Frequently Asked Questions
- Why did the Court issue this Notice of Partial Settlement?
- Why is there a partial Settlement?
- What should I do now?
- How do I exclude myself?
- How do I tell the Court that I do not like the partial settlement?
- How do I get more information?
- When will I receive my money?
- How can I reach the attorneys for this case?
1. Why did the Court issue this Notice of Partial Settlement?
The Court issued this Notice because you have a right to know that RFH, Ltd. (“RFH”) was added as a defendant to this litigation, and that the Plaintiffs and RFH have proposed a partial settlement limited to the claims against RFH. This proposed settlement does not include or release any claims relating to the ongoing litigation against the Textainer Defendants. This Notice informs you about all of your options before the Court decides whether to grant final approval of the partial settlement. The partial settlement creates a fund that will be used to help cover the expense of pursuing the case against the remaining Textainer Defendants.
This Notice explains the partial settlement, and your legal rights in connection with it.
Judge Richard A. Kramer of the Superior Court of California in San Francisco is in charge of this case. The people who sued are called the Plaintiffs, and the entities and individuals they sued are called the Defendants.
2. Why is there a partial Settlement?
The Court did not decide in favor of the Plaintiffs or Defendant RFH. Instead, both sides agreed to a settlement. Litigation risks exist for the Plaintiffs, the Class and RFH, and by settling, these risks, as well as the cost of a trial, are avoided and a fund is created that will benefit the members of the Class. The Class Representatives and their attorneys think a partial settlement with RFH is best for all Class Members.
You can either (1) exclude yourself from the partial settlement, or (2) do nothing, or (3) object to the partial settlement. If you exclude yourself now, you will not be excluded from the entire lawsuit, but just this partial settlement. If you do nothing, you will remain a member of the class.
Follow the instructions on Page 2 of the Notice of Partial Settlement (Item No. 4, “How Do I Exclude Myself from this litigation?”) If you exclude yourself now, you will not be excluded from the entire lawsuit, but just this partial settlement.
5. How do I tell the Court that I do not like the partial settlement?
Follow the instructions on Page 3 of the Notice of Partial Settlement (Item No.10, “How do I tell the Court that I do not like the partial settlement?”).
6. How do I get more information?
Call toll free 1-800-207-0343, or write to the address in question 16 of the Notice of Partial Settlement.
Please note that any further notices regarding this litigation will be made at this website, so bookmark and periodically check this website, as information posted may affect your legal rights.
7. When will I receive my money?
There will not be a payment from the Settlement Fund at this time. The partial settlement agreement provides that RFH will deposit $240,000.00 into a Settlement Fund. Plaintiffs intend to ask the Court to apply some or all of the Settlement Fund to pay for the costs and expenses related to the ongoing Class Action against the other Defendants. If Plaintiffs recover additional money from the Textainer Defendants through a settlement or following a trial, any money remaining in the Settlement Fund from the RFH settlement will be included in the distribution of that money.
8. How can I reach the attorneys for this case?
CLASS COUNSEL:
Gwendolyn R. Giblin, Esq.
Gold Bennett Cera & Sidener LLP
595 Market Street, Suite 2300
San Francisco, CA 94105-2835
DEFENSE COUNSEL:
J.D. Horton, Esq.
Quinn Emanuel Urquhart & Hedges LLP
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017