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Update on the Opt-Out Notice for Waiting List Class Members

posted May 22, 2012, 8:22 PM by Vivien Akiyama   [ updated May 24, 2012, 11:43 AM ]
The Court is allowing any Waiting List Subclass Member who wishes to pursue his/her own damages claim to opt-out of the Waiting List Subclass.  The opt-out notice is being mailed on May 22, 2012.  The deadline to opt-out is July 15, 2012.  Click here for a copy of the opt-out notice.

If you have any questions, please review the opt-out notice and the below information before you contact us.

Here are answers to some questions you might have:

What does it mean if I opt-out?

If you opt-out of the lawsuit, you must retain and pay for your own lawyer, or proceed pro se without a lawyer. You must file your own damages complaint by September 1, 2012.  Class Counsel will not represent you after you opt-out of the lawsuit.

Why would I want to opt-out?

You might want to opt-out if you have a unique damages claim, such as not receiving a commercial property lease.

If I opt-out, does it mean my claim will be resolved sooner?

Opting-out of the lawsuit does not mean that your claim will be resolved sooner than the rest of the class.

If I opt-out, can I rejoin the lawsuit?

        If you opt-out, you can not rejoin the lawsuit.  If there is a monetary judgment or settlement in favor of the Waiting List Subclass, you will not be able to participate in the          settlement or judgment.

Is Class Counsel recommending that we opt-out?

Although each class member must make his or her own decision, Class Counsel does not recommend that you opt-out unless you have unique circumstances and can afford to pay for your own lawyer.


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