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In a class action, one or more people called “Class Representative(s)” (in this case, Plaintiffs Stevie Hemphill and Linda Gomez) sue on behalf of a group (or groups) of people who have similar claims. All the people who have similar claims are in a “class” and are “class members,” except for those who exclude themselves from the class. California Superior Court Judge Amy D. Hogue in the Superior Court of California, County of Los Angeles is in charge of this class action.
DSL Extreme denies any wrongdoing and both sides want to avoid the costs of further litigation. The Court has not decided in favor of the Plaintiffs or DSL Extreme. The Class Representatives and their attorneys think the Settlement is best for everyone who is affected. The Settlement provides the opportunity for Settlement Class Members to receive Settlement benefits.
The internet services covered by this Settlement are DSL Extreme’s TrueSTREAM internet services in the following packages only: 768 kbps, 1.5 mb, 3.0 mb, and 6.0 mb.
Unless you exclude yourself from the Settlement, you cannot sue DSL Extreme, continue to sue, or be part of any other lawsuit against DSL Extreme about the Released Claims in this Settlement. Also, if you do not exclude yourself from the Settlement, all of the decisions by the Court will bind you. The full Release set forth in the Settlement Agreement is quoted in the paragraph below. The Release describes exactly the legal claims that you give up if you stay in the Settlement Class. The full Settlement Agreement is available in the important documents section of this website.
Class Members’ Releases and Waivers of Claims. Two hundred seventy (270) calendar days after the Effective Date, for the Class Members’ benefit and for other good and valuable consideration under terms of this Settlement, the receipt and sufficiency of which is hereby acknowledged, all Class Members (including the Class Representatives), and each of their respective present, former, and future spouses, heirs, executors, trustees, guardians, wards, administrators, representatives, agents, attorneys, partners, successors, predecessors, assigns, affiliates, parents, subsidiaries, corporate family members, officers, directors, employees, members, member entities, shareholders, principals, vendors, and insurers, individually, jointly, and severally, and all those acting or purporting to act on their behalf, shall be deemed to fully and forever release, waive, acquit, and discharge Defendants, its insurers, its present, former, and future successors, assigns, affiliates, lenders, equity owners, investors, parents, subsidiaries, and corporate family members, and each of their respective officers, directors, partners, employees, agents, heirs, administrators, executors, members, member entities, shareholders, predecessors, successors, assigns, transferees, representatives, trustees, principals, vendors, attorneys, lenders, equity owners, and investors, individually, jointly, and severally (collectively, “Released Parties”) from any and all claims, demands, damages, accounts, debts, liens, suits, actions, and rights or causes of action that the Settlement Class now has or has had, or hereafter can, shall, or may have arising out of the March 1, 2015 to May 18, 2022 facts alleged in the Action including claims of improper or false advertising, unfair business practices, misrepresentation, fraud, and/or unjust enrichment (“Released Claims”). It is expressly intended and understood by the Parties that this Agreement is to be construed as a complete settlement, accord, and satisfaction of the Class Members’ Released Claims, even if the Class Members never received actual notice of the Settlement prior to the Final Approval Hearing. The terms of said release as set forth above shall be set forth in the Court’s Final Approval Order.
TO BE ELIGIBLE TO RECEIVE A PAYMENT FROM THE SETTLEMENT, YOU MUST COMPLETE AND SUBMIT A TIMELY CLAIM FORM. You can complete and submit your Claim Form online through this website. The Claim Form can be downloaded from the important documents section of this website, as well. You can request a Claim Form to be sent to you by sending a written request to the Settlement Administrator by mail at the below address or email using the contact section of this website.
Payments will be sent to Settlement Class Members who send in valid and timely Claim Forms after the Court grants “Final Approval” to the Settlement and after any and all appeals are resolved. If the Court approves the Settlement after the Final Approval Hearing on April 4, 2023, there may be appeals. If there are appeals, it’s always uncertain whether they can be resolved, and resolving them can take time.
If you are a Settlement Class Member and you do nothing, you will not get a payment from the Settlement. Unless you exclude yourself from the Settlement, you cannot sue DSL Extreme, continue to sue, or be part of any other lawsuit against DSL Extreme about the Released Claims in this Settlement. Also, if you do not exclude yourself from the Settlement, all of the decisions by the Court will bind you. FAQ 10 above quotes the full Release from the Settlement Agreement, which describes exactly the legal claims that you give up if you stay in the Settlement Class. The Settlement Agreement is available in the important documents section of this website.
No. Unless you exclude yourself, you give up any right to sue DSL Extreme for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. If you properly exclude yourself from the Settlement Class, you shall not be bound by any orders or judgments entered in the Action relating to the Settlement Agreement.
No. You will not get any money from the Settlement if you exclude yourself. If you exclude yourself from the Settlement, do not send in a Claim Form asking for benefits.
No. Class Counsel will answer any questions that the Court may have, but you may come at your own expense. If you send a written objection, you do not have to come to Court to talk about it. Regardless of whether the requirements for written objections listed in Section 17 above have been met, the Court will hear from any Settlement Class Member who attends the Final Approval Hearing and asks to speak regarding his or her objection. You may also pay your own lawyer to attend, but it is not necessary.
Yes. The Court will hear from any Settlement Class Member who attends the Final Approval Hearing and asks to speak.
The longstanding face mask mandate in Los Angeles County courthouses was lifted effective April 4, 2022. In alignment with Los Angeles County public health guidance, the use of well-fitting medical masks or respirators inside all Los Angeles County courthouses is strongly recommended. Please visit www.lacourt.org for more information and the latest updates regarding use of face masks in Los Angeles County courthouses.