CIRCUIT COURT OF MULTNOMAH COUNTY, OREGON

Transcription

1 CIRCUIT COURT OF MULTNOMAH COUNTY, OREGON If you were Employed at an Abercrombie & Fitch, abercrombie or Hollister store as a brand representative, hourly stock associate, hourly Impact Team Member, Impact Team Manager, Stock Manager, Manager-In-Training and/or Assistant Manager in Oregon between December 9, 1999 and June 1, 2004, a class action lawsuit may affect your rights. If you were so employed between June 1, 2004 and December 31, 2005, you may be entitled to participate in a settlement even though you are not part of the class. Three former hourly and managerial store employees (Named Plaintiffs) have sued Abercrombie & Fitch Stores, Inc. (an Ohio corporation), alleging that Abercrombie violated certain Oregon state wage and hour laws relating to an employer s requiring its employees to purchase and wear certain specific clothes to work and the purchases thereof reducing employee wages below Oregon s minimum wage. The Court concluded that a Settlement Agreement negotiated by Plaintiffs Counsel and counsel for Abercrombie falls within the range of possible approval and therefore is preliminarily approved as being sufficient to warrant sending the notice to the putative class under ORCP 32. Accordingly, the Court has authorized the dissemination of notice to each brand representative, hourly stock associate, hourly Impact Team Member, Impact Team Manager, Stock Manager, Manager-In- Training and Assistant Manager who worked at one or more Abercrombie & Fitch, abercrombie and/or Hollister stores located in Oregon during the period December 9, 1999 to October 1, 2003 (Class Members) and anyone employed in those positions between October 1, 2003 and June 1, 2004 (Supplemental Class Members). Although they are neither Class Members nor Supplemental Class Members, persons employed in the above positions between June 1, 2004 and December 31, 2005 (Potential Individual Claimants) are afforded the right under the Settlement Agreement to file an Individual Claimant Claim Form as more fully described in this notice. The Court has not found that Abercrombie did anything wrong. It has certified a class for settlement purposes only. The Court has conditionally approved a settlement, and the records of Abercrombie show that you may be entitled to receive notice of the lawsuit and to receive an award under the settlement if you timely present a valid claim. Your legal rights are affected, and you have a choice to make now: YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT (1) SUBMIT A CLASS MEMBER CLAIM FORM AND/OR AN INDIVIDUAL CLAIMANT FORM By submitting a timely Class Member Claim Form and/or an Individual Claimant Form, you will receive money (the method of calculating the amount is set forth in this notice), but you will be opting into the settlement and giving up any rights that you may have to separately sue Abercrombie under state or federal law (these rights are set forth in this notice). (2) DO NOTHING By doing nothing you will not receive any money under the settlement agreement. In addition, if you are a Class Member or Supplemental Class Member, but not if you are a Potential Individual Claimant, you may be giving up some of your rights that you may have to separately sue Abercrombie (these rights are set forth in this notice). (3) ASK TO BE EXCLUDED -- If you ask to be excluded, you will not receive any money. However, you keep any rights to sue Abercrombie separately about the same legal claims in this lawsuit. Your options are explained in this notice. To protect your legal rights, you must act before March 23, Any questions? Read on. WHAT THIS NOTICE CONTAINS PAGE BASIC INFORMATION Why did I get this notice? 2. What is the Litigation about? 3. What is a class action and who is involved? 4. Who are Potential Individual Claimants? THE SETTLEMENT What has Abercrombie agreed to pay? 6. What can I receive? 7. How is the length of my employment with Abercrombie calculated? 8. Do the Class Representatives receive any additional payments? CLAIMING SETTLEMENT FUNDS How do I receive a settlement payment? 10. Can I contact the Settlement Administrator by telephone? 11. What if my address changes before the Settlement Funds are distributed? 1

2 YOUR RELEASE OF CLAIMS Are my legal rights affected if I submit a Class Member Claim Form and/or an Individual Claimant Claim Form? 13. What claims are included in the term Settled Claims? 14. What does this release mean to me? THE LAWYERS REPRESENTING YOU Do I have a lawyer in this case? 16. Can I contact Plaintiffs Counsel? 17. Should I get my own lawyer? 18. How will Plaintiffs Counsel be paid? ALTERNATIVES May I choose not to participate in the settlement? 20. What must the opt-out letter include? 21. May I submit an opt-out request on behalf of others? 22. May I oppose the settlement without opting-out? 23. What does my objection need to include? GETTING MORE INFORMATION Are more details available? 25. Can I examine the Court s file? 26. Can I speak to Class Counsel? 27. Can I speak to the Settlement Administrator? BASIC INFORMATION 1. Why did I get this notice? Abercrombie s records show that you worked for Abercrombie as a brand representative, hourly stock associate, hourly Impact Team Member ( Hourly Associate ), Impact Team Manager, Stock Manager, Manager-In-Training and/or Assistant Manager ( Manager ) at an Abercrombie & Fitch, abercrombie and/or Hollister store located in Oregon during the period December 9, 1999 to October 1, 2003 ( Class Members ) and/or in those positions between October 1, 2003 and June 1, 2004 ( Supplemental Class Members ) and/or in those positions between June 1, 2004 and December 31, 2005 ( Potential Individual Claimants ). This notice explains that the Court has conditionally approved a class action settlement that may affect you. You have legal rights and options that you may exercise. The lawsuit is known as Will Rankin, et al. v. Abercrombie & Fitch Stores, Inc., Circuit Court of Multnomah County, Oregon, No (the Litigation ). 2. What is the Litigation about? The Litigation involves claims under Oregon laws that relate to requiring employees to purchase clothing from employers, the forced purchase of Abercrombie & Fitch, abercrombie and/or Hollister clothing, and the purchase of which may affect payment of minimum wage. The Named Plaintiffs allege that Abercrombie required them to purchase and wear Abercrombie & Fitch, abercrombie and/or Hollister clothing to work, that they were required to wear apparel that did not conform to a general dress code or style, and that these requirements caused their wages to fall below Oregon s minimum wages laws. Abercrombie denies that it engaged in any wrongful conduct or that it violated the law in any way. Abercrombie contends that the claims asserted in the Litigation have no merit and that it would prevail in the Litigation. The parties have agreed to resolve this matter in order to avoid the uncertainty and high cost of litigation. 3. What is a class action and who is involved? In a class action lawsuit, one or more people called Class Representatives (in this case Named Plaintiffs Will Rankin, Chris Masagatani and Kayti Kersten) sue on behalf of other people whom they believe have similar claims. The people together are a Class and here are made up of Class Members and Supplemental Class Members. The employees who sued -- and all the Class Members and Supplemental Class Members -- are called the Plaintiffs. The company they sue (in this case Abercrombie) is called the Defendant. One court resolves the issues for everyone in the Class -- except for those people who choose to exclude themselves from the Class. 4. Who are Potential Individual Claimants? The parties have agreed that persons employed by Abercrombie after June 1, 2004 are not a part of the class. However, those employed in the above described positions between June 1, 2004 and December 31, 2005 will receive an Individual Claimant Claim Form. THE SETTLEMENT 5. What has Abercrombie agreed to pay? Abercrombie has agreed to pay money to settle the Litigation. If you participate in the settlement, you will receive a payment based upon a formula developed by the Plaintiffs Counsel and accepted by Abercrombie and described below. 2

3 6. What can I receive? The Plaintiffs Counsel have assessed the likelihood of successfully pursuing the Litigation. They believe that the length of employment should affect the amount you receive. Defendant believes it would prevail on all claims. If the Judge approves the settlement, all Class Members and/or Supplemental Class Members who timely file a valid Class Member Claim Form ( Participating Class Members ) and all Potential Individual Claimants who timely file a valid Individual Claimant Claim Form ( Participating Individual Claimants ) shall receive a settlement check as follows: a. For each of those employed by Defendant in Oregon between December 9, 1999 and June 1, 2004 as an Hourly Associate: $65 cash to each of those Hourly Associates who worked from 0-3 months, and an additional $65 for any three months of employment or portion thereof worked thereafter, as calculated in accordance with the terms of the Settlement Agreement; b. For each of those employed by Defendant in Oregon between December 9, 1999 and June 1, 2004, as a Manager: $50 cash to each of those Managers who worked from 0-3 months, and an additional $50 for every three months of employment or portion thereof worked thereafter, as calculated in accordance with the terms of the Settlement Agreement; c. For each of those employed by Defendant in Oregon between June 1, 2004 and December 31, 2005, as an Hourly Associate: $65 cash to each of those Hourly Associates who worked from 0-3 months, and an additional $65 for every three months of employment or portion thereof worked thereafter as calculated in accordance with the terms of the Settlement Agreement; d. For each of those employed by Defendant in Oregon between June 1, 2004 and December 31, 2005, as a Manager: $50 cash to each of those Managers who worked from 0-3 months, and an additional $50 for every three months of employment or portion thereof worked thereafter, as calculated in accordance with the terms of the Settlement Agreement; 7. How is the length of my employment with Abercrombie calculated? Your length of employment will be determined based on the following: a. The class period is from December 9, 1999 to June 1, In or about September 2003, Abercrombie revised its Appearance/Look Policy to make it more clear that Abercrombie s employees were not required to purchase and wear Abercrombie s clothing, and Abercrombie asserts that this revised Policy was implemented and disseminated by on or about October 1, In addition, Abercrombie prepared an Acknowledgement Form, to be signed by all associates, specifically acknowledging that associates were not required to purchase or wear Abercrombie s clothing. Abercrombie also modified its Associate Purchase Log, signed by associates at the time of purchase, to state that any purchase of clothing by an associate was strictly voluntary. Abercrombie asserts these revisions and forms were implemented by on or about October 1, 2003 throughout Oregon Abercrombie & Fitch, abercrombie, and Hollister stores. Named Plaintiffs assert that some Hourly Associates and Managers in Oregon contend that, notwithstanding the above, they were required by individual Store Managers or District Managers to purchase and wear Abercrombie clothing to work subsequent to October 1, 2003 until approximately June 1, 2004, and that such associates should be included in this settlement and benefit from the settlement as Supplemental Class Members if they timely sign and submit the supplemental portion of the Class Member Claim Form as provided herein, and that such associates employed by Abercrombie after June 1, 2004 should not be included as Class Members or Supplemental Class Members. b. Named Plaintiffs further assert that there are some Hourly Associates and Managers who were employed in those positions between June 1, 2004 and December 31, 2005, and even with the full roll-out of the revised policy and forms, still were required by individual Store Managers or District Managers to purchase and wear Abercrombie clothing to work, and that those purchases reduced their wages below minimum wage. Abercrombie strongly disagrees that it has such a policy, or that such a policy is being conveyed or enforced by anyone, including its Store Managers and District Managers. The Parties have agreed that Hourly Associates and Managers employed between June 1, 2004 and December 31, 2005, although not a part of the Class, will be mailed this Mail Notice, and will be offered the opportunity to submit an Individual Claimant Claim Form, requiring detailed information on, among other things, those persons who forced them to purchase and wear Abercrombie clothes in violation of Abercrombie s clear policy, and that those purchases reduced their wages below minimum wage. If timely filed and valid, they will participate in the settlement. Any Potential Individual Claimant who does not timely file such a claim form will not be eligible to participate in the settlement and will not be bound thereby and will not have her/his rights affected by the settlement. c. In determining duration of employment of an associate, Abercrombie will determine from its paycheck records, between the dates of December 9, 1999 and June 4, 2004 and separately between June 4, 2004 and January 13, 2006, the dates of the first and last paychecks for the associate. The period of employment will be deemed to be the entire period between the dates of the first and last checks, except that, if during that period, an associate did not receive a paycheck for 90 consecutive days or longer, then that 90 consecutive days or longer period will be excluded from 3

4 the period an associate is deemed to have been employed. As an example, if an associate s first paycheck was dated July 1, 2002 and last paycheck was June 30, 2003, but for 120 consecutive days during that period the associate did not receive a paycheck, then the total period of employment will be deemed to be 8 months. Abercrombie s paycheck records will conclusively determine the period of employment. 8. Do the Class Representatives receive any additional payments? In addition to a settlement payment paid pursuant to the formula set forth above, the Plaintiffs Counsel will request that the Court authorize a payment of $1,500 to each of the Named Plaintiffs by Abercrombie in recognition of their service as class representatives. Abercrombie has agreed to pay up to that sum to the Named Plaintiffs. 9. How do I receive a settlement payment? CLAIMING SETTLEMENT FUNDS a. The Class Member Claim Form and, if you were employed between June 1, 2004 and December 31, 2005, the Individual Claimant Claim Form, accompanies this Notice. IN ORDER TO OBTAIN YOUR PORTION OF THE SETTLEMENT FUNDS, YOU MUST TIMELY COMPLETE THE CLASS MEMBER CLAIM FORM AND/OR INDIVIDUAL CLAIMANT CLAIM FORM AND MAIL IT TO THE SETTLEMENT ADMINISTRATOR, POSTMARKED NO LATER THAN MARCH 23, IF YOU WORKED BEFORE AND AFTER OCTOBER 1, 2003, AND YOU WISH TO MAKE A CLAIM FOR THE ENTIRE PERIOD YOU WERE EMPLOYED, YOU MUST TIMELY COMPLETE BOTH SECTIONS OF THE CLASS MEMBER CLAIM FORM. IF YOU WORKED BEFORE AND AFTER JUNE 1, 2004 AND YOU WISH TO MAKE A CLAIM FOR THE ENTIRE PERIOD, YOU MUST TIMELY COMPLETE AND MAIL BOTH THE CLASS MEMBER CLAIM FORM AND THE INDIVIDUAL CLAIMANT CLAIM FORM. FAILURE TO TIMELY SUBMIT THE CLASS MEMBER CLAIM FORM AND/OR INDIVIDUAL CLAIMANT CLAIM FORM WILL RESULT IN YOUR BEING INELIGIBLE TO RECEIVE A SETTLEMENT PAYMENT FOR THE PERIOD COVERED THEREBY. b. If Abercrombie s records indicate you were employed only before June 1, 2004, you will receive the Class Member Claim Form only. If those records indicate you were employed only after June 1, 2004, you will receive the Individual Claimant Claim Form only. If those records indicate you were employed both before and after June 1, 2004, you will receive both the Class Member Claim Form and Individual Claimant Claim Form. If you receive both, and you want to be eligible to receive a payment based on the entire period you were employed, both before and after June 1, 2004, you must fill out, sign and return both the Class Member Claim Form and the Individual Claimant Claim Form. However, please note that, by completing and signing the Individual Claimant Claim Form, you must verify under penalty of perjury detailed information regarding those persons who required you to purchase and wear Abercrombie clothes to work in violation of Abercrombie s clear policy, and that the accuracy of the information you provide may be subject to further inquiry of you by the Settlement Administrator. 10. Can I contact the Settlement Administrator by telephone? For more complete details about the Litigation and the proposed settlement, you may TELEPHONE the Settlement Administrator, toll free, at (888) What if my address changes before the Settlement Funds are distributed? If you change your address, or if this Notice was not mailed to your correct address, you should immediately provide your current address to the Settlement Administrator by letter or telephone to ensure that you receive future communications about the Litigation. If the Settlement Administrator does not have your correct address, you might not receive notice of important developments in the Litigation and you might not receive your settlement payment. YOUR RELEASE OF CLAIMS If you either submit a Class Member Claim Form or do nothing, your legal rights may be affected if the Court approves the settlement. 12. Are my legal rights affected if I submit a Class Member Claim Form and/or an Individual Claimant Claim Form? Under the Settlement, the Named Plaintiffs and any Participating Class Members and Participating Individual Claimants agree to: (1) DISMISS WITH PREJUDICE THE SETTLED CLAIMS (AS DEFINED BELOW); (2) RELEASE AND FOREVER DISCHARGE ABERCROMBIE (AND ANY OF ITS AFFILIATED COMPANIES) FROM LIABILITY ON THE SETTLED CLAIMS; (3) BE FOREVER BARRED AND ENJOINED FROM INSTITUTING OR FURTHER PROSECUTING, IN ANY FORUM WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY STATE, FEDERAL OR FOREIGN COURT OR REGULATORY AGENCY, ANY OF THE SETTLED CLAIMS. More specifically, the Named Plaintiffs and any Participating Class Member and Participating Individual Claimant agree to fully, finally and forever release, settle, compromise, relinquish, and discharge Abercrombie and any entities or person in any way involved in the policies, customs and/or practices of Abercrombie at any of their Abercrombie & Fitch, abercrombie and/or Hollister stores which form the basis for the Settled Claims (the Released Parties ). 13. What claims are included in the term Settled Claims? Settled Claims means and includes any and all claims, demands, actions, causes of action, rights, offsets, suits, damages (whether 4

5 general, special, punitive, or multiple), lawsuits, liens, costs, losses, expenses, penalties or liabilities of any kind whatsoever, for any relief whatsoever, including monetary, injunctive or declaratory relief, or for reimbursement of attorneys fees, costs or expenses, whether known or unknown, whether direct or indirect (whether by assignment or otherwise), arising between December 9, 1999 and June 1, 2004, and as to Participating Individual Claimants arising between June 1, 2004 and December 31, 2005, under the laws of Oregon, whether alleged or not alleged in the Litigation, whether suspected or unsuspected, whether contingent or vested, which any of the Named Plaintiffs or any Plaintiff Class Member, Plaintiff Supplemental Class Member, Participating Class Member, or Participating Individual Claimant have had, now have, or may have in the future against the Released Parties or any of them, which were or could have been raised in the Litigation and which arise out of or are related in any way to any claim that they, or any of them, were required to purchase their clothing from any of the Released Parties operating Abercrombie & Fitch, abercrombie or Hollister stores, that they were required as a condition of employment to wear such clothes during work hours and/or that these requirements caused their wages to fall below the rate set by Oregon s Minimum Wage Act, ORS et seq., including specifically ORS , any claims of violation of OAR , and any similar laws, or any other similar claim, including but not limited to any claims under ORS and ORS , any claim of violation of the obligation of the Released Parties to make wage payments on termination under ORS , and/or , or rules or regulations promulgated by the Commissioner of Labor and Industries under ORS , any Oregon consumer protection statute, unfair trade practice statute, or any other similar common law or statutory law or regulation; and as to Named Plaintiffs, Participating Class Members, and Participating Individual Claimants, any such claim or similar claim arising under the federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. The extent and scope of the release of Settled Claims under Oregon law as to Plaintiff Class Members and Plaintiff Supplemental Class Members who fail to timely file a Class Member Claim Form shall be as broad as permissible under Oregon law. 14. What does this release mean to me? This release means that you could not bring a lawsuit against Abercrombie or any affiliated companies, or any of the Released Parties, for any reason relating to the Settled Claims. You would still be able to enforce your rights under the Settlement Agreement, if necessary. 15. Dismissal of litigation. If the Court approves the Settlement Agreement, the claims of all Plaintiff Class Members and Plaintiff Supplemental Class Members who failed to submit timely a Class Member Claim Form and/or Supplemental Class Member Claim Form will be dismissed without prejudice to the right to maintain an individual action, but not a class action. Such Plaintiff Class Members and Plaintiff Supplemental Class Members will be otherwise bound, to the extent permitted by Oregon law, by the Settlement Agreement and its terms. In all other respects, this Litigation, including all individual and Class claims resolved in it, will be dismissed on the merits and with prejudice against the Named Plaintiffs and all other Plaintiff Class Members, Plaintiff Supplemental Class Members and Participating Individual Claimants. THE LAWYERS REPRESENTING YOU 16. Do I have a lawyer in this case? The Court decided that Stephen P. Connor and Anne-Marie E. Sargent (and the law firm Connor & Sargent, PLLC) and John J. Dunbar (and the law firm Ball Janik LLP) are qualified to represent you and all Class Members, Supplemental Class Members, and Potential Individual Claimants. Together these lawyers are called Plaintiffs Counsel. They are experienced in handling similar cases. 17. Can I contact Plaintiffs Counsel? You may WRITE to or the Plaintiffs Counsel: Stephen P. Connor and Anne-Marie E. Sargent, Connor & Sargent, PLLC, 999 Third Avenue, Suite 4200, Seattle, WA ; aes@consarlaw.com. PLEASE DO NOT CALL CLASS COUNSEL. 18. Should I get my own lawyer? You do not need to hire your own lawyer because Plaintiffs Counsel are working on your behalf. 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 Plaintiffs Counsel to speak for you. 19. How will the Plaintiffs Counsel be paid? The Parties agree Plaintiffs Counsel are entitled to receive from Defendant attorneys fees and actual out-of-pocket costs paid by Plaintiffs Counsel, as awarded by the Court. The Parties do not agree on the amount of attorneys fees that should be awarded by the Court. Plaintiffs Counsel assert they have signed contingent fee agreements with Named Plaintiffs, and the amount of fees should be determined by application of the contingent fee agreements. Defendant believes that the amount awarded should be calculated by multiplying the Plaintiffs Counsel s hourly rates, as disclosed by Plaintiffs Counsel to Defendant, by the hours they expended in pursuing the litigation. The parties will present their positions on the issue to the Court, and the Court shall include in the Final Order Approving Settlement an amount it deems proper as an award of fees and costs to Plaintiffs Counsel to be paid by Defendant. The award of fees and costs is in addition to the Settlement Payments to be paid to Participating Class Members and it will not be deducted from the Settlement Funds. 5

6 ALTERNATIVES You have alternatives to submitting a claim form and accepting the Settlement Payment. 20. May I choose not to participate in the settlement? Yes, you may CHOOSE NOT TO BE A MEMBER of the Class. To do so, you must follow the procedure below to exclude yourself from the Class, that is opt-out, if you do not wish to be a member of the class. If you opt-out, you will not receive any of the benefits under the settlement, but your rights, if any, to sue the Released Persons on the Settled Claims will not be barred by the settlement. If you decide to opt-out, you must send a letter saying so to the SETTLEMENT ADMINISTRATOR FOR ABERCROMBIE & FITCH STORES, INC. LITIGATION, c/o THE GARDEN CITY GROUP, INC., P.O. BOX 91187, SEATTLE, WASHINGTON You must also send a copy of the letter to Plaintiffs Counsel, Anne-Marie E. Sargent, Connor & Sargent, PLLC, 999 Third Avenue, Suite 4200, Seattle, WA , and to the Abercrombie Defendant s Counsel, Sandra J. Anderson, Vorys, Sater, Seymour and Pease LLP, P. O. Box 1008, Columbus, OH For Potential Individual Claimants (those employed between June 1, 2004 and December 31, 2005), you will not participate in the settlement and you will not be bound by the settlement unless you timely file an Individual Claimant Claim Form. If you do nothing, you will not participate. 21. What must the opt-out letter include? The opt-out letter must (a) contain a reference to Will Rankin, et al. v. Abercrombie & Fitch Stores, Inc., Circuit Court of Multnomah County, Oregon, No ; (b) include the name, address, telephone number, Social Security number, and approximate dates of employment of the person seeking to be excluded; (c) include a statement that the person wishes to be excluded from the class; (d) be signed personally by the person who seeks to be excluded from the class; and (e) be postmarked by March 6, May I submit an opt-out request on behalf of others? No Class Member or Supplemental Class Member may opt out by having a request to opt out submitted by an actual or purported agent or attorney acting on his or her behalf. No opt out request may be made on behalf of a group of members of the Class. 23. May I oppose the settlement without opting-out? Yes, you may OPPOSE OR OBJECT to the proposed settlement of the Litigation or any aspect of it that you think is unfair. The Court will hold a hearing on June 7, 2007 at 1:15 p.m. to determine whether the proposed settlement of the Litigation should be approved. Each Class Member and/or Supplemental Class Member who wishes to object to the fairness, reasonableness or adequacy of the Settlement Agreement or the proposed settlement, or to the award of Attorneys Fees and Expenses or any incentive awards to Class Representatives, shall provide to Class Counsel and Defendant s Counsel and file with the Court, so as to be postmarked no later than March 6, 2007, a written statement of the objection, as well as the specific reasons, if any, for each objection, including any legal support he or she wishes to bring to the Court s attention and any evidence he or she wishes to introduce in support of his or her objections. The address for the Court is: Clerk of Courts, Multnomah County Courthouse, 1021 S.W. 4th Avenue, Portland, Oregon What does my objection need to include? All written objections must be signed by the Class Member and/or Supplemental Class Member and must include: (1) their name, address and telephone number; (2) a statement of the objection(s) and any supporting evidence he or she wishes to introduce; and (3) the case name and number of the Litigation. GETTING MORE INFORMATION 25. Are more details available? Yes, if you believe that you need more details in order to make a decision, you have several alternatives. See questions 26, 27 and 28 below. 26. Can I examine the Court s file? Yes, you may EXAMINE THE COURT S FILE in the clerk s office at the Multnomah County Courthouse, 1021 S.W. 4th Avenue, Portland, Oregon Can I speak to Class Counsel? Yes, for more complete details about the Litigation and the proposed settlement, you may WRITE to or the Class Counsel: Stephen P. Connor and Anne-Marie E. Sargent, Connor & Sargent, PLLC, 999 Third Avenue, Suite 4200, Seattle, WA ; aes@consarlaw.com. PLEASE DO NOT CALL CLASS COUNSEL. 28. Can I speak to the Settlement Administrator? Yes, for more complete details about the Litigation and the proposed settlement, you may TELEPHONE the Settlement Administrator, toll free, at (888) HONORABLE KRISTENA LAMAR 6