Nathan Surrett v. Western Culinary Institute

NOTICE OF CLASS ACTION SETTLEMENT

Arbitration Class Members and State Court Class Members are entitled to a payment from a Class Action Settlement.

A court authorized the Notice. This is not a solicitation from a lawyer.

PLEASE READ THE NOTICE CAREFULLY.

A class action lawsuit against Defendants has been preliminarily approved for settlement. In the lawsuit, Plaintiff alleges fraud, violations of Oregon’s Unlawful Trade Practices Act (“UTPA”), and other claims. Arbitration Demands brought by you and other Claimants allege the same.

The Court has not made any finding of liability. Defendants believe that they will prevail on the allegations set forth in the Claimants’ Demands and the claims asserted by the Claimants therein, and that Defendants’ defenses thereto have substantial merit, and Defendants therefore deny any and all liability.

You have been identified as a member of the Settlement Class in the above-entitled class action, and as such are subject to the Settlement Agreement preliminarily approved by the Court. Please read the Notice carefully. It may affect your legal rights.

Your personalized Notice that you received by mail or email included an Individual Settlement Payment Amount. This estimated Individual Settlement Payment Amount has been calculated as a percentage refund of amounts paid to the school. Defendants agreed to pay a total of $7.1 million dollars as the Settlement Fund Amount under the Settlement Agreement. After deduction from the Fund attorneys’ fees, costs, and administrative expenses, the remaining funds have been divided among the Settlement Class, with each receiving an equal percentage refund of amounts paid to the school by them or on their behalf. Please refer to Frequently Asked Question 7 for more information.

Your legal rights are affected whether you act or don’t act. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
PARTICIPATE IN THE SETTLEMENT – DO NOTHING	If you take no action, you will remain in the Class and be bound by the Settlement, which means that you will (1) release all claims against Defendants, (2) dismiss your current arbitration or state court claim against Defendants, and (3) receive your individual Settlement Payment.
EXCLUDE YOURSELF FROM THE SETTLEMENT	If you do not want to be bound by the Settlement, you must follow the instructions in Frequently Asked Question 14 to exclude yourself. If you exclude yourself, you will not receive any of the Settlement proceeds, you will not release any claims against Defendants, and your pending arbitration or state court claims will not be dismissed.	Deadline to deliver exclusion: January 27, 2020
OBJECT TO THE SETTLEMENT	If you want to object to the Settlement, you must follow the instructions in Frequently Asked Question 16. If you object, you will still be bound by the terms of the Settlement and the release and dismissal of your claims, if approved by the Court.	Deadline to deliver objection: January 27, 2020
GO TO THE “FAIRNESS HEARING”	The Court will hold a “Fairness Hearing” to determine whether the Settlement should be finally approved as fair, reasonable, and adequate, and to consider the request for attorneys’ fees and costs of the lawyers who brought the Action. You may, but are not required to, speak at the Fairness Hearing. If you intend to speak at the Fairness Hearing, you must notify counsel in writing of your intent to appear, as explained in Frequently Asked Question 20. Attendance at the Fairness Hearing does not exclude you from the Settlement. To be excluded, you must follow the instructions in Frequently Asked Question 14.	Hearing Date and Time: February 13, 2020 at 3:00 P.M. PST

These rights and options—and the deadlines to exercise them—are explained in more detail in the Frequently Asked Questions.

The Court has preliminarily approved the Settlement and must decide whether to give final approval to the Settlement. The relief provided to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.