IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AMY SILVIS, on behalf of herself and all others similarly situated, Plaintiff, vs. 2:14-cv CLASS ACTION AMBIT NORTHEAST, LLC Defendant. If You Were Enrolled in the Select Variable Plan for Electricity with Ambit Northeast, LLC in the Commonwealth of Pennsylvania Between January 1, 2011, and February 22, 2018, You Could Be Affected by a Proposed Class Action Settlement A federal court authorized this Notice. It is not a solicitation from a lawyer or claims filing service. This Notice is to inform you of a proposed Settlement of a class action lawsuit pending against Ambit Northeast, LLC. As described below, this class action lawsuit is brought on behalf of all persons in the Commonwealth of Pennsylvania who were enrolled as a customer of Ambit Northeast, LLC and were on the Select Variable Plan during the Class Period. Ambit Northeast, LLC s records indicate that you may be a member of the Settlement Class. This Notice affects your legal rights and is given to you pursuant to Rule 23 of the Federal Rules of Civil Procedure. Please read this document carefully. Your legal rights and options, and the deadlines to exercise them, are explained in this Notice. YOU ARE NOT BEING SUED. THIS NOTICE IS TO ADVISE YOU OF YOUR LEGAL RIGHTS IN CONNECTION WITH THE PROPOSED SETTLEMENT OF A CLASS ACTION LAWSUIT. SUMMARY OF THIS LAWSUIT This class action lawsuit is pending in the United States District Court for the Eastern District of Pennsylvania (the "Court"). It was commenced by Amy Silvis on behalf of herself and all persons in the Commonwealth of Pennsylvania with similar claims. The person who sued, Ms. Silvis, is called the Plaintiff, and the company she sued, Ambit Northeast, LLC, is called the Defendant.

2 The lawsuit alleges that Defendant distributed a Disclosure Statement to Pennsylvania electricity consumers on its Select Variable Plan that limited Defendant's right to vary its electricity rates, and that Defendant breached its contract with those Pennsylvania consumers by varying its electricity rates in additional ways. The lawsuit seeks money damages and declaratory relief. Defendant has denied all of the allegations and claims and has asserted various defenses to the claims. The Court has not made any decision on the merits of Plaintiff s claims or allegations. Instead, both sides agreed to the Settlement. That way, they avoid the cost and risk of a trial, and the class members affected will get compensation. The class representative and class counsel think that the Settlement is the best result for all class members. The proposed Settlement does not mean that any law was violated or that Defendant did anything wrong. This Notice is not an expression of any opinion by the Court as to the merits of any of the claims or defenses asserted by either side in this lawsuit. Rather the sole purpose of this Notice is to (i) inform you that this lawsuit is pending; (ii) inform you that the Court has certified the lawsuit to proceed as a class action for purposes of the Settlement; (iii) advise you that the parties have reached agreement on the Settlement and explain the terms of the Settlement and how you can make a claim for recovery under the Settlement; and (iv) advise you of your rights with respect to the Settlement. DEFINITION OF THE CLASS To see if you are affected by the Settlement, you must determine if you are a class member. The Court has decided that, for purposes of the Settlement, the Settlement Class is: All persons in the Commonwealth of Pennsylvania who were enrolled as a customer of Defendant and were on Defendant s Select Variable Plan at any time from January 1, 2011 through February 22, Excluded from the Settlement Class are: Defendant, any entities in which it has a controlling interest, and any of their parents, subsidiaries, affiliates, officers, directors, employees, and members of such person s immediate family; the presiding judge(s) in this case and their immediate family; and any person who has previously released claims against Defendant. In a class action, one or more persons are appointed to serve as the "Class Representative" to represent the interests of all persons with similar claims. In this case, the Court has appointed Amy Silvis to serve as the Class Representative. The Court also appointed Jonathan Shub of the firm Kohn Swift & Graf, P.C. and Troy M. Frederick of the firm Marcus & Mack, PC. to serve as "Class Counsel" for the Settlement Class. If you are not sure if you are a class member, you can ask for free help by contacting Class Counsel through the contact information provided below or by visiting the website or calling the number listed at the bottom of each page of this Notice.

3 SUMMARY OF THE PROPOSED SETTLEMENT Under the Settlement, Ambit Northeast, LLC has agreed to pay Eligible Class Members as follows: Each Eligible Class Member with a date of enrollment as Defendant s customer from January 1, 2011, through January 12, 2014, and who was on Defendant s Select Variable Plan at any time, will receive a check in the amount of 15% of all amounts paid to Defendant by such Eligible Class Member only for Time Periods during which such Eligible Class Member was on the Select Variable Plan. Each Eligible Class Member with a date of enrollment as Defendant s customer from January 13, 2014 through February 22, 2018, and who was on Defendant s Select Variable Plan at any time, will receive a check in the amount of 2% of all amounts paid to Defendant by such Eligible Class Member only for the Time Periods during which such Eligible Class Member was on the Select Variable Plan. If you are a Settlement Class member and do not exclude yourself from the Settlement, you may be eligible to receive the payment set forth above. To qualify for payment, you must send in a Claim Form, which is enclosed with this Notice and available at Please read and follow the instructions carefully. You must fill out the Claim Form and all the information the Claim Form asks for. Be sure to sign it and mail it by first-class mail postmarked no later than May 4, 2018 to the address below, or submit the Claim Form online at If the Court approves the Settlement, payments will be distributed at a later date to each class member who submitted a valid and timely claim. In exchange for the consideration provided, the Settlement provides that there will be a general and broad release of all claims by Settlement Class members against Ambit Northeast, LLC, and all of its current and former parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of their respective, current, and former officers, directors, partners, owners, employees, agents, attorneys, and insurers. The Released Claims are further described in II J of the Settlement Agreement, available at YOUR RIGHTS AS A CLASS MEMBER 1. You may have been enrolled as a customer with Ambit Northeast, LLC and on the Select Variable Plan at any time during the period from and including January 1, 2011 through February 22, The Court authorized and directed that this Notice be sent to you because, as a possible member of the Settlement Class, you have a right to know about the proposed Settlement in this class action lawsuit and about all your options before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the proposed Settlement, and your legal rights. 2. To remain a member of the Settlement Class, you do not have to file any document with the Court or take any other action at this time. However, if you do not want to participate in this Settlement and you want to keep the right to sue Defendant about the legal issues in this class action lawsuit or if you do not want to sue or be in a lawsuit against the Defendant, then you must

4 take steps to exclude yourself from the proposed Settlement. This is sometimes called asking to opt out of the Settlement Class. Unless you exclude yourself or opt out of the Settlement Class, you are staying in the Settlement Class and in the Settlement, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendant or any other Released Persons about the legal issues resolved and released in this Settlement. It also means that all of the Court s orders will apply to you and legally bind you. 3. If you remain a member of the Settlement Class, to qualify for payment, you must send in the fully-completed Claim Form provided with this Notice by U.S. Mail or electronically submit a Claim Form at on or before May 4, If you do not return a timely and properly-completed Claim Form, you will not receive any money from the Settlement. 4. If you exclude yourself, or opt out, you cannot object to the proposed Settlement, and you will not receive any money from the Settlement. If you ask to be excluded, however, you may sue or be part of a different lawsuit against Defendant. If you exclude yourself, you will not be bound by anything that happens in this lawsuit. Unless you exclude yourself, however, you give up the right to sue Defendant and the Released Persons for all of the Released Claims that the proposed Settlement resolves and will be bound by the release. If you have a pending lawsuit against Defendant, speak to your lawyer in that case immediately. 5. To exclude yourself from the proposed Settlement, you must send a letter saying that you want to be excluded from the Settlement. You must include: (1) your full name, current address, and telephone number; (2) the case name: Silvis v. Ambit Northeast, LLC, No. 2:14-CV ER (E.D. Pa.); (3) a statement that you want to be excluded from the Settlement; (4) the time period during which you purchased electricity supplied by Defendant (to the extent you can identify it); and (5) your signature and the date signed. To be considered valid, your opt out notice must set forth all of this information and must be timely received. You must mail copies of this letter postmarked by May 4, 2018 to the following address by U.S. Mail: SETTLEMENT ADMINISTRATOR CLASS ACTION OPT OUT ATTN: Silvis v Ambit PO BOX Philadelphia, PA You cannot ask to be excluded on the phone, by , or on the internet. 6. Unless you decide to exclude yourself from the Settlement Class or obtain your own lawyer, you will be represented by Class Counsel. You will not personally have to pay Class Counsel any attorneys fees, costs, or expenses for their professional services. Defendant has agreed to pay attorneys fees, costs, and expenses in an amount to be awarded by the Court, up to $1,450,000. The Court may award less than that amount. Any fees, costs, and expenses awarded to Class Counsel will not reduce the amount of settlement benefits available to the Settlement Class. If you want to be represented by your own lawyer and have that lawyer appear in Court for you concerning the Settlement, you may hire one at your own expense.

5 7. If you are a member of the Settlement Class and you disagree with any aspect of the Settlement and you do not opt out, then you may object to the proposed Settlement in writing. You can give reasons for your objections. The Court will consider your views, but the Settlement may still be approved in spite of your objections. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the proposed Settlement. If the Court denies approval of the proposed Settlement, no settlement payments will be made and the lawsuit will continue. If that is the result you desire, you must object. 8. To object, you must send a letter to the Court. The letter must: (1) be clearly marked as your Written Objections to Settlement Agreement ; (2) include the case name: Silvis v. Ambit Northeast, LLC, Civil Action No. 2:14-CV ER (E.D. Pa.); (3) state your full name, address, and telephone number; (4) state the time period during which you purchased electricity from Defendant (to the extent you can identify it); (5) briefly explain to which part(s) of the Settlement you object and why; (6) include copies of any papers that support your objections; (7) if you want to be heard at the Final Approval Hearing (explained in more detail below), state that you intend to appear at the Final Approval Hearing; and (8) be signed and dated by you. To be considered a valid objection, your letter must set forth all of this information and must be timely received. 9. All written objections must be filed with the Court by mailing them to the Court at the address listed below by U.S. Mail, postmarked by May 4, 2018, or by filing them in person with the Court at the address listed below on or before May 4, COURT Clerk of the Court United States District Court, Eastern District of Pennsylvania James A. Byrne U.S. Courthouse 601 Market Street Philadelphia, PA You also must mail copies of the objection to both of the following attorneys, postmarked by May 4, CLASS COUNSEL Jonathan Shub Kohn Swift & Graf, P.C. One South Broad Street Suite 2100 Philadelphia, PA DEFENDANT S COUNSEL Nicole L. Williams Thompson & Knight LLP One Arts Plaza 1722 Routh Street, Suite 1500 Dallas, TX Members of the Settlement Class who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be entitled to be heard at the Final Approval Hearing.

6 FINAL APPROVAL HEARING 1. The Court will hold a Final Approval Hearing (also known as a Fairness Hearing ) at 2:00 p.m. on August 8, 2018 in Courtroom 15A of the United States District Court for the Eastern District of Pennsylvania, James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA The hearing may be moved to a different date or time without additional notice, so you should check the settlement website at before making travel plans. At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court also will consider Class Counsels request for up to $1,450,000 in attorneys fees, costs, and expenses, and a proposed incentive award of $5,000 for Amy Silvis in recognition of her time and energy devoted to serving and representing the Settlement Class. If there are objections to the proposed Settlement, the Court will consider them. 2. You do not need to attend the Final Approval Hearing. Class Counsel will be prepared to answer any questions the Court may have regarding the Settlement Class s position regarding the settlement. However, you are welcome to attend the Final Approval Hearing, either in person or through your own attorney, at your own expense. If you send a written objection to the Court, you do not have to come to the Final Approval Hearing to explain. As long as you submitted your written objection on time as set out in this Notice, the Court will consider it. You may have your own lawyer attend the Final Approval Hearing (at your own expense), but it is not required. 3. You may ask the Court for permission to speak at the Final Approval Hearing. For you or your personal lawyer to speak at the Final Approval Hearing, you must submit a written objection to the Settlement (as described above) and that written objection must state that you intend to appear at the Final Approval Hearing. The Court will decide if you will be allowed to speak at the Final Approval Hearing. ADDITIONAL INFORMATION 1. This Notice summarizes the Settlement. More details are in the Settlement Agreement. For the precise terms and conditions of the settlement, please read the Settlement Agreement. You can get a copy of the Settlement Agreement at by calling the Settlement Administrator at and requesting a paper copy, by accessing the Court docket in this case through the Court s Public Access to Court Electronic Records (PACER) system at or by visiting the office of the Clerk of the Court for the United States District Court for the Eastern District of Pennsylvania, James A. Byrne Courthouse, 601 Market Street, Room 2609, Philadelphia, PA 19106, between 8:30 a.m. and 5:00 p.m., Monday through Friday, excluding Court holidays. 2. Class Counsel will file a motion for final approval of the Settlement and a motion for approval of attorneys fees and expenses and the award to Amy Silvis, which will contain additional information. The motion for approval of attorneys fees is currently due to be filed by April 13, 2018, and the motion for final approval is currently due to be filed by July 9, These documents will be available at by accessing PACER at

7 or by visiting the office of the Clerk of the Court for the United States District Court for the Eastern District of Pennsylvania, James A. Byrne Courthouse, 601 Market Street, Room 2609, Philadelphia, PA 19106, between 8:30 a.m. and 5:00 p.m., Monday through Friday, excluding Court holidays. 3. If you have questions or want more information, you may visit the official settlement website at contact the Settlement Administrator tollfree at ; or contact Class Counsel at the address listed above or by telephone. Phone calls to Class Counsel Jonathan Shub of Kohn, Swift & Graf, P.C. can be made by dialing (215) Phone calls to Class Counsel Troy M. Frederick of Marcus & Mach, P.C. can be made by dialing (724) PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS. Dated: March 15, 2018 By the Clerk Kate Bartman Clerk, United States District Court Eastern District of Pennsylvania James A. Byrne Courthouse 601 Market Street, Room 2609 Philadelphia, PA 19106