LOS ANGELES, Feb. 22, 2019 /PRNewswire-HISPANIC PR WIRE/ –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?
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?”
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.
SOURCE Schneider Wallace Cottrell Konecky Wotkyns LLP; The Wand Law Firm, P.C.