LOS ANGELES, Feb. 22, 2019 /PRNewswire/ -- The following
statement is being issued by Schneider Wallace Cottrell Konecky
Wotkyns LLP and The Wand Law Firm, P.C. regarding the New Balance
"Made in USA" Class Action Settlement.
Dashnaw, et al. v. New Balance Athletics, Inc.,
United States District Court
for the Southern District of California, Case No. 3:17-cv-00159-L-JLB.
SUMMARY CLASS ACTION SETTLEMENT NOTICE. A federal court
authorized this notice. This is not a solicitation from a
lawyer.
ARE YOU AFFECTED?
You may be a class member if you
purchased at least one pair of eligible New Balance shoe models
labeled as "Made in USA" from December 27,
2012 through January 24, 2019
in California. A list of eligible
shoe models can be found at www.shoesettlement.com.
WHAT IS THIS CASE ABOUT?
This lawsuit claims that New
Balance violated certain consumer protection laws in the marketing,
labeling, and sale of its "Made in USA" Shoes. New Balance denies
it did anything wrong. The court did not decide which side was
right. Instead, the parties decided to settle.
WHAT DOES THIS SETTLEMENT PROVIDE?
Monetary
Compensation
The settlement will provide a fund of
$750,000 that, subject to court
approval, will be used to pay (i) valid and approved claims
submitted by class members; (ii) the costs and expenses associated
with this Notice and claims administration; and (iii) enhancement
payments to named plaintiffs for their assistance in this lawsuit
on behalf of the class. If these payments are approved by the
court, it is estimated that $515,000
will be available to satisfy the claims of class members. The
maximum payment to each class member is $10 for each pair of qualifying shoes, with a
maximum of $50 per person and
$100 per household. The amount may
decrease pro rata, if the total number of valid claims exceeds
$515,000.
Changes to Business Practices
Under the settlement,
New Balance must change the way it labels its shoes as "Made in
USA."
HOW DO YOU ASK FOR A PAYMENT?
To get a payment under
the settlement, you must submit a claim form that includes
information about your purchase of qualifying shoes. Claim forms
can be found at www.shoesettlement.com.
Claim Forms must be submitted no later than June 6, 2019 online at
www.shoesettlement.com or by mail to Heffler Claims Group, Re:
Dashnaw, et al. v. New Balance Athletics, Inc., P.O. Box
42220, Philadelphia, PA
19101-2220.
WHAT ARE YOUR OPTIONS?
If you purchased a qualifying
pair of shoes, you may (1) do nothing; (2) send in your claim; (3)
exclude yourself; and/or (4) object to the settlement.
If you do nothing, you will not receive any payment from the
settlement, however, you will be bound by the settlement's release
and waiver of claims summarized below in the paragraph titled "What
Do You Give up If You Stay in the Class?"
If you want to receive a payment from the settlement, you must
send in your claim as instructed above. You will be bound by the
settlement's release and waiver of claims summarized below in the
paragraph titled "What Do You Give up If You Stay in the
Class?"
If you don't want to be bound by the settlement, you must submit
a form that states you want to be excluded from this class action
lawsuit. If you exclude yourself, you will not get a payment from
the settlement, but you will preserve all rights to sue New Balance
on your own.
Exclusion forms can be found at www.shoesettlement.com. They
must be submitted no later than June 6,
2019 online at www.shoesettlement.com or by mail to
Heffler Claims Group, Re: Dashnaw, et al. v. New Balance
Athletics, Inc., P.O. Box 42220, Philadelphia, PA 19101-2220.
If you do not exclude yourself, you may object to the
settlement or any part of it. Even if you object, you can still
receive payment from the settlement, if you timely submit your
claim. If you wish to object, you should file your objection with
the court no later than June 14,
2019. For instructions about how to object, refer to the
section below titled "How Can You Get More Information?"
WHAT DO YOU GIVE UP IF YOU STAY IN THE CLASS?
If you
do not exclude yourself, by doing nothing, submitting a
claim form, or objecting to the settlement, you will give up your
right to sue New Balance on your own for any claims based on the
qualifying shoe purchases.
The complete Release and Waiver of Claims provision is included
in the Amended Settlement Agreement. For instructions to access it,
refer to the section below, titled "How Can You Get More
Information?"
LEGAL REPRESENTATION
The court has appointed
Jason H. Kim of Schneider Wallace
Cottrell Konecky Wotkyns LLP and Aubry
Wand of The Wand Law Firm, P.C. to represent the class for
purposes of the settlement. You have the right to retain your own
attorney to represent you in this lawsuit at your own expense, or
represent yourself without an attorney. Any class member who does
not enter an appearance through an attorney or on his or her own
behalf will automatically be represented by class counsel.
THE COURT WILL HOLD A HEARING on July 15, 2019 at 10:30
a.m. in the United
States District Court for the Southern District of
California, before the Honorable
M. James Lorenz in Courtroom
5B, Edward J. Schwartz U.S.
Courthouse, located at 221 West Broadway, San Diego, California 92101. The court will
consider certification of this lawsuit as a class action for
settlement purposes, whether to approve the proposed settlement as
fair, reasonable, and adequate, and whether to grant the motion for
attorneys' fees and costs of up to $650,000 to class counsel, and enhancement
payments of up to $5,000 to each of
the three named plaintiffs for their assistance in this lawsuit on
behalf of the class. The motion for attorneys' fees and costs and
enhancement payments will be available for review before you decide
whether to exclude yourself or object. For instructions on how to
access it, refer to the section below, titled "How Can You Get More
Information?" You may appear at the hearing, but you don't have to.
If you do not appear, you will be represented by class counsel.
The court may change the date and/or time of the hearing and/or
the matter may be submitted on the briefs without further notice.
If you are planning to attend, you should confirm the date and time
in advance.
HOW CAN YOU GET MORE INFORMATION?
For more
information, and to obtain copies of the full-length notice of the
class action settlement, the Amended Settlement Agreement and other
documents filed in this lawsuit, you can visit the settlement
website www.shoesettlement.com, call toll free (844) 271-4789,
write to Heffler Claims Group, Re: Dashnaw, et al. v. New
Balance Athletics, Inc., P.O. Box 42220, Philadelphia, PA 19101-2220, or contact the
class counsel at the information listed on the settlement
website.
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SOURCE Schneider Wallace Cottrell Konecky Wotkyns LLP; The Wand
Law Firm, P.C.