Ibrahim, et al. v. Climatec, Inc., et al.
Superior Court of the State of California for the County of Orange
Case No.: 30-2012-00552570-CU-OE-CXC
Superior Court of the State of California for the County of Orange
Case No.: 30-2012-00552570-CU-OE-CXC
This website and the Class Notice (PDF: 286.9 kB) describe a proposed settlement of the lawsuit: Ibrahim, et al. v. Climatec, Inc., et al. pending in Orange County Superior Court, Case No. 30-2012-00552570-CU-OE-CXC (the “Lawsuit”). Complaints were filed in the Lawsuit on March 9, 2012 (Class Action Complaint), September 27, 2013 (Cross-Complaint), and April 12, 2016 (Amended Cross-Complaint). Plaintiff Jared Lee was added as a plaintiff to this action on November 20, 2017, pursuant to an Amendment to the Amended Class Action Cross-Complaint. The Class Notice (PDF: 286.9 kB) is being sent to Class Members by the order of the Superior Court of the State of California for the County of Orange, which preliminarily approved the settlement on October 16, 2018. The Class Notice (PDF: 286.9 kB) informs you of the terms of the proposed settlement, describes your rights in connection with the settlement, and explains what steps you may take to object to, or exclude yourself from, the settlement. If you do not exclude yourself from the settlement and the settlement is finally approved by the Court, you will receive a settlement payment and be bound by the terms of the settlement and any final judgment.
After engaging in extensive investigation, a full day of mediation before an experienced mediator in which both sides recognized the substantial risks of an adverse result in the Lawsuit for either side, and extensive post mediation negotiations, Plaintiffs and Defendants agreed on a class settlement that was preliminarily approved by the Court on October 16, 2018. Plaintiffs and Class Counsel support the settlement.
The class settlement represents a compromise and settlement of highly disputed claims. Nothing in the settlement is intended or will be construed as an admission by any of the Released Parties (as defined in the settlement agreement in this case) that Plaintiffs’ claims in the Lawsuit have merit or that is has any liability to Plaintiffs or the Class on those claims.
The parties and their counsel have concluded that the settlement is advantageous, considering the risks and uncertainties to each side of continued litigation.
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YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT | |
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DO NOTHING AND REMAIN IN THE CLASS |
Obtain settlement benefits and give up your rights to ever sue any of the Released Parties (as defined in the settlement agreement in this case) about any of the claims in this case. |
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EXCLUDE YOURSELF FROM THE SETTLEMENT |
Opt out of the class by Friday, December 21, 2018 and get no benefits from the settlement, and keep your rights to be part of any other lawsuit against any of the Released Parties (as defined in the settlement agreement in this case) about any of the claims in this case. |
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OBJECT |
Write to the Settlement Administrator by December 21, 2018 about why you do not like the settlement or any of its terms. If you want to object, you will remain in the class and may still receive a settlement payment. |
PLEASE DO NOT TELEPHONE OR CONTACT THE COURT OR DEFENDANTS’ COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT.
