the Defendants counsel and Class Counsel saying that you object to the Richard Meyer, et al. v. The Massachusetts Bay Transit Authority, LAZ Parking Limited, LLC & Complus Data Innovations, Inc., No. 14-cv (D. Mass.) settlement. Be sure to include: (i) your full name, current address, and telephone number; (ii) a statement as to whether you intend to appear at the Final Settlement Hearing, either in person or through counsel, and, if through counsel, identify counsel by name, address and phone number; (iii) a detailed statement of the specific legal and factual bases for each and every objection; (iv) a list of any witnesses and photocopies of exhibits that you intend to introduce at the Final Settlement Hearing, if any; and (v) your signature, verifying under penalty of perjury, that you are a member of the Settlement Class, and the registration of the vehicle(s) and ticket number(s) at issue. You cannot object to the Settlement by phone or . Any objection must be postmarked no later than February 19, 2016 and mailed to: Class Counsel MBTA Counsel Matthew P. McCue, Esquire One South Avenue 7 John A. Shope, Esquire Foley Hoag LLP

8 Natick, MA Seaport Boulevard Boston, MA You must also mail or otherwise file your objection with the Court. The Court must receive the same written objection sent to Defendants counsel and Class Counsel not later than March 3, 2016 at: United States District Court for the District of Massachusetts John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Suite 2300 Boston, MA If you do not submit a written comment on the proposed settlement or Class Counsel s petition for attorneys fees, service payments and expenses in accordance with the deadline and procedures set forth above, you will waive your right to be heard at the Final Settlement Hearing and to appeal from any order or judgment of the Court concerning this matter. 15. Can I object if I exclude myself from the Settlement? You can object only if you stay in the Class. Excluding yourself (opting out) is telling the Court that you are excluding yourself from being involved in the Class Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you. In the event that you send a request for exclusion, as described in the response to Question 11, and a Notice of Intent to Object, as described in the response to Question 14, the request for exclusion will be honored and the Notice of Intent to Object will thereby be rendered moot and without legal effect. THE COURT S FAIRNESS HEARING 16. When and where will the Court decide to approve the Settlement? The Court will hold a Fairness Hearing ( Final Settlement Hearing ) at 3:00 p.m. on March 14, 2016, at the United States District Court for the District of Massachusetts, John Joseph Moakley U.S. Courthouse, Courtroom 2, 1 Courthouse Way, Boston, MA At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. It is not known how long these decisions will take. Please note that the hearing date may change. To verify the hearing date please visit Do I have to come to the hearing? No. You do not need to attend the hearing to receive Settlement Benefits. However, you are welcome to come to the hearing at your own expense. If you send an objection, you are not required to come to Court to talk about it, although you are free to do so. You may also pay your own lawyer to attend, but it is not necessary. IF YOU DO NOTHING 18. What happens if I do nothing at all? If you do nothing, you will not be able to sue Defendants for any claims related to issuance of parking tickets at MBTA parking lots with Honor Box payments. You will still be a Settlement Class Member. You will receive the Settlement s benefits and will be bound by the rulings made in this case. 8

9 GETTING MORE INFORMATION 19. Are there more details available about the Settlement? This Notice summarizes the proposed settlement. There are more details in the Settlement Agreement. You can get a copy of the Settlement Agreement by visiting DO NOT CONTACT THE COURT. 20. How do I get more information? You can visit the settlement website at where you will find additional information about the case and the Settlement. You may also contact Class Counsel as identified in the response to Question 12. B