Notice of Class Action Settlement - District of Columbia

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

IF YOU [________________________________], A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.

The Superior Court of the District of Columbia authorized this Notice. This is not a solicitation from a lawyer. You are not being sued.

Please read this Notice carefully. Your legal rights are affected whether or not you act.

CASE IDENTIFICATION

SUMMARY OF YOUR RIGHTS AND KEY DEADLINES

I. WHY DID YOU GET THIS NOTICE?

Records indicate you may be a member of a class affected by a proposed settlement of the lawsuit identified above. This Notice explains the lawsuit, the proposed Settlement, your rights and options, and the deadlines to act. The Court has directed that this Notice be given after finding it likely able to approve the Settlement and certify the Class for judgment. The Court has not yet decided whether to grant final approval.

II. WHAT IS THIS LAWSUIT ABOUT?

The person(s) who sued are the "Class Representative(s)" or "Plaintiff(s)." The party sued, [DEFENDANT NAME], is the "Defendant."

Plaintiff alleges that Defendant [________________________________]. Specifically:

☐ [________________________________]

☐ [________________________________]

☐ [________________________________]

Defendant denies the claims and denies any wrongdoing or liability. The Court has not decided who is right. The parties agreed to settle to avoid the cost, risk, and delay of continued litigation.

III. THE PROPOSED SETTLEMENT

A. Who Is in the Class

The Court has [conditionally / for settlement purposes] certified the following Settlement Class:

Settlement Class: All persons [in the District of Columbia / nationwide] who [________________________________] during the period from [__/__/____] through [__/__/____] (the "Class Period").

Excluded from the Class: Defendant and its officers, directors, employees, and affiliates; the judicial officers assigned to this case and their immediate families and staff; all persons who timely and validly exclude themselves; and [________________________________].

B. Settlement Benefits

• Monetary relief: [$[________________________________] Settlement Fund / up to $[________________________________] per Class Member / [________________________________]].
• Non-monetary / prospective relief: [________________________________].
• Estimated individual recovery: approximately $[________________________________] per eligible Class Member (subject to the number of valid claims).

C. The Release — What You Give Up

If the Settlement is approved and becomes final, Class Members who do not exclude themselves release Defendant from the claims described in the Settlement Agreement. You generally give up the right to sue Defendant for [________________________________]. The exact released claims are stated in the Settlement Agreement, available at [________________________________].

IV. YOUR OPTIONS AND DEADLINES

Option 1 — Submit a Claim (if required)

[If a claim is required:] Submit a Claim Form online at [________________________________] or by mail to the Settlement Administrator, postmarked by [__/__/____].

☐ Complete the Claim Form
☐ Attach any required proof: [________________________________]
☐ Sign and submit by the deadline

[If no claim is required:] No action is needed to receive your benefit if the Settlement is approved.

Option 2 — Exclude Yourself (Opt Out)

To keep your right to sue Defendant on your own, send a written exclusion request to the Settlement Administrator including:

1. Your name, address, and telephone number;
2. The case name and number;
3. A clear statement that you want to be excluded from the Settlement Class; and
4. Your signature.

Settlement Administrator
[________________________________]
[________________________________]

Your exclusion request must be postmarked by [__/__/____]. If you exclude yourself, you receive no benefit and are not bound by the judgment.

Option 3 — Object to the Settlement

If you are a Class Member and do not exclude yourself, you may object. Under D.C. Super. Ct. Civ. R. 23(e)(5)(A), the objection must state whether it applies only to the objector, to a subset of the class, or to the entire class, and must state the grounds with specificity. Include:

1. Your name, address, telephone number, and signature;
2. The case name and number;
3. A statement that you are a Class Member;
4. The specific grounds for the objection and any supporting materials; and
5. Whether you (or your attorney) intend to appear at the Fairness Hearing.

File the objection with the Clerk of the Superior Court (Civil Division) and serve copies on Class Counsel and Defendant's Counsel (Section VI), filed/postmarked by [__/__/____].

Note: Under D.C. Super. Ct. Civ. R. 23(e)(5)(B), no payment or consideration may be provided in connection with withdrawing an objection or abandoning an appeal without the Court's approval after a hearing.

V. THE FAIRNESS HEARING

The Court will hold a Fairness Hearing to decide whether the Settlement is fair, reasonable, and adequate under D.C. Super. Ct. Civ. R. 23(e)(2) and whether to grant final approval, and to consider Class Counsel's request for attorney fees and any service award.

You are not required to attend; you may attend at your own expense. If you filed a timely objection and asked to be heard, you may request to speak. The date may change without further notice; check [________________________________] for updates.

VI. CLASS COUNSEL AND ATTORNEY FEES

The Court has appointed the following as Class Counsel:

[________________________________]
[Firm Name]
[Address]
Telephone: [________________________________] (D.C. Bar No. [________])
Email: [________________________________]

Class Counsel will ask the Court to approve attorney fees of up to $[________________________________] [or up to [____]% of the Settlement Fund], plus litigation costs up to $[________________________________], and a service award up to $[________________________________] to each Class Representative. The Court will decide the amounts. You may hire your own lawyer at your own expense.

Defendant's Counsel: [________________________________], [Address].

VII. HOW TO GET MORE INFORMATION

• Settlement Website: [________________________________]
• Toll-Free Telephone: [________________________________]
• Mail: Settlement Administrator, [________________________________]
• Court file: Review the papers at the Office of the Clerk, Superior Court of the District of Columbia, Civil Division, 500 Indiana Avenue, N.W., Washington, D.C. 20001.

Please do not contact the Court or the Clerk with questions about the Settlement.

DATED: [__/__/____]

BY ORDER OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

District of Columbia Practice Notes

• Governing rule. Class actions in the Superior Court of the District of Columbia are governed by D.C. Superior Court Civil Rule 23, which is identical to Federal Rule of Civil Procedure 23 (including the 2007/2009 and 2018 amendments), with one local exception: section (f) — appeals of orders granting or denying class certification — is governed by D.C. Code § 11-721(d) and the D.C. Court of Appeals rules, not the federal Rule 23(f) mechanism. See Ford v. ChartOne, Inc., 834 A.2d 875 (D.C. 2003).
• Two-stage settlement approval. Rule 23(e) adopts the federal two-stage process: (1) the Court directs notice to the class only after the parties show it will likely be able to approve the settlement under Rule 23(e)(2) and certify the class for judgment; and (2) the Court may approve the settlement only after a hearing and only on finding that it is fair, reasonable, and adequate.
• Approval factors. Under Rule 23(e)(2), the Court considers whether: (A) the class representatives and class counsel adequately represented the class; (B) the proposal was negotiated at arm's length; (C) the relief is adequate, taking into account the costs, risks, and delay of trial and appeal, the effectiveness of the distribution method, the terms of any proposed fee award, and any side agreement under Rule 23(e)(3); and (D) the proposal treats class members equitably relative to each other.
• Due process / "best notice." Under Rule 23(c)(2)(B), for a (b)(3) class the Court must direct "the best notice that is practicable under the circumstances," including individual notice to all members identifiable through reasonable effort, by U.S. mail, electronic means, or other appropriate means, stating in plain language the nature of the action, the class definition, the claims/issues/defenses, the right to appear through counsel, the exclusion right and a specified deadline, the manner of requesting exclusion, and the binding effect of the judgment. (The D.C. rule clarifies in (c)(2)(B)(v) that the exclusion request must be made "by a specified date.")
• Opt-out and objections. Members of a (b)(3) class may request exclusion. Under Rule 23(e)(4), the Court may decline to approve a settlement unless a previously certified (b)(3) class is given a new opportunity to opt out. Objections are governed by Rule 23(e)(5), which requires specificity and bars unapproved payments in connection with withdrawing objections or abandoning appeals.
• Cost of notice / residual funds. The historical Superior Court provisions allowing cost-shifting of notice to the defendant were deleted when the rule was conformed to the federal model; the plaintiff/proponent generally bears notice costs. For residual settlement funds, D.C. courts may apply conventional equitable principles, including pro rata redistribution, reversion, escheat, or cy pres.
• Unsettled / flag. Confirm the current text of D.C. Super. Ct. Civ. R. 23 and the assigned judge's standing/scheduling order. Because the rule mirrors the federal rule, federal Rule 23 case law is highly persuasive.

Sources and References

• D.C. Super. Ct. Civ. R. 23(c)(2), (d), (e), (f) (D.C. Courts, dccourts.gov)
• Ford v. ChartOne, Inc., 834 A.2d 875 (D.C. 2003)
• D.C. Code § 11-721(d) (appellate jurisdiction)
• Fed. R. Civ. P. 23(c)(2), (e) (identical model; persuasive case law)
• Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (due-process notice standard)

This Notice template is for informational purposes only and does not constitute legal advice. D.C. Superior Court Civil Rule 23 mirrors Federal Rule 23 (including the 2018 amendments) except for the local appeals provision. The court must approve class settlement notice and the settlement. Consult experienced District of Columbia class action counsel before use.