Case 1:19-cv-05487-WFK-ST Document 32-6 Filed 12/21/20 Page 1 of 5 PageID #: 724
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
JULIANNE HEIGL, individually, and for all others similarly situated, Civil Action No.: 19-cv-05487- WFK-ST Plaintiff, DECLARATION OF v. SETTLEMENT ADMINISTRATOR WASTE MANAGEMENT OF NEW YORK, LLC, Defendants.
I, Michael E. Hamer, hereby declare as follows:
1. I am a Project Manager for Heffler Claims Group, LLC (“Heffler”). Our business
address is 1515 Market Street, Suite 1700, Philadelphia, PA 19102. Our main telephone number
is (215) 665-8870. I am over twenty-one years of age and am authorized to make this Declaration
on behalf of Heffler and myself. This Declaration is based upon my personal knowledge as well
as information provided to me by my associates and staff.
2. I submit this Declaration to demonstrate Heffler’s compliance with regard to the
notification duties required of the Settlement Administrator as required by the Settlement
Agreement (“the Agreement”) and this Court’s “Order Granting Preliminary Approval of Class
Action Settlement Agreement, Conditionally Certifying Settlement Class, Appointing Class
Representative, Appointing Class Counsel, and Approving Notice Plan” dated August 27, 2020
(Document 27) (“the Preliminary Approval Order”).
3. Heffler was appointed as Settlement Administrator to provide notification and
administration services in the above-captioned matter, including: (a) sending notice of the
proposed settlement to the Attorney General of the United States and to the state and territory
Civil Action No. 1:19-cv-05487-WFK-ST DECLARATION OF SETTLEMENT ADMINISTRATOR 1 Case 1:19-cv-05487-WFK-ST Document 32-6 Filed 12/21/20 Page 2 of 5 PageID #: 725
Attorneys General; (b) confirming or updating addresses for the List of Potential Class Members
(“the Class List”) eligible to participate in the Settlement; (c) preparing, printing and mailing of
the Notice to persons on the Class List; (d) logging and seeking new addresses for Class Members
and re-mailing the Notice to them if the original Notice was returned as undeliverable; (e) tracking
of written Requests for Exclusion; (f) collecting and administration of claims submitted; and (f)
such other tasks as Counsel mutually agree or the Court orders or requests Heffler to perform.
4. Heffler opened and uses the post office box address of: Heigl v. Waste
Management, c/o Settlement Administrator, P.O. Box 7767, Philadelphia, PA 19101-7767 (“the
Settlement P.O. Box”) to receive Requests for Exclusion, undeliverable Class Notices, submitted
paper Claim Forms, inquiries, and other communications about the Settlement. Heffler set up
and monitors the toll-free telephone number 1-844-271-4789 and the website
www.wastemanagementpaperbillingsettlement.com (“the Settlement Website”), as listed in the
Class Notice, email Class Notice and the Published Notice, for Class Members to contact us with
questions and/or to obtain more information.
5. On behalf of the Defendant, Heffler provided notice of the proposed settlement
reflected in the Settlement Agreement pursuant to the Class Action Fairness Act 28 U.S.C.
§1715(b) (“the CAFA Notice”). At Defense Counsel’s direction, Heffler sent the CAFA Notice,
attached hereto as Exhibit A, and an accompanying CD containing the documents required under
28 U.S.C. §1715(b)(1)-(8) to the Attorney General of the United States, to the 56 state and
territory Attorneys General identified in the Service List of the CAFA Notice, attached hereto as
Exhibit B, via First-Class Certified Mail, on August 20, 2020.
6. On September 2, 2020, Heffler set up, activated and continues to maintain, the toll-
free telephone number 1-844-271-4789 with an Interactive Voice Response (IVR) system,
Civil Action No. 1:19-cv-05487-WFK-ST DECLARATION OF SETTLEMENT ADMINISTRATOR 2 Case 1:19-cv-05487-WFK-ST Document 32-6 Filed 12/21/20 Page 3 of 5 PageID #: 726
allowing callers access to recorded, general information about the Settlement and the ability to
transfer to a live agent. As of the date of this Declaration, the toll-free telephone system has
logged a total of 487 calls representing a total of 1,232 IVR minutes.
7. On September 24, 2020 Heffler established and activated the Settlement Website
that provides an explanation of the Settlement and important dates; allows for online Claim Form
submission; and posts copies of: (i) the Preliminarily Approval Order; (ii) the Settlement
Agreement; (iii) the Long-Form Class Notice; (iv) the Claim Form; and (v) other pertinent
documents in .pdf format. Additionally, Class Counsel’s Application for Attorneys’ Fees, Costs,
Expenses, and Incentive Award was posted to the Settlement Website on October 23, 2020 – the
same day it was filed. Potential Class Members who learn of the Settlement through any means
are able to obtain copies of these documents through the Settlement Website, 24 hours per day,
even if they had not directly received a Class Notice by mail. The Settlement Website continues
to be fully operational and fully functional.
8. Heffler received the Class List, which contained the names, mailing addresses (if
available) of 89,720 Class Members, and de-duplicated them based on name and address resulting
in 62,106 Active Account Class Members and 27,204 Closed Account Class Members. These
89,310 Class Members with addresses were processed, standardized and updated utilizing the
National Change of Address Database (“NCOA”) maintained by the U.S. Postal Service
(“USPS”). The NCOA contains change of address notifications filed with the USPS. In the event
an individual had filed a USPS change of address notification, the address listed with NCOA was
used in connection with the mailing of the mailed Class Notice (“NCOA Processing”).
9. On September 24, 2020 Class Notices were printed and mailed to the 89,310 Class
Members contained in the Class List via postage prepaid, first-class U.S. Mail, as follows:
Civil Action No. 1:19-cv-05487-WFK-ST DECLARATION OF SETTLEMENT ADMINISTRATOR 3 Case 1:19-cv-05487-WFK-ST Document 32-6 Filed 12/21/20 Page 4 of 5 PageID #: 727
a. 62,106 were mailed to Active Account Class Members; and b. 27,204 were mailed Closed Account Class Members. 10. As of the date of this Declaration, a total of 2,225 of the 89,310 mailed Class
Notices were returned by the USPS as undeliverable. Of these: (a) a total of 929 were returned
with forwarding addresses noted and were promptly re-mailed to those Class Members via
postage prepaid, first-class U.S. Mail; and (b) a total of 1,296 were returned without a forwarding
address, and Heffler researched the names and addresses through LexisNexis. Class Notices were
printed and mailed to the 693 for which an updated address was so obtained, and 70 of these were
returned as undeliverable without a forwarding address. Those for which an updated address was
not obtained through LexisNexis (or were returned by the USPS as undeliverable after LexisNexis
research) are deemed “unlocatable” and no further processing was performed. A copy of each of
the Class Notices are attached hereto as Exhibit C.
11. Thus, as of the date of this Declaration, 88,637 Settlement Class Members were
mailed a Notice that was not ultimately returned as undeliverable, representing 99.25% of total
Settlement Class Members.
12. Heffler is responsible for receipt and logging of all written Requests for Exclusion
(“opt-out”) from the Settlement. Pursuant to the Preliminary Approval Order, Requests for
Exclusion are to be postmarked no later than November 6, 2020. As of the date of this
Declaration, Heffler has received and logged a total of one (1) Request for Exclusion from a
purported Class Member. A copy of this Request is attached hereto as Exhibit D.
13. The Notices also informed recipients that any Class Member who wished to object
to the proposed Settlement could file a written objection with the Court, postmarked on or before
November 6, 2020. As of the date of this Declaration, Heffler has not received and is not aware
Civil Action No. 1:19-cv-05487-WFK-ST DECLARATION OF SETTLEMENT ADMINISTRATOR 4 Case 1:19-cv-05487-WFK-ST Document 32-6 Filed 12/21/20 Page 5 of 5 PageID #: 728
of any objections to the proposed Settlement.
14. The Notices also informed recipients that Class Members with an Active Waste
Management Account would automatically receive a credit to their Waste Management Account,
while Class Members with a Closed Waste Management Account could submit a Claim Form,
either electronically via the Settlement Website or by mail to Heffler. The deadline to submit a
Claim Form is February 20, 2021. As of the date of this Declaration, Heffler has received and
logged a total of 5,745 Claim Forms, as follows: (a) 981 Claim Forms filed online through the
Settlement Website; and (b) 4,764 filed on paper and received through the U.S. Mail.
I declare under penalty of perjury under the laws of the Commonwealth of Pennsylvania
and the United States that the foregoing is true and correct. Executed this 16th day of December,
in Springfield, Pennsylvania.
Civil Action No. 1:19-cv-05487-WFK-ST DECLARATION OF SETTLEMENT ADMINISTRATOR 5 Case 1:19-cv-05487-WFK-ST Document 32-7 Filed 12/21/20 Page 1 of 4 PageID #: 729
EXHIBIT A Case 1:19-cv-05487-WFK-ST Document 32-7 Filed 12/21/20 Page 2 of 4 PageID #: 730
99 GARNSEY ROAD PITTSFORD, NEW YORK 14534 585.419.8800
PHILIP G. SPELLANE MEMBER DIRECT: 585.419.8638 FAX: 585.419.8801 [email protected]
08/20/2020
VIA FIRST CLASS CERTIFIED MAIL RRR
To: All “Appropriate” Federal and State Officials Per 28 U.S.C. § 1715 (see attached distribution list)
Re: CAFA Notice for the Proposed Settlement in Heigl v. Waste Management of New York, LLC, Case No. 1:19-cv-05487-WFK-ST in the United States District Court for the Eastern District of New York.
Ladies and Gentlemen:
Pursuant to Section 3 of the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715, Defendant Waste Management of New York, LLC. (“Defendant” or “Waste Management”) hereby notifies you of the proposed settlement of the above-captioned action (the “Action”) currently pending in the United States District Court for the Eastern District of New York (the “Court”).
28 U.S.C. § 1715(b) lists eight items that must be provided to you in connection with any proposed class action settlement. Each of these items is addressed below:
1. 28 U.S.C. § 1715 (b)(l) - a copy of the complaint and any materials filed with the complaint and any amended complaints.
The Class Action Complaint is provided in electronic form on the enclosed CD as Exhibit A, respectively.
2. 28 U.S.C. § 1715 (b)(2) - notice of any scheduled judicial hearing in the class action.
On August 13, 2020, Plaintiff filed a motion for preliminary approval of the class action. The motion hearing will be held on August 27, 2020. A Final Approval Hearing date has not been set. A copy of the Motion for Preliminary Approval and Proposed Preliminary Approval Order is provided in electronic form on the enclosed CD as Exhibit B and B1, respectively. Case 1:19-cv-05487-WFK-ST Document 32-7 Filed 12/21/20 Page 3 of 4 PageID #: 731
August 20, 2020 Page 2
3. 28 U.S.C. § 1715(b)(3) - any proposed or final notification to Class Members.
A copy of the proposed Postcard Notice and Long-Form Notice of Settlement that will be provided to Class Members by first-class mail and that will be available on the website created for the administration of this matter are provided in electronic form on the enclosed CD as Exhibit C and C1, respectively. The Notices describe among other things, claim submission and the Class Members’ rights to object or exclude themselves from the Class.
4. 28 U.S.C. § 1715(b)(4) - any proposed or final class action settlement.
The Settlement Agreement is provided in electronic form on the enclosed CD as Exhibit D.
5. 28 U.S.C. § 1715(b)(5) - any settlement or other agreement contemporaneously made between class counsel and counsel for defendants.
There are no other settlements or other agreements between Class Counsel and counsel for Defendants beyond what is set forth in the Agreement.
6. 28 U.S.C. § 1715(b)(6) - any final judgment or notice of dismissal.
The Court has not yet entered a final judgment or notice of dismissal. Accordingly, no such document is presently available.
7. 28 U.S.C. § 1715(b)(7) – (A) If feasible, the names of class members who reside in each State and the estimated proportionate share of the claims of such members to the entire settlement to that State’s appropriate State official; or (B) if the provision of the information under subparagraph (A) is not feasible, a reasonable estimate of the number of class members residing in each State and the estimated proportionate share of the claims of such members to the entire settlement.
The definition of the class in the proposed Settlement Agreement means all of Waste Management’s residential subscription customers with a New York mailing address who from September 27, 2016 and through the date of the August 27, 2020 were charged and paid Waste Management Administrative Charge. All class members received services from Defendant at addresses in the State of New York. However, approximately 1.8 percent of class members maintain billing addresses with Defendant in various states. A spreadsheet of class members with service and billing addresses is attached as Exhibit E.
8. 28 U.S.C. § 1715(b)(8) - any written judicial opinion relating to the materials described in 28 U.S.C. § 1715(b) subparagraphs (3) through (6). Case 1:19-cv-05487-WFK-ST Document 32-7 Filed 12/21/20 Page 4 of 4 PageID #: 732
August 20, 2020 Page 3
There has been no written judicial opinion. Accordingly, no such document is presently available.
If you have any questions about this notice, the Action, or the enclosed materials, please contact the undersigned counsel for Defendant listed below.
Sincerely,
Philip G. Spellane Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 1 of 8 PageID #: 733
EXHIBIT B Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 2 of 8 PageID #: 734
SERVICE LIST FOR CAFA NOTICE
U.S. Attorney General William Barr Attorney General 950 Pennsylvania Avenue Washington, DC 20530-0001
Alabama Attorney General Steve Marshall 501 Washington Avenue P.O. Box 300152 Montgomery, AL 36104
Alaska Attorney General Kevin Clarkson 1031 W. 4th Avenue, Suite 200 Anchorage, AK 99501-1994
American Samoa Attorney General Mitzie Jessop Tassae American Samoa Gov’t, Exec. Ofc. Bldg, Utulei, Territory of American Samoa Pago Pago, AS 96799
Arizona Attorney General Mark Brnovich 2005 N Central Ave Phoenix, AZ 85004-2926
Arkansas Attorney General Leslie Rutledge 323 Center St., Suite 200 Little Rock, AR 72201-2610
California Attorney General Xavier Becerra 1300 I Street, Ste 1740 Sacramento, CA 95814-2919
Colorado Attorney General Phil Weiser Ralph L. Carr Judicial Building 1300 Broadway, 10th Floor Denver, CO 80203
Connecticut Attorney General William Tong 55 Elm St. Hartford, CT 06106 Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 3 of 8 PageID #: 735
Delaware Attorney General Kathy Jennings Carvel State Building 820 N. French St., Wilmington, DE 19801
Acting District of Columbia Attorney General Karl Racine 441 4th Street, NW, Suite 1100 South Washington, DC 20001
Florida Attorney General Ashley Moody PL-01 The Capitol Tallahassee, FL 32399-1050
Georgia Attorney General Chris Carr 40 Capitol Square, SW Atlanta, GA 30334-1300
Guam Attorney General Leevin Taitano Camacho Office of the Attorney General, ITC Building 590 S. Marine Corps Dr, Ste. 901 Tamuning, Guam 96913
Hawaii Attorney General Clare Connors 425 Queen St. Honolulu, HI 96813
Idaho Attorney General Lawrence Wasden 700 W. Jefferson Street P.O. Box 83720 Boise, ID 83720-0010
Illinois Attorney General Kwame Raoul James R. Thompson Ctr. 100 W. Randolph St. Chicago, IL 60601
Indiana Attorney General Curtis Hill Indiana Government Center South – 5th Floor 302 West Washington Street Indianapolis, IN 46204 Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 4 of 8 PageID #: 736
Iowa Attorney General Tom Miller Hoover State Office Building 1305 E. Walnut Street Des Moines, IA 50319
Kansas Attorney General Derek Schmidt 120 S.W. 10th Ave., 2nd Fl. Topeka, KS 66612-1597
Kentucky Attorney General Daniel Cameron 700 Capitol Avenue, Suite 118 Frankfort, KY 40601
Louisiana Attorney General Jeff Landry P.O. Box 94005 Baton Rouge, LA 70804-4095
Maine Attorney General Aaron Frey 6 State House Station Augusta, ME 04333
Maryland Attorney General Brian Frosh 200 St. Paul Place Baltimore, MD 21202-2202
Massachusetts Attorney General Maura Healey 1 Ashburton Place, 20th Floor Boston, MA 02108-1698
Michigan Attorney General Dana Nessel 525 W. Ottawa St. P.O. Box 30212 Lansing, MI 48909-0212
Minnesota Attorney General Keith Ellison 445 Minnesota Street, Suite 1400 St. Paul, MN 55101
Mississippi Attorney General Lynn Fitch P.O. Box 220 Jackson, MS 39205 Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 5 of 8 PageID #: 737
Missouri Attorney General Eric Schmitt Supreme Ct. Bldg. 207 W. High St., P.O. Box 899 Jefferson City, MO 65102
Montana Attorney General Tim Fox 215 N. Sanders Street Helena, MT 59620-1401
Nebraska Attorney General Doug Peterson 2115 State Capitol, P.O. Box 98920 Lincoln, NE 68509-8920
Nevada Attorney General Aaron Ford 100 N. Carson St. Carson City, NV 89701
New Hampshire Attorney General Gordon MacDonald 33 Capitol St. Concord, NH 03301
New Jersey Attorney General Gurbir S. Grewal Richard J. Hughes Justice Complex 25 Market Street, P.O. Box 080 Trenton, NJ 08625-0080
New Mexico Attorney General Hector Balderas 408 Galisteo Street Villagra Building Santa Fe, NM 87501
New York Attorney General Letitia James Office of the Attorney General The Capitol Albany, NY 12224
North Carolina Attorney General Josh Stein 9001 Mail Service Center Raleigh, NC 27699-9001 Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 6 of 8 PageID #: 738
North Dakota Attorney General Wayne Stenehjem 600 E. Boulevard Ave. Dept. 125 Bismarck, ND 58505-0040
Northern Mariana Islands Attorney General Edward Manibusan Caller Box 10007 Saipan, MP 96950-8907
Ohio Attorney General Dave Yost 30 E. Broad St., 14th Floor Columbus, OH 43215
Oklahoma Attorney General Mike Hunter 313 NE 21st Street Oklahoma City, OK 73105
Oregon Attorney General Ellen F. Rosenblum 1162 Court St., NE Salem, OR 97301-4096
Pennsylvania Attorney General Josh Shapiro 16th Floor Strawberry Square Harrisburg, PA 17120
Puerto Rico Attorney General Dennise N. Longo Quinones P.O. Box 902192 San Juan, PR 00902-0192
Rhode Island Attorney General Peter Neronha 150 S. Main St. Providence, RI 02903
South Carolina Attorney General Alan McCrory Wilson Rembert Dennis Building 1000 Assembly Street, Room 519 Columbia, SC 29201
South Dakota Attorney General Jason Ravnsborg 1302 East Highway 14, Suite 1 Pierre, SD 57501-8501 Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 7 of 8 PageID #: 739
Tennessee Attorney General Herbert H. Slatery, III P.O. Box 20207 Nashville, TN 37202-0207
Texas Attorney General Ken Paxton P.O. Box 12548 Austin, TX 78711-2548
Utah Attorney General Sean Reyes 350 North State Street, Suite 230 Salt Lake City, UT 84114-2320
Vermont Attorney General TJ Donovan 109 State St. Montpelier, VT 05609-1001
Virgin Islands Attorney General Nominee Denise George 34-38 Kronprindsens Gade GERS Building, 2nd Floor St. Thomas, VI 00802
Virginia Attorney General Mark Herring 202 North Ninth Street Richmond, VA 23219
Washington Attorney General Bob Ferguson 1125 Washington St. SE P.O. Box 40100 Olympia, WA 98504-0100
West Virginia Attorney General Patrick Morrisey State Capitol, Bldg. 1, Room E-26 Charleston, WV 25305
Wisconsin Attorney General Josh Kaul Wisconsin Department of Justice State Capitol, Room 114 East P.O. Box 7857 Madison, WI 53707-7857 Case 1:19-cv-05487-WFK-ST Document 32-8 Filed 12/21/20 Page 8 of 8 PageID #: 740
Wyoming Attorney General Bridget Hill Kendrick Building 2320 Capitol Avenue Cheyenne, WY 82002 Case 1:19-cv-05487-WFK-ST Document 32-9 Filed 12/21/20 Page 1 of 7 PageID #: 741
EXHIBIT C FIRST-CLASS MAIL Case 1:19-cv-05487-WFK-STCOURT AUTHORIZED NOTICE OF CLASS Document Heigl v. 32-9 Waste Management Filed 12/21/20 Page 2 of 7 PageID #: 742 P.O. Box 7767 U.S. POSTAGE PAID ACTION AND PROPOSED SETTLEMENT Philadelphia, PA 19101-7767 CITY, ST PERMIT NO. XXXX
OUR RECORDS INDICATE YOU WERE Postal Service: Please do not mark barcode CHARGED AND PAID AN <
[[POSTAL CODE AREA]] A settlement has been reached in a class action lawsuit claiming that Defendant, Waste Management of New York, LLC (“Waste Management”), unlawfully charged its Case 1:19-cv-05487-WFK-STcustomers an Administrative Charge to cover the costs Document of generating paper invoices 32-9 and processing Filed payments 12/21/20 by mail. Waste ManagementPage 3denies of the 7 claims PageID in the #: 743 lawsuit and contends that it did not do anything wrong and denies that class certification is warranted or appropriate. The Court did not resolve the claims and defenses raised in this action. Nor has the Court determined that Waste Management did anything wrong or that this matter should be certified as a class action except if the Settlement is fully approved by the Court. The parties have agreed to settle the dispute to avoid the cost and risk of a trial. Am I a Class Member? Our records indicate that you have an active residential account with Waste Management and may be a Class Member. Class Members are persons with a New York mailing address who from September 27, 2016 to and through August 27, 2020 were charged and paid an Administrative Charge(s). What Can I Get? If approved by the Court, a Settlement Fund in the total amount of $2,700,000.00 will be established to pay all claims to the Settlement Class, including all notice and administration expenses, approved attorneys’ fees and costs, and an incentive award to the named plaintiff. Once the Settlement becomes Final, and as long as you don’t exclude yourself from the Settlement Class, you will receive a pro rata share of the Settlement Fund via a credit to your account, which pro rata share will be based on the total amount of Administrative Charges you paid via your account. How Do I Get a Payment? Because you have an active residential account with Waste Management, you will automatically receive a pro rata share of the Settlement Fund via a credit to your account, so long as you do not request to be excluded from the Settlement Class. If you close your Waste Management account after August 27, 2020, then you will receive a pro rata share of the Settlement Fund in the form of a check issued to you, rather than via a credit to the account. What are My Other Options? You may exclude yourself from the Settlement Class by sending a letter to the Settlement Administrator, postmarked no later than November 6, 2020. If you exclude yourself, you cannot get a settlement payment, but you keep any rights you may have to sue Waste Management over the legal issues in the lawsuit. If you don’t exclude yourself from the Settlement Class, then you and/or your lawyer also have the right to appear before the Court, at your own cost, to object to the proposed settlement, if you wish to do so, but you don’t have to. Your written objection must be filed and postmarked no later than November 6, 2020. Specific instructions about how to object to, or exclude yourself from, the Settlement are available at www.WasteManagementPaperBillingSettlement.com. If you do nothing, and the Court approves the Settlement, you will be bound by all of the Court’s orders and judgments, and your claims relating to the fees charged by Waste Management will be released. Who Represents Me? The Court has appointed Bursor & Fisher, P.A. to represent the class. These attorneys are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense. When Will the Court Consider the Proposed Settlement? The Court will hold the Final Approval Hearing at 2:00 p.m. on January 6, 2021 at the Theodore Roosevelt Federal Courthouse, Courtroom N504, 225 Cadman Plaza East, Brooklyn, NY 11201. At that hearing, the Court will: hear any objections concerning the fairness of the Settlement; determine the fairness of the Settlement; decide whether to approve Class Counsel’s request for attorneys’ fees and costs; and decide whether to award the Class Representative up to $5,000 from the Settlement Fund for her services in helping to bring and settle this case. Waste Management has agreed that Class Counsel may be paid attorneys’ fees out of the Settlement Fund in an amount to be determined by the Court. Class Counsel is entitled to seek no more than one-third of the Settlement Fund but the Court may award less than this amount. How Do I Get More Information? This is only a summary. For more information, including the full Notice, Claim Form and Settlement Agreement go to: www.WasteManagementPaperBillingSettlement.com, contact the Settlement Administrator at 1-844-271-4789 or Heigl v. Waste Management, c/o Settlement Administrator, PO Box 7767, Philadelphia, PA 19101-7767 or call Class Counsel at 646-837-7150.
Case 1:19-cv-05487-WFK-ST Document 32-9 Filed 12/21/20 Page 4 of 7 PageID #: F744IRST-CLASS MAIL Heigl v. Waste Management U.S. POSTAGE PAID COURT AUTHORIZED NOTICE OF CLASS PO Box 7767 CITY, ST ACTION AND PROPOSED SETTLEMENT Philadelphia, PA 19101-7767 PERMIT NO. XXXX
OUR RECORDS INDICATE YOU WERE CHARGED AND PAID AN ADMINISTRATIVE CHARGE BY WASTE MANAGEMENT. YOU Postal Service: Please do not mark barcode MAY BE ENTITLED TO A <
A settlement hasCase been reached 1:19-cv-05487-WFK-ST in a class action lawsuit claiming that Document Defendant, Waste 32-9 Management Filed of New12/21/20 York, LLC (“Waste Page Management”), 5 of 7 PageID unlawfully #: charged 745 its customers an additional fee to cover the costs of generating paper invoices and processing payments by mail. Waste Management denies the claims in the lawsuit and contends that it did not do anything wrong and denies that class certification is warranted or appropriate. The Court did not resolve the claims and defenses raised in this action. Nor has the Court determined that Waste Management did anything wrong or that this matter should be certified as a class action except if the Settlement is fully approved by the Court. The parties have agreed to settle the dispute to avoid the cost and risk of a trial.
Am I a Class Member? Our records indicate that you formerly had a residential account with Waste Management and may be a Class Member. Class Members are persons with a New York mailing address who from September 27, 2016 to and through August 27, 2020 were charged and paid an Administrative Charge(s).
What Can I Get? If approved by the Court, a Settlement Fund in the total amount of $2,700,000.00 will be established to pay all claims to the Settlement Class, including all notice and administration expenses, approved attorneys’ fees and costs, and an incentive award to the named plaintiff. You must submit a claim to receive apro rata share of the Settlement Fund, which pro rata share will be based on the total amount of Administrative Charges you paid via your account.
How Do I Get a Payment? You must submit a timely and properly completed Claim Form, postmarked no later than February 20, 2021. You may use the Claim Form attached to this Notice or you can submit one online at www.WasteManagementPaperBillingSettlement.com.
What are My Other Options? You may exclude yourself from the Class by sending a letter to the Settlement Administrator, postmarked no later than November 6, 2020. If you exclude yourself, you cannot get a settlement payment, but you keep any rights you may have to sue Waste Management over the legal issues in the lawsuit. If you don’t exclude yourself from the Settlement Class, then you and/or your lawyer also have the right to appear before the Court, at your own cost, to object to the proposed settlement, if you wish to do so, but you don’t have to. Your written objection must be filed and postmarked no later than November 6, 2020. Specific instructions about how to object to, or exclude yourself from, the Settlement are available at www.WasteManagementPaperBillingSettlement.com. You may also choose to do nothing, in which case you will not receive any benefits from the settlement, but will still give up certain rights to sue or bring claims againstWaste Management. If you file a claim or do nothing, and the Court approves the Settlement, you will be bound by all of the Court’s orders and judgments, and your claims relating to the fees charged by Waste Management will be released.
Who Represents Me? The Court has appointed Bursor & Fisher, P.A. to represent the class. These attorneys are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
When Will the Court Consider the Proposed Settlement? The Court will hold the Final Approval Hearing at 2:00p.m. on January 6, 2021 at the Theodore Roosevelt Federal Courthouse, Courtroom N504, 225 Cadman Plaza East, Brooklyn, NY 11201. At that hearing, the Court will: hear any objections concerning the fairness of the Settlement; determine the fairness of the Settlement; decide whether to approve Class Counsel’s request for attorneys’ fees and costs; and decide whether to award the Class Representative up to $5,000 from the Settlement Fund for her services in helping to bring and settle this case. Waste Management has agreed that Class Counsel may be paid attorneys’ fees out of the Settlement Fund in an amount to be determined by the Court. Class Counsel is entitled to seek no more than one-third of the Settlement Fund but the Court may award less than this amount.
How Do I Get More Information? This is only a summary. For more information, including the full Notice, Claim Form and Settlement Agreement go to: www.WasteManagementPaperBillingSettlement.com, contact the Settlement Administrator at 1-844-271-4789 or Heigl v. Waste Management, c/o Settlement Administrator, PO Box 7767, Philadelphia, PA 19101-7767, or call Class Counsel at 646-837-7150. Please do not telephone the Court to inquire about the settlement or the claims process. Case 1:19-cv-05487-WFK-ST Document 32-9 Filed 12/21/20 Page 6 of 7 PageID #: 746
Case 1:19-cv-05487-WFK-ST Document 32-9 Filed 12/21/20 Page 7 of 7 PageID #: 747 <
Instructions: Fill out each section of this form and sign where indicated. If different than the preprinted data on the left, please print your correct information:
Class Member ID: <
Property Address:______Property City: ______Property State: ______Property Zipcode: ______
Email Address (optional): ______@______
Contact Phone #: ( ______) ______– ______(You may be contacted if further information is required.) Class Member Verification: By submitting this Claim Form and checking the boxes below, I declare that I believe I am a member of the Settlement Class and that the following statements are true (each box must be checked to receive a payment): □ I had a residential Waste Management account with a New York mailing address between September 27, 2016 and August 27, 2020, and was charged and paid an Administrative Charge(s). □ I have not filed an Opt-Out or requested to be excluded from this Settlement. □ I have not submitted any other Claim for the same account and have not authorized any other person or entity to do so, and know of no other person or entity having done so on my behalf. If I maintained account(s) jointly with any other person or entity, only one Claim has or will be submitted per account. □ Under penalty of perjury, all information in this Claim Form is true and correct to the best of my knowledge and belief.
Signature: ______Print Name: ______Date: ______/ ______/ ______
Before you complete and submit this Claim Form by mail or online, you should read and be familiar with the information contained in this notice and available at: www.WasteManagementPaperBillingSettlement.com. The Settlement Administrator will review your Claim Form; you may be required to submit additional documentation to validate your claim. If accepted, you will be mailed a check for a pro rata share of the Settlement Fund depending on the total amount of service charges you paid via your Waste Management account. This process takes time, please be patient. Questions? Visit www.WasteManagementPaperBillingSettlement.com or call 1-844-271-4789. Case 1:19-cv-05487-WFK-ST Document 32-10 Filed 12/21/20 Page 1 of 3 PageID #: 748
EXHIBIT D Case 1:19-cv-05487-WFK-ST Document 32-10 Filed 12/21/20 Page 2 of 3 PageID #: 749 Case 1:19-cv-05487-WFK-ST Document 32-10 Filed 12/21/20 Page 3 of 3 PageID #: 750