A class action is a lawsuit in which one or more representative plaintiffs (in this case, Plaintiff) bring a lawsuit on behalf of themselves and other similarly situated persons (i.e., a class) who have similar claims against the defendants. The representative plaintiff, the court, and counsel appointed to represent the class all have a responsibility to make sure that the interests of all class members are adequately represented.
Importantly, class members are NOT individually responsible for payment of attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from the settlement fund, the court-awarded judgment amount, or, as in this case, directly by the defendants, and such payment must be approved by the court. If there is no recovery on behalf of the class, the attorneys do not get paid.
When a representative plaintiff enters into a settlement with a defendant on behalf of a class, such as in this Settlement with PrimoHoagies, the court will require that the members of the class be given notice of the settlement and an opportunity to be heard with respect to the settlement. The court then conducts a hearing (called a Fairness Hearing) to determine, among other things, if the settlement is fair, reasonable, and adequate.
You received a Notice because you requested it or records indicate that you may be a Class Member. As a potential Class Member, you have a right to know about the proposed Settlement with PrimoHoagies before the Court decides whether to approve the Settlement.
The Notice explains the Action, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how you can apply to receive your portion of the benefits if you are eligible. The purpose of this Notice is also to inform you of the Fairness Hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement, and to consider requests for awards of attorneys’ fees and litigation expenses, and any Incentive Award for Plaintiff.
The Notice incorporates by reference the definitions in the Stipulation and Agreement of Settlement with PrimoHoagies (the “Settlement Agreement”).
The Settlement Agreement and the Court’s Preliminary Approval Order are posted on the Important Documents page. All capitalized terms used in the Notice, but not otherwise defined, shall have the same meanings as in the Settlement Agreement and the Court’s Preliminary Approval Order.
Plaintiff brought this Action against PrimoHoagies, a company which operates a chain of sandwich restaurants. PrimoHoagies also has an e-commerce online payment platform on its website which allows customers to place orders for pickup or delivery from a PrimoHoagies restaurant location. This Action arises out of a third-party, external criminal cyberattack incident that PrimoHoagies disclosed on April 17, 2020, which targeted PrimoHoagies’ online payment platform between July 15, 2019 and February 18, 2020 (the “Data Breach”). Plaintiff alleges that the Data Breach caused consumers’ information, including at least names, addresses, Payment Card numbers, expiration dates, and security codes, to be exposed.
The lawsuit claims that PrimoHoagies was responsible for the Data Breach, and asserts claims for negligence, negligence per se, breach of implied contract, and various consumer protection claims under the laws of Pennsylvania and New Jersey. The lawsuit seeks compensation for people whose information was exposed in the Data Breach and have been injured as a result.
PrimoHoagies disputes Plaintiff’s allegations and denies any wrongdoing or that it violated any law. PrimoHoagies further maintains that it has good and meritorious defenses to Plaintiff’s claims and would prevail if the case were to proceed. Nevertheless, to avoid further expense, inconvenience, and distraction of burdensome and protracted litigation, PrimoHoagies has agreed to settle the claims in this lawsuit, and to provide certain Settlement Relief. Class Members who submit a valid Claim Form may be entitled to one or more of the following Settlement Relief: (1) credit monitoring services for one year; (2) reimbursement of up to $120.00 for certain documented out-of-pocket costs and expenses incurred as a result of or after a fraudulent charge on a Payment Card, after that Payment Card was used at PrimoHoagies; and/or (3) reimbursement for $7.50 for lost time and effort expended as a result of a documented fraudulent charge incurred on a Payment Card, after that Payment Card was used at PrimoHoagies.
If the Settlement is approved, the Action will be resolved against PrimoHoagies. If the Settlement is not approved, the Action will continue, and Plaintiff will continue to pursue their claims against PrimoHoagies.
On April 23, 2020, Plaintiff initiated this Action by filing a class action complaint on behalf of a class of persons allegedly harmed as a result of PrimoHoagies’ alleged failure to safeguard and protect its customers’ highly sensitive and personal Payment Card information. ECF No. 1.
On June 4, 2020, PrimoHoagies filed a pre-motion letter setting forth its reasons the Court should dismiss the Complaint for lack of Article III standing and failure to state a claim. ECF No. 11. On June 11, 2020, Plaintiff filed a response in opposition to PrimoHoagies arguments seeking to dismiss this action. ECF No. 12. On June 23, 2020 and August 6, 2020, the Court held pre-motion conferences concerning PrimoHoagies’ request to file a motion to dismiss this action. At the request of the Parties, the Court extended PrimoHoagies deadline to file its anticipated motion to dismiss due to ongoing settlement negotiations.
Beginning in September 2020, the Parties engaged in exhaustive and hard-fought settlement negotiations to resolve the Action. Plaintiff and PrimoHoagies initially participated in settlement conferences with the now retired Hon. Joel Schneider on October 14, 2020, November 2, 2020, November 23, 2020, and December 21, 2020, presenting arguments concerning each Party’s view on liability and damages, and exchanging settlement proposals. The Parties continued their settlement negotiations with the assistance of the Hon. Matthew J. Skahill, Magistrate Judge for the District of New Jersey, preparing confidential settlement memoranda for Judge Skahill in advance of a settlement conference held on May 7, 2021. Two more settlement conferences were held before Judge Skahill on June 23, 2021 and August 5, 2021, with each additional conference focusing on resolving the remaining issues and barriers to a settlement.
On August 9, 2021, the Parties informed the Court that a settlement in principle had been reached, ECF No. 39. On August 12, 2021, the Court ordered a stay of all proceedings through September 27, 2021 and set a deadline of September 27, 2021 for Plaintiff to file a motion for preliminary approval of the settlement, which deadline was subsequently extended multiple times to February 17, 2022 by the joint request of the Parties. See ECF Nos. 40, 42, 44, 46. The Parties have negotiated the various terms of the Settlement Agreement. The negotiations over the Settlement terms were difficult and at times contentious as the Parties worked to implement the details of the agreement they had reached in principle with Judge Skahill. As a condition of the Settlement, PrimoHoagies provided confirmatory discovery to Plaintiff, including information to substantiate the size of the Settlement Class and the adequacy of the relief offered by PrimoHoagies. During this time, Plaintiff also issued a request for proposal from certain claims administrators to determine an appropriate administrator for this Settlement. After a detailed review, Plaintiff and PrimoHoagies agreed to select Angeion Group as the Settlement Administrator. After several months of back-and-forth discussion regarding the Settlement terms and the confirmatory discovery, the Parties executed the Settlement Agreement on March 17, 2022.
Plaintiff and Plaintiff’s Counsel believe that Class Members have been damaged by PrimoHoagies’s conduct. PrimoHoagies denies the allegations made by Plaintiff and any wrongdoing, believes that it has meritorious defenses to Plaintiff’s allegations, and believes that Plaintiff’s claims would have been rejected prior to trial, at trial (had Plaintiff successfully certified a class and survived summary judgment motions), or on appeal. As a result, PrimoHoagies believes Plaintiff would have received nothing if the litigation had continued to trial.
The Court has not decided in favor of either Plaintiff or PrimoHoagies. Instead, Plaintiff’s Counsel engaged in mediation with PrimoHoagies to reach a negotiated resolution of the Action. The Settlement allows both sides to avoid the risks and costs of lengthy litigation and the uncertainty of pre-trial proceedings, a trial, and appeals, and, if approved, will permit eligible Class Members who file timely and valid Claim Forms to be eligible to receive credit monitoring services and/or reimbursements for out-of-pocket charges and expenses and lost time and effort, rather than risk ultimately receiving nothing. Plaintiff and Plaintiff’s Counsel believe the Settlement is in the best interest of all Class Members.
If the Settlement is approved, the Action will be resolved against PrimoHoagies. If the Settlement is not approved, PrimoHoagies will remain a defendant in the Action, and Plaintiff will continue to pursue their claims against PrimoHoagies.
WHO IS PART OF THE SETTLEMENT
In the Preliminary Approval Order, the Court preliminarily approved the following Settlement Class:
All Persons in the United States whose Payment Card information was used to make an online order with PrimoHoagies during the Data Breach that PrimoHoagies made public on April 17, 2020.
Not everyone who fits this description will be a Class Member. Please see question 8 for a discussion of exclusions from the Settlement Class.
Yes. Excluded from the Settlement Class are: (i) PrimoHoagies and its employees, franchisees, franchisees’ employees, agents, affiliates, parents, and subsidiaries, whether or not named in the class action complaint in this Action; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff; and (iv) the attorneys representing the Parties in the Action.
If you are still not sure whether you are included, you can ask for help. You can call toll-free 1-(877)-844-8211 for more information.
THE SETTLEMENT RELIEF
If the Settlement is approved, Class Members that submit a valid and timely Claim Form, together with the additional required supporting documentation (if any) described below, may be entitled to one or more of the following Settlement Relief:
Credit Monitoring. Class Members may elect to receive one year of credit monitoring services valued at $119.40.
Out-of-Pocket Cost Reimbursement. Class Members may be eligible for reimbursement of the following out-of-pocket expenses, not to exceed $120.00 per Class Member, that were incurred as a result of the Data Breach:
Unreimbursed fraudulent charges incurred on Payment Cards used at PrimoHoagies, where the fraudulent charge(s) occurred during the Data Breach Period or up to five (5) months after the end of the Data Breach Period.
To be eligible, a Class Member must (1) complete the appropriate section of the Claim Form and attest thereon that they not aware of any other Person submitting a claim for reimbursement of the same out-of- pocket costs, and that the out-of-pocket costs claimed have not been reimbursed; (2) submit Documentation of a Fraudulent Charge, including the amount of the unreimbursed charge; (3) to the extent not reflected in the Documentation of a Fraudulent Charge, submit documentation that the Class Member is/was a cardholder on or owner of the account for the Payment Card; and (4) submit correspondence from the credit card company, debit card company, or bank associated with the Payment Card denying reimbursement of the fraudulent charge.
(b) Unreimbursed costs of purchasing credit reports, credit monitoring, and/or identity theft protection services after a fraudulent charge or notice of some suspicious activity subsequent to the use of their Payment Card at PrimoHoagies but before PrimoHoagies offered free credit monitoring to impacted customers on April 17, 2020.
To be eligible, a Class Member must (1) complete the appropriate section of the Claim Form and attest thereon that they not aware of any other Person submitting a claim for reimbursement of the same out-of- pocket costs, and that the out-of-pocket costs claimed have not been reimbursed; (2) submit Documentation of a Fraudulent Charge; and (4) submit documentation of the date, cost and proof of payment of the credit report(s), credit monitoring and/or identity theft protection services.
Lost Time and Effort Reimbursement. Class Members may be eligible for reimbursement in the amount of $7.50 for lost time and effort expended as a result of a fraudulent charge incurred on a Payment Card, after that Payment Card was used at PrimoHoagies during the Data Breach Period, regardless of whether that charge was reimbursed or not, where the charge occurred during the Data Breach Period or up to five (5) months after the end of the Data Breach Period.
To be eligible, a Class Member must (1) complete the appropriate section of the Claim Form and attest thereon that extended time and effort as a result of the Data Breach; and (2) submit Documentation of a Fraudulent Charge.
Documentation of a Fraudulent Charge. To qualify for either or both the Lost Time and Effort Reimbursement and the Out-of-Pocket Cost Reimbursement components of the settlement, Settling Class Members must provide Documentation of a Fraudulent Charge, which is documentation that shows: (1) a charge, (2) that was fraudulent, (3) occurring during the Data Breach Period or up to five (5) months after the end of the Data Breach Period, and (4) occurring after the same Payment Card was used during the Data Breach Period to make an online order with PrimoHoagies. Acceptable documentation may include, but is not limited to: (1) a bank statement or credit card or debit card statement, or a screen shot from a bank or credit or debit card account on a website or mobile app; (2) correspondence, such as emails, text messages, or letters, to or from the credit or debit card company or bank regarding the fraudulent charge; (3) phone call(s) with the credit or debit company or bank regarding the fraudulent charge; (4) a notice or alert from a credit or identify theft monitoring service, credit or debit card company or bank; and/or (5) other reasonable forms documentation that shows the fraudulent transaction and identifies that it was the same payment card used at PrimoHoagies.
Each Class Member can only receive: (1) one (1) activation code for Credit Monitoring; (2) up to $120.00 for the Out-of-Pocket Cost Reimbursement; and/or (3) $7.50 for the Lost Time and Effort Reimbursement, regardless of the number of Payment Cards used to make an online order(s) with PrimoHoagies during the Data Breach and the number of fraudulent transactions that occurred on each Payment Card.
The Settlement gives PrimoHoagies the right, but not the obligation, in its sole discretion to terminate the Settlement if the number of Class Members who timely exercise their right to request exclusion from the Settlement Class exceeds a certain percentage. PrimoHoagies has also agreed to separately pay for the costs associated with administering this Settlement, Court-approved attorneys’ fees and litigation expenses for Plaintiff’s Counsel not to exceed $111,495.09, and up to $1,000 for any Incentive Award to Plaintiff approved by the Court.
If you are a Class Member and do not exclude yourself, you are eligible to submit a Claim Form along with any required supporting documentation to receive one or more of the Settlement Relief. Claim Forms must be submitted online at the Settlement Website on or before 11:59 p.m. Eastern time on November 25, 2022 OR postmarked by November 25, 2022 and mailed to:
PrimoHoagies Data Breach Class Action Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
If you do not timely submit a Claim Form, you will not receive any Settlement Relief under the Settlement.
If you submit a complete, timely and valid Claim Form along with any required supporting documentation, the Settlement Administrator will distribute the Settlement Relief after the Court grants final approval of the Settlement. The Court will hold the Fairness Hearing on March 22, 2023 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals after that. It can sometimes take a year or more for the appellate process to conclude.
Please be patient; status updates will be posted on the Settlement Website.
After you submit a Claim Form, the Settlement Administrator will evaluate your Claim Form and any documentation you submit to determine if the claim is timely and valid, including whether you have provided sufficient information and/or the required supporting documentation, if any, to validate your membership in the Settlement Class and eligibility for Settlement Relief. If the Settlement Administrator determines that your Claim Form is deficient or defective, it will contact you. If you subsequently provide information and/or the supporting documentation that satisfies the Settlement Administrator concerns as to the validity of your Claim Form, you will not have to do anything else. The Settlement Administrator’s determination of the validity or invalidity of any such claims shall be binding, subject only to Court review or agreement by the Parties’ Counsel.
Unless you exclude yourself, you remain a Class Member. That means you can’t sue, continue to sue, or be part of any other lawsuit relating to the Released Claims in this Action against PrimoHoagies. Upon the Effective Date of the Settlement, Plaintiff and the Releasing Parties shall release and be deemed to release and forever discharge and shall be forever enjoined from prosecuting the Released Claims against Released Parties.
The capitalized terms used in this paragraph are defined in the Settlement Agreement, Preliminary Approval Order, or the Notice. For easy reference, certain of these terms are copied below:
- “Released Parties” means PrimoHoagies Franchising, Inc. d/b/a PrimoHoagies, as well as any and all of their respective present or past heirs, executors, estates, administrators, predecessors, successors, assigns, parent companies, subsidiaries, licensors, licensees, associates, affiliates, franchisees, employers, employees, franchisees’ employees, agents, consultants, independent contractors, insurers, directors, managing directors, officers, partners, principals, members, attorneys, accountants, financial and other advisors, underwriters, shareholders, lenders, auditors, investment advisors, legal representatives, successors in interest, assigns and companies, firms, trusts, and corporations.
- “Releasing Parties” means Plaintiff and Settling Class Members, as well as any and all of their respective present or past heirs, executors, estates, administrators, predecessors, successors, assigns, parent companies, subsidiaries, licensors, licensees, associates, affiliates, employers, employees, agents, consultants, independent contractors, insurers, directors, managing directors, officers, partners, principals, members, attorneys, accountants, financial and other advisors, underwriters, shareholders, lenders, auditors, investment advisors, legal representatives, successors in interest, assigns and companies, firms, trusts, and corporations.
- “Released Claims” means any and all actual, potential, filed, known or unknown, fixed or contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, liabilities, rights, causes of action, contracts or agreements, extracontractual claims, damages, punitive, exemplary or multiplied damages, expenses, costs, attorneys’ fees or obligations (including Unknown Claims) that have been or could be brought, whether in law or in equity, accrued or unaccrued, direct, individual or representative, of every nature and description whatsoever, whether based on federal, state, local, statutory or common law or any other law, rule or regulation, against the Released Parties, or any of them, that arise out of or are related to any facts, transactions, events, matters, occurrences, acts, disclosures, statements, representations, omissions or failures to act regarding the Data Breach and/or the facts alleged in the Action. Nothing herein is intended to release any claims any governmental agency or governmental actor may have against PrimoHoagies.
You are automatically a Settlement Class Member if you fit the Settlement Class description. However, if you do not submit a timely and valid Claim Form, you will not receive any Settlement Relief from the Settlement. You will be bound by past and any future Court rulings, including rulings on the Settlement and release. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be a part of any other lawsuit against PrimoHoagies on the basis of the Released Claims. Please see question 14 for a description of the Released Claims.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you are a Class Member, but do not want to remain in the Settlement Class, and do not want to receive the Settlement Benefits, then you must take steps to exclude yourself from the Settlement. This is also sometimes referred to as “opting out” of a class. See question 17.
If you act to exclude yourself from the Settlement Class of which you would otherwise be a member, you will be free to sue PrimoHoagies on your own and at your own expense for the claims being resolved by the Settlement. However, you not be eligible for any Settlement Relief from the Settlement, and Plaintiff’s Counsel will no longer represent you with respect to any claims against PrimoHoagies.
If you want to receive the Settlement Benefits from the Settlement, do not exclude yourself. You must file a Claim Form in order to receive any Settlement Benefits.
You can exclude yourself by sending a written “Request for Exclusion.” You cannot exclude yourself by telephone. Your written Request for Exclusion must be emailed and received, or postmarked and mailed by November 25, 2022, to:
PrimoHoagies Data Breach Class Action Settlement
c/o Settlement Administrator
Attn: Exclusion Request
P.O. Box 58220
Philadelphia, PA 19101
and (a) state the name, address, telephone number, email address, and the notice ID or confirmation code listed on the copy of the Notice you received (if available) of the person or entity seeking exclusion, and in the case of entities, the name and email address of the appropriate contact person; (b) clearly state that such person or entity requests to be excluded from the Settlement Class in the Action (Hozza v. PrimoHoagies Franchising, Inc. d/b/a PrimoHoagies, Case No. 1:20-cv-04966 (D.N.J.)); and (c) include the personal and original signature such person or entity requesting the exclusion or an authorized representative, as well as proof of authorization to submit the Request for Exclusion if submitted by an authorized representative.
A Request for Exclusion that does not include all of the foregoing information, that does not contain the proper signature, that is sent to an address other than the ones designated above, or that is not sent within the time specified shall be invalid and the person(s) filing such an invalid request shall be a Class Member and shall be bound by the Settlement, if approved.
If you submit both a Claim Form and a Request for Exclusion, and if you do not withdraw the Claim Form or the Request for Exclusion within the allotted time frame provided by the Settlement Administrator or prior to the deadline for filing a Request for Exclusion, you will be deemed to have waived and withdrawn the Request for Exclusion and shall be treated as a Class Member.
All persons who submit valid and timely Requests for Exclusion in the manner set forth above shall have no rights under the Settlement, shall not share in the distribution of Settlement Benefits, and shall not be bound by the Settlement. In addition, such persons will not be entitled to object to the Settlement or appear at the Fairness Hearing.
No. Unless you exclude yourself from this Settlement, you give up any right to sue PrimoHoagies for the Released Claims that the Settlement resolves.
No. You will not receive any Settlement Benefits if you exclude yourself.
No. If you exclude yourself, you are no longer a Class Member and may not object to any aspect of the Settlement.
OBJECTING TO THE SETTLEMENT
If you are a Class Member and do not exclude yourself, you can tell the Court what you think about the Settlement. You can object to all or any part of the Settlement, the application for attorneys’ fees and reimbursement of litigation expenses, and/or the motion for any Incentive Award for Plaintiff. You can give reasons why you think the Court should approve them or not. The Court will consider your views. If you want to make an objection, you may enter an appearance in the Action, at your own expense, individually or through counsel of your own choice, by filing with the Clerk of United States District Court for the District of New Jersey a notice of appearance and your objection, and serving copies of your objection on Plaintiff’s Counsel and PrimoHoagies’s Counsel by November 25, 2022 to the following addresses:
|Plaintiff’s Counsel||PrimoHoagies Counsel|
Anthony M. Christina
Amanda G. Fiorilla
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 733-7221
|William W. Cheney
John D. Shea
FREEMAN MATHIS & GARY, LLP
3 Executive Campus
Cherry Hill, New Jersey 08002
Telephone: (856) 406-1268
Any Class Member who does not enter an appearance will be represented by Plaintiff’s Counsel.
If you choose to object, you must file a written objection. You cannot make an objection by telephone or email. Your written objection must be signed by the Class Member (and, if applicable, signed by the Class Member’s duly authorized attorney or other duly authorized representative along with appropriate documentation setting forth such representation) and must include: (i) the name, address, telephone number, and email address of the person or entity objecting; (ii) the name and case number of the Action (Hozza v. PrimoHoagies Franchising, Inc. d/b/a PrimoHoagies, Case No. 1:20-cv-04966 (D.N.J.)); (iii) information, including any documentation, identifying you as a Settlement Class Member; (iv) a written statement of your objection(s), the specific legal or factual basis for the objection(s), and whether the objection applies only to you, a specific subset of the Settlement Class, or the entire Settlement Class; (v) a description of any and all evidence you may offer at the Fairness Hearing, including but not limited to the names, addresses, and expected testimony of any witnesses and all exhibits intended to be introduced at the Fairness Hearing; (vi) the name, address, telephone number and email address of all counsel representing you (if any); (vii) a statement of whether you and/or your counsel intend to appear at the Fairness Hearing; and (viii) a list of other cases in which you and/or your counsel has appeared either as an objector or counsel for an objector in the last five years. If you enter an appearance and desire to present evidence at the Fairness Hearing in support of your objection, you must also include in your written objection or notice of appearance the names and addresses of any witnesses you may call to testify, information concerning the witnesses’ expected testimony, and any exhibits you intend to introduce into evidence at the Fairness Hearing.
If you do not timely and validly submit your objection, your views will not be considered by the Court or any court on appeal. Check this website for updates on important dates and deadlines relating to the Settlement.
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you remain a Class Member and do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you do not want to be a part of the Settlement Class. If you exclude yourself, you have no right to object to the Settlement because it no longer affects you.
THE LAWYERS REPRESENTING YOU
The Court has appointed the lawyers listed below to represent you and the Settlement Class in this Action:
Anthony M. Christina
Amanda G. Fiorilla
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 733-7221
These lawyers are called Plaintiff’s Counsel or Class Counsel. Plaintiff’s Counsel may apply to the Court for payment of attorneys’ fees and litigation expenses that will be paid by PrimoHoagies directly, separate from the Settlement Relief. You will not otherwise be charged for Plaintiff’s Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
To date, Plaintiff’s Counsel have not been paid any attorneys’ fees or reimbursed for any out-of-pocket costs. Any attorneys’ fees and litigation expenses will be awarded only as approved by the Court in amounts determined to be fair and reasonable. The Settlement provides that Plaintiff’s Counsel may apply to the Court for an award of attorneys’ fees and litigation expenses to be paid by PrimoHoagies separately from the Settlement Relief. Prior to the Fairness Hearing, Plaintiff’s Counsel will move for an award not to exceed $111,495.09 in attorneys’ fees and litigation expenses. Plaintiff may also seek approval from the Court for an Incentive Award not to exceed $1,000 to be paid by PrimoHoagies separately from the Settlement Relief.
This is only a summary of the request for attorneys’ fees and litigation expenses. Any motions in support of the requests will be available for viewing on the Settlement Website after they are filed by November 24, 2022. If you wish to review the motion papers, you may do so by viewing them on the Important Documents page.
The Court will consider the motion for attorneys’ fees and litigation expenses at or after the Fairness Hearing.
THE COURT’S FAIRNESS HEARING
The Court will hold the Fairness Hearing on March 22, 2023, at 10:00am, at the U.S. District Court for the District of New Jersey, Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Courtroom 3D, Camden, NJ 08101. The Fairness Hearing may be moved to a different date or time without notice to you. Given the current COVID-19 situation, the Fairness Hearing may be conducted remotely. Although you do not need to attend, if you plan to do so, you should check the Settlement Website before making travel plans.
At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider whether to approve the requests for attorneys’ fees and litigation expenses, and any Incentive Awards for Plaintiff. If there are any objections, the Court will consider them at this time. We do not know how long the Fairness Hearing will take or when the Court will make its decision. The Court’s decision may be appealed.
No. Plaintiff’s Counsel will answer any questions the Court may have. You are, however, welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you file and serve your written objection on time, the Court will consider it. You may also hire your own lawyer to attend, but you are not required to do so.
You may ask the Court for permission to speak at the Fairness Hearing. If you want to appear at the Fairness Hearing, you may enter an appearance in the Action at your own expense, individually, or through counsel your own choice, by filing with the Clerk of Court a notice of appearance and your objection, and serving copies of your objection on Plaintiff’s Counsel and PrimoHoagies’s Counsel at the addresses set forth in in question 21, such that they are received no later than November 25, 2022, or as the Court may otherwise direct. Any Class Member who does not enter an appearance will be represented by Plaintiff’s Counsel. You cannot request to speak at the Fairness Hearing by telephone or email.
GETTING MORE INFORMATION
The Court has appointed Angeion Group as the Settlement Administrator. Among other things, the Settlement Administrator is responsible for providing this Notice of the Settlement and processing Claim Forms.
The Notice summarizes the Settlement Agreement. More details are in the Settlement Agreement. You may also call toll-free 1-(877) 844-8211 or write to the Settlement Administrator at: