If you received unsolicited advertisements by facsimile during the time period between September 26, 2013 and January 25, 2019 from Smith Medical Partners, LLC and H.D. Smith, LLC, You May Be Entitled to a Payment From a Class Action Settlement.
A court authorized theNoticeand this website. You are not being sued. This is not a solicitation from a lawyer.
WHAT IS THIS LAWSUIT ABOUT? Pressman, Inc. and Pill Box Pines West, LLC (“Plaintiffs”) filed a Class Action Complaint alleging that Smith Medical Partners, LLC and H.D. Smith, LLC (collectively “Smith”) sent unsolicited advertisements by facsimile during the time period between September 26, 2013 and January 25, 2019 (the “Smith Faxes”). Plaintiffs allege that the Smith Faxes were sent without prior express invitation or permission or the required opt-out notice, allegedly in violation of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227. Smith denies Plaintiffs’ allegations, raised defenses, and argues, among other things, that many of the Smith Faxes were not advertisements, that Smith had prior express invitation or permission from the fax recipients, and that facsimiles received electronically are not actionable. Notwithstanding their disagreements, the parties have proposed a Settlement that, if approved by the Court, will resolve all of the Settlement Class’ claims about the Smith Faxes. Pursuant to Rule 23(c)(2)(B)(iv), you may enter an appearance in the case through your own attorney, if you so desire, but you are not required to do so.
WHAT IS THE PROPOSED SETTLEMENT? Without admitting any fault or liability, Smith has agreed to pay $4,500,000 (the “Settlement Fund”) in exchange for a release of all claims about any and all Smith Faxes sent to the Settlement Class (see Section V of the Settlement Agreement for a more detailed description of the Released Claims and Released Parties). The Settlement Fund will be distributed to pay the Class Members who submit claims, to pay an incentive award to Plaintiffs for serving as the class representatives, to pay Attorneys’ Fees and Expenses to Plaintiffs’ attorneys, and to pay the cost of Settlement Administration. Each claiming Class Member will receive a pro rata share of the available funds; one share for each of its fax numbers in the Smith fax lists. (You will identify your fax numbers on the Claim Form, and the Settlement Administrator will cross check them against the fax numbers on the lists.) The amount you will receive depends upon how many class members submit claims, but it is expected that no less than $3,000,000 will be distributed to Class Members who submit Claim Forms.
The Court has Preliminarily Approved this Settlement, subject to a Final Approval Hearing that will occur on December 10, 2020, at 11:00 a.m., in Room 13 in the Sam M. Gibbons United States Courthouse, 801 N. Florida Ave., Tampa, FL 33602.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
1. Submit a Claim Form: To receive a share of the Settlement Fund, you must complete and return a Claim Form postmarked, faxed, or filed online to the Settlement Administrator no later than November 16, 2020. The Claim Form is attached to the notice or you may submit a claim electronically under the "Submit Claim" section of this website. You do not need to remember receiving any fax from Smith and you do not need to have any copies of Smith Faxes to submit your claim. If your claim is approved, you will be mailed a check for your share of the Settlement.
**NOTE: If you submitted a claim in the canceled Settlement in Steven Arkin v. Smith Medical Partners, LLC, et al., Case No. 18 CH 984 (Lake County, IL), your claim will be honored in this Settlement and you do not need to submit another claim form.
2. Do nothing: If you do nothing, you will be bound by any judgment entered by the Court, and you will release your claims about Smith Faxes, as set forth in the Settlement Agreement, but you will receive no payment unless you submit a Claim Form.
3. Exclude yourself from the Settlement Class and the settlement: You can exclude yourself from the settlement and the case by filing a written request with the Clerk of Court at the Sam M. Gibbons United States Courthouse, 801 N. Florida Ave., Tampa, FL 33602. Your request must be postmarked on or before October 19, 2020, and it must list your name, company name (if applicable), fax number(s), street address, and the case name and number above. You must also mail copies of your exclusion request, postmarked by the same date, to:
For the Settlement Class:
Phillip A. Bock
Bock, Hatch, Lewis & Oppenheim, LLC
134 N. La Salle St., Suite 1000
Chicago, IL 60602
312-658-5501 Chicago direct
305-239-8726 Miami direct
For Defendant:
Martin Jaszczuk
Jaszczuk P.C.
311 S. Wacker Dr., Suite 3200
Chicago, IL 60606
4. Object to the Settlement in writing: If you object to the Settlement, and wish to file an objection rather than excluding yourself, you must submit your objection in writing to the Clerk of Court at the Sam M. Gibbons United States Courthouse, 801 N. Florida Ave., Tampa, FL 33602. Your objection must be postmarked by October 19, 2020. You must also serve copies of your objection and any supporting memoranda or materials on each of the attorneys for the Settlement Class and for Smith listed above, postmarked by the same date. Any objection must include your name, fax number, telephone number, street address, all attorneys who assisted you in the preparation and filing of your objection, a list of all other class action cases in which you or your counsel have filed objections to settlements, a statement of the reasons why you believe the Court should find that the proposed Settlement is not in the best interests of the Settlement Class, and an original signature or the signature of your counsel. It is not enough to say that you object; you must state the reasons why you believe the Court should not approve the Settlement. If you file an objection and wish to present it to the Court, then you must appear at the Final Approval Hearing before Judge Charlene Edwards Honeywell in Courtroom 13 of the Sam M. Gibbons United States Courthouse, 801 N. Florida Ave., Tampa, FL 33602 on December 10, 2020 at 11:00 a.m. At your own cost, you may retain an attorney to appear at this hearing. You are not required to attend this hearing unless you object to the Settlement.
Your rights and options—and the deadlines to exercise them—are explained in theNotice.
This website is authorized by the Court, supervised by counsel and controlled by, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
You must mail your request for exclusion so that it is postmarked no later than Monday, October 19, 2020.
Objection Deadline
Monday, October 19, 2020
You must mail your objection and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, October 19, 2020.
Claim Form Deadline
Monday, November 16, 2020
You must submit your Claim Form online no later than Monday, November 16, 2020, or mail your completed paper Claim Form so that it is postmarked no later than Monday, November 16, 2020.
Final Approval Hearing Date
Thursday, December 10, 2020
The Final Approval Hearing is scheduled for Thursday, December 10, 2020. Please check this website for updates.
