STATE OF MISSOURI, CIRCUIT COURT OF ST. LOUIS COUNTY

Transcription

1 If you purchased a property located in St. Louis County, Missouri, that was listed for sale by NRT Missouri LLC, and that had a two-story great room or two-story entry foyer, you could get a payment from a class action settlement. A court authorized this notice. This is not a solicitation from a lawyer. The action is pending in the Circuit Court of St. Louis County, Missouri against NRT Missouri LLC and James Dohr (together, Defendants ). NRT Missouri LLC ( NRT Missouri ) does business under the names Coldwell Banker Gundaker and Laura McCarthy Real Estate. People who purchased a residential property for personal, family or household purposes in St. Louis County, Missouri during the time period between June 22, 2007 and June 1, 2017, which, at the time of purchase, was listed for sale by Defendants, doing business as Coldwell Banker Gundaker or Laura McCarthy Real Estate, and which had a two-story great room or two-story entry foyer, are eligible to receive a payment per claim through a proposed class action settlement. SUBMIT A VALID CLAIM FORM BY APRIL 30, 2018 EXCLUDE YOURSELF BY APRIL 24, 2018 OBJECT BY APRIL 24, 2018 GO TO A HEARING ON MAY 29, 2018 DO NOTHING YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT The only way to receive a payment. If the settlement is approved, the payment would be $1,000. Receive no payment. Maintain the right to bring a lawsuit against Defendants regarding the specific claims made in this lawsuit, but at your own expense. Write to the Court about your objections to the settlement. Ask to speak in Court about the fairness of the settlement. Receive no payment. Give up rights. The rights and options and the deadlines to exercise them are explained in this notice. The Court in charge of this case still has to decide whether to approve the settlement. A payment will be made if you submit a valid claim and the Court approves the settlement and after appeals are resolved. Please be patient.

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 1 1. Why did I get this notice? 2. What is this lawsuit about? 3. What is a class action? 4. Why is this lawsuit a class action? 5. Why is there a settlement? WHO IS IN THE SETTLEMENT... PAGE 2 6. How do I know if I am part of the settlement? 7. Help me understand whether I am included. 8. I'm still not sure if I am included. THE SETTLEMENT BENEFITS WHAT YOU GET.... PAGE 3 9. What does the settlement provide? HOW YOU GET A PAYMENT SUBMITTING A CLAIM FORM... PAGE How can I get a payment? 11. When would I get my payment? 12. What am I giving up to get a payment or stay in the Class? YOUR RIGHTS AND OPTIONS... PAGE What happens if I do nothing at all? 14. What happens if I exclude myself? 15. How do I ask to be excluded? THE LAWYERS REPRESENTING YOU.... PAGE Do I have a lawyer in the case? 17. Should I get my own lawyer? 18. How will the lawyers be paid? EXCLUDING YOURSELF FROM THE SETTLEMENT... PAGE How do I get out of the settlement? 20. If I don't exclude myself, can I sue NRT Missouri for the same thing later? 21. If I exclude myself, can I get money from this settlement? OBJECTING TO OR SUPPORTING THE SETTLEMENT... PAGE How do I tell the Court that I either I like the settlement or don't like the settlement? 23. What's the difference between objecting and excluding? THE COURT'S FAIRNESS HEARING... PAGE When and where will the Court decide whether to approve the settlement? 25. Do I have to come to the hearing? 26. May I speak at the hearing? IF YOU DO NOTHING... PAGE What happens if I do nothing at all? GETTING MORE INFORMATION... PAGE Notice pursuant to RSMo. of the Missouri Merchandising Practices Act 29. Are more details available?

3 BASIC INFORMATION 1. Why did I get this notice? The Court sent you this notice because you have the right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves the settlement, and after objections and appeals are resolved, a Claims Administrator appointed by the Court will make the payments that the settlement allows. This document explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the Circuit Court for St. Louis County, Missouri. The case is known as Derek Heckemeyer and Marie Heckemeyer v. NRT Missouri, LLC and James Dohr, Case No. 12SL-CC02376, Division No. 14. You received this notice because you may have purchased a residential property located in St. Louis County, Missouri that was listed for sale by Defendants, doing business as Coldwell Banker Gundaker or Laura McCarthy Real Estate. The settlement of this action will not become effective unless the Court grants approval of the settlement and the settlement becomes final. 2. What is this lawsuit about? This lawsuit claimed that Defendants violated the Missouri Merchandising Practices Act by providing inaccurate information to buyers about the total square footage of residential properties having two-story great rooms or two-story entry foyers that it listed for sale in St. Louis County, Missouri during certain time periods. Defendants defend the claim by stating that they properly disclosed information about total square footage and that buyers were not damaged. 3. What is a class action? In a class action, one or more people called Class Representatives, in this case Derek Heckemeyer and Marie Heckemeyer, sue on behalf of other people with similar claims. These people are called a Class or Class Members. One court resolves the case for all Class Members, except for those who exclude themselves from the Class. 4. Why is this lawsuit a class action? The Court has decided that, for settlement purposes, this lawsuit can move forward as a class action under Missouri Rule of Civil Procedure and Section of the Revised Statutes of Missouri. 5. Why is there a settlement? The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people who are entitled will receive compensation. The Class Representatives have decided the settlement is best for themselves and 1

4 the Class, and the attorneys for the Class Representatives believe the settlement is in the best interests of Class Members. WHO IS IN THE SETTLEMENT To see if you are eligible to receive payment from this settlement, you first have to decide if you are a Class Member. 6. How do I know if I am part of the settlement? The Court decided that everyone who fits the following description is a Class Member: All persons who purchased a residential property for personal, family or household purposes in St. Louis County, Missouri during the time period between June 22, 2007 and June 1, 2017 which, at the time of purchase, was listed for sale by Defendants and which had a two-story great room and/or two-story entry foyer. 7. Help me understand whether I am included. To see if you are a Class Member ask yourself this series of questions: QUESTION YES NO Did you purchase a residential property located in St. Louis County, Missouri that was listed for sale by Defendants? Did you make the purchase between June 22, 2007 and June 1, 2017? Did the property you purchased have a two-story great room or a two-story entry foyer? Continue. Continue. You ARE a class member. You are NOT a Class Member. You are NOT a Class Member. You are NOT a Class Member. 8. I m still not sure if I am included. If you are still not sure whether you are included, you may visit the website, call toll free , or write to Square Footage Settlement, c/o Dahl Administration, P.O. Box 3614, Minneapolis, MN,

5 THE SETTLEMENT BENEFITS - WHAT YOU GET 9. What does the settlement provide? Defendants have agreed to pay $1,000 to each Class Member whose claim is approved by the Claims Administrator upon submission of a completed Claim Form that complies with the instructions set forth in the Claim Form. You may submit a separate Claim Form for each covered purchase transaction in which you were a buyer during the time period between June 22, 2007 and June 1, Defendants also have agreed to submit additional disclosure about the measurement of square footage to the metropolitan area multiple listing service ( MARIS ) when it lists residential properties for sale over the upcoming three-year period. HOW YOU GET A PAYMENT - SUBMITTING A CLAIM FORM 10. How can I get a payment? To qualify for payment, you must send in a Claim Form. A Claim Form is attached to this Notice. You must use the attached Claim Form. You may copy this Claim Form if you are eligible to make more than one claim. (See No. 9 above for more information.) Read the instructions carefully, fill out the form, include information the form asks for, sign it, and mail it postmarked no later than April 30, A Claim Form is complete if all required questions are answered and it is timely postmarked. The Claims Administrator will verify the accuracy of the information and approve the claim for payment if appropriate. 11. When would I get my payment? The Court will hold a hearing on May 29, 2018 to decide whether to approve the settlement. If the Court approves the settlement, after that there may be appeals. If there are no appeals, the settlement payment will be made to those Class Members who have submitted valid claim forms after the time for appeal has passed and the Court s decision becomes final. 12. What am I giving up to get a payment or stay in the Class? Unless you exclude yourself, you remain in the Class, and that means that you can't sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. You will be releasing claims against the Defendants, by operation of law, as described in No. 20. It also means that all of the Court's orders will apply to you and legally bind you. YOUR RIGHTS AND OPTIONS 13. What happens if I do nothing at all? You will receive no payment. By operation of law, however, if the Court approves the settlement, any claims you have will be released and you will be barred from asserting them. 3

6 14. What happens if I exclude myself? You get no payment. You maintain the right to bring a lawsuit against Defendants regarding the claims made in this lawsuit. You may enter an appearance individually or through counsel of your choice. 15. How do I ask to be excluded? To exclude yourself from the settlement you must follow the steps listed at No. 19, below. If you don't want a payment from this settlement, but you want to keep the right to sue or continue to sue Defendants regarding the legal claims in this case, then you must take steps to get out. This is called excluding yourself -- or is sometimes referred to as opting out of the settlement Class. 16. Do I have a lawyer in the case? THE LAWYERS REPRESENTING YOU The Court appointed the law firm of Gray, Ritter & Graham, P.C. and William F. Murphy to represent you as Class Counsel. They are experienced in handling similar cases. Complete contact information for class counsel is at. 17. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you, whether or not you ask to be excluded. If you already have a lawyer or have filed your own lawsuit, you should contact your lawyer about this Notice. 18. How will the lawyers be paid? Class Counsel will ask the Court for attorneys' fees and expenses including Class Representative awards up to $1,025,000. The Court may award less than these amounts. These amounts represent the attorneys fees and class representative awards for the settlement of the lawsuit. If the settlement is approved and becomes final, Defendants will pay the amount of class representative awards, attorneys' fees, costs, and disbursements as the Court may award up to $1,025,000. These amounts will not come out of the funds for payments to Class Members. Defendants will also separately pay the costs to administer the settlement. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don't want to submit a claim and be eligible for a payment from this settlement, but you want to keep the right to sue or continue to sue Defendants regarding the legal claims in this case, then you must take steps to opt out of the settlement Class. 4

7 19. How do I get out of the settlement? To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Heckemeyer v. NRT Missouri, LLC and Dohr. Be sure to include your name, address, telephone number and your signature. You must mail your Statement of Exclusion postmarked no later than April 24, 2018, to: Square Footage Settlement c/o Dahl Administration P.O. Box 3614 Minneapolis, MN You can't exclude yourself on the phone or by . If you mail a Statement of Exclusion, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit, and you may able to sue (or continue to sue) the Defendants in the future. 20. If I don t exclude myself, can I sue the Defendants for the same claims? No. Unless you exclude yourself, you give up the right to sue the Defendants for the claims that this settlement resolves. This lawsuit specifically releases the following claims against NRT Missouri LLC, Coldwell Banker Gundaker, Laura McCarthy Real Estate, James Dohr, and their direct and indirect parents, subsidiaries, affiliates, employees, agents, officers, shareholders, members, partners, representatives, directors, insurers, indemnitors, attorneys, heirs, predecessors, successors, and assigns ( Released Parties ). A Class Member is deemed hereby to have acknowledged satisfaction in full and forever released, relieved, discharged, covenanted not to sue or proceed in any way against, and consents to be enjoined from suing, any of the Released Parties from and for any and all actions, causes of action (in law or equity), suits, claims, contentions, damages, losses, injuries, obligations, liabilities, demands, debts, judgments, costs and expenses (including attorneys' fees), known or unknown, liquidated or unliquidated, absolute or contingent, accrued or not accrued, based on any theory whatsoever, which they have, will have, had, ever had, claim to have, claim to have ever had, or could in the future claim to have, against any of the Released Parties based in whole or in part upon, arising out of, or related in any way to (1) the facts, transactions, occurrences, events, acts, omissions, or failures to act that were alleged in this case; (2) the square footage of the properties listed by the Defendants, doing business as Coldwell Banker Gundaker and Laura McCarthy Real Estate, that they purchased; and (3) the disclosures that Defendants made or failed to make to Class Representatives or Class Members. 5

8 If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue a lawsuit that involves the same legal issues in this case. Remember, the exclusion deadline is April 24, If I exclude myself, can I get money from the settlement? No. If you exclude yourself, do not send in a claim form. But, you may sue or continue to sue regarding the legal claims made in this lawsuit. OBJECTING TO OR SUPPORTING THE SETTLEMENT You can tell the Court that you support the settlement or that you don't agree with the settlement or some part of it. 22. How do I tell the Court that I either like the settlement or don t like the settlement? If you're a Class Member, you can write the Court and state that you approve of the settlement or some part of it. You can also write the Court to object to the settlement if you don't like any part of it. You can give reasons why you think the Court should approve the settlement or not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the proposed settlement in Heckemeyer v. NRT Missouri,LLC and Dohr. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to these three different places postmarked no later than April 24, 2018: COURT CLASS COUNSEL DEFENSE COUNSEL Court Administrator St. Louis County Circuit Court 105 South Central Avenue Clayton, MO Patrick J. Hagerty Gray, Ritter & Graham, P.C. 701 Market Street Suite 800 St. Louis, MO Wendy J. Wildung Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN What is the difference between objecting and excluding? Objecting is formally telling the Court that you disagree with the settlement and that you believe the settlement should be rejected. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. 6

9 THE COURT'S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don't have to. 24. When and where will the Court decide whether to approve the settlement? The Honorable Kristine A. Kerr will hold a Fairness Hearing at 2:00 p.m. on May 29, 2018, in Division 14 of the St. Louis County Government Center, 105 South Central Avenue, Clayton, Missouri At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Kerr will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. If the Court approves the settlement, then payments for approved claims will be mailed to you. If the Court does not approve the settlement, then the parties will continue to litigate the case in Court and prepare for trial. 25. Do I have to come to the hearing? No. Class Counsel will answer questions Judge Kerr may have. But, you are welcome to come at your own expense. If you send an objection, you don't have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it's not necessary. 26. May I speak at the hearing? You may speak at the Fairness Hearing if you wish to support the settlement or oppose the settlement. In order to object to the settlement you must follow the instructions in No. 22. You cannot speak at the hearing if you excluded yourself. IF YOU DO NOTHING 27. What happens if I do nothing at all? If you do nothing, you'll get no money from this settlement. But, unless you exclude yourself, you won t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants about the legal issues in this case, ever again. Please see No. 20 for more information about the claims you are releasing as a class member. 7

10 28. Notice Pursuant to RSMo. of the Missouri Merchandising Practices Act. 1. The Court will exclude any person from the Class who requests exclusion by April 24, The judgment entered in this case, whether favorable or not, will include all members of the Class who do not request exclusion. 3. Any person who requests exclusion from the Class may enter an appearance in this case through such person s counsel. 29. Are there more details available? GETTING MORE INFORMATION This Notice summarizes the proposed settlement. More details are available in a Stipulation of Settlement. You can get a copy of the Stipulation of Settlement by writing to: Square Footage Settlement, c/o Dahl Administration, P.O. Box 3614, Minneapolis, MN, Or visit the website at or call toll free to find more information. DATE: March 8, PLEASE USE THE ATTACHED CLAIM FORM. IF YOU LOSE IT CONTACT THE CLAIMS ADMINISTRATOR. DO NOT CONTACT THE COURT FOR INFORMATION. 8