Frequently Asked Questions
- Why did I get this Notice?
- What is this lawsuit about?
- Why is this a Class Action?
- Why is there a Settlement?
- Am I part of the Settlement?
- Are there exceptions to being included?
- What if I am still not sure if I am included?
- What is in the Settlement?
- How much will my payment be?
- How do I receive a payment from the Settlement Fund?
- How do I correct the information on my claim form?
- When will you get payment?
- What am I giving up receive a payment or stay in the Settlement Class?
- How do you get out of the Settlement?
- If I do not exclude myself, can I sue these Defendants for the same thing later?
- If I exclude myself, can I get a payment from the Settlement Fund?
- Do I have a lawyer in this case (Class Counsel)?
- How will the Lawyers be paid?
- How do I object to the Settlement?
- What is the difference between Objecting and Excluding?
- When and where will the court decide to approve the Settlement?
- Do I have to come to the hearing?
- Can I speak at the hearing?
- What happens if I do nothing?
- Are there more details about the Settlement?
- How do I get more information?
- Who are the Released Parties?
- What are the Released Claims?
- Why did I get this Notice?
If you received a notice via US Mail or Email, it is because Defendants records show that you paid a fee to file a motion or petition to reconsider, vacate, or modify an interlocutory judgment or order of court in the Circuit Court of Cook County, Illinois from July 25, 2009 to February 21, 2017. As such, you are a Settlement Class Member and are eligible to receive monetary compensation from the Settlement Fund.
The Court required that notice be issued because potential Class Members have a right to know about a proposed Settlement of certain class action lawsuits, and about all their legal options, before the Court decides whether to approve the Settlement. The Court has preliminarily approved the Settlement. The Notice package explains the lawsuits, the Settlement, the legal rights of Class Members, what benefits are available, who is eligible for them, and how to get them.
Top - What is this lawsuit about?
Plaintiffs brought the Actions on behalf of everyone who paid a fee to file a motion or petition to reconsider, vacate, or modify an interlocutory judgment or order of court in the Circuit Court of Cook County, Illinois. Plaintiffs maintain that Defendants violated the Illinois Clerk of Courts Act, 705 ILCS 105/0.01, et seq., by charging these filing fees because the Clerk of Courts Act only authorizes Defendants to charge a fee for the filing of a motion or petition to reconsider, vacate, or modify only modify a final judgment or order of court, not an interlocutory judgment or order of court.
Top - Why is this a Class Action?
In a class action, one or more people called Plaintiffs sue on behalf of people who have similar claims. The Plaintiffs seek to have a single court resolve the issues for all members of the class, except for those who wish to exclude themselves from the class, and Plaintiffs seek appointment as the Class Representatives to represent the interests of class members.
Top - Why is there a Settlement?
Plaintiffs brought the Actions on behalf of everyone who paid a fee to file a motion or petition to reconsider, vacate, or modify an interlocutory judgment or order of court in the Circuit Court of Cook County, Illinois.
The Court has not decided in favor of either Plaintiffs or Defendants. Rather than continue with the court proceedings, the Parties agreed to the. Class Counsel and the Class Representatives think the Settlement is best for all Settlement Class Members.
Top - Am I part of the Settlement?
The Settlement Class includes all individuals and entities who paid a fee to file a motion or petition to reconsider, vacate, or modify an interlocutory judgment or order of court in the Circuit Court of Cook County, Illinois from July 25, 2009 to February 21, 2017.
If you received a Notice of this Settlement, then Defendants’ records indicate that you are a Settlement Class Member.
Top - Are there exceptions to being included?
Even if you fall within the Settlement Class, you are not a Settlement Class Member if you are:
(1) a current or former employee, officer or director of Defendants or their agents, subsidiaries, parents, successors, predecessors, or any entity in which they or their parents have a controlling interest;
(2) the judge to whom this case is assigned or part of the judge’s immediate family;
(3) a person who executes and submits a timely request for exclusion from the Class;
(4) a person who has had his/her claims in any of the Actions finally adjudicated and/or otherwise released; and
(5) the legal representative, successor or assign of any such excluded person.
The Settlement Class also does not include any individuals or entities who received a waiver or refund for any such filing fee. These individuals and entities are not part of the Settlement Class, and any rights they may have are not affected or released by this Settlement.
Top - What if I am still not sure if I am included?
If you are still not sure whether you are included, you can ask for free help. You can read the Notice and Settlement Agreement that can be found on the Case Documents Page for more information, or you can call the Settlement Administrator at 1-866-246-3316.
Top - What is in the Settlement?
Defendants have agreed to pay a total of $5,218,155 into a Settlement Fund. After subtracting attorneys’ fees and expenses awarded by the Courts, service awards for the Class Representatives, and the Notice Costs and Administration Costs of the Settlement Administrator, the remaining money in the Settlement Fund shall be distributed to Settlement Class Members by refunding $67.50 for each of the filing fees they paid or their pro rata share of the Net Settlement Fund.
Also as part of the Settlement, The Clerk of the Court will continue to provide a mechanism by which the filer identifies whether the judgment/order sought to be vacated/reconsidered/modified is an interlocutory or final judgment/order and, based upon the filer’s identification, the Clerk of Court will not charge a Filing Fee for the filing of a motion or petition to reconsider, vacate, or modify an interlocutory judgment or order of court. The Clerk of Court may seek Court approval to modify this policy.
Top - How much will my payment be?
Each Settlement Class Member will receive a refund of $67.50 for each fee that Class Member paid to the Clerk of Court for the filing of a motion or petition to reconsider, vacate, or modify an interlocutory judgment or order of court in the Circuit Court of Cook County during the Class Period. If the approved amounts exceed the Net Settlement Fund, each Settlement Class Member will receive a pro rata amount of the fees paid by that Class Member.
Top - How do I receive a payment from the Settlement Fund?
To receive a payment, you must submit a Claim Form by January 30, 2021. We are mailing customized Notice with a Claim Form via U.S. mail or E-mail identifying the cases and filing fees paid during the Class Period as shown in Defendants’ records.
If you believe that any of the information stated in your Notice is incomplete or incorrect, or if you believe you are a Settlement Class Member but did not receive Notice, then you may submit a Claim Form. You can download a Claim Form here and submit it by January 30, 2021.
If you do nothing, then you will get no payment and be bound by the Final Approval Order approving the Settlement.
If you submit a timely Request for Exclusion, then you will not receive any money from the Settlement.
Top - How do I correct the information on my claim form?
If you believe that your Notice contains inaccurate or incomplete information about the fees you paid or the case(s) in which you paid these fees, then you may submit a Claim Form to dispute this information to correct the amount of fees that you believe you paid.
A downloadable Claim Form can be found here or you can submit your Claim Form online. You must submit additional documentation with your Claim Form to support your claim. The deadline to submit your Claim Form and supporting documentation is, January 30, 2021.
Top - When will you get payment?
The Court will hold a hearing on March 8, 2021, at 11:00 a.m. to decide whether to approve the Settlement. If the Court approves the Settlement, there may be one or more appeals. It’s always uncertain whether these appeals can be resolved, and resolving them may take time, often more than a year. Once any and all appeals are resolved, the Settlement Administrator can issue checks to Settlement Class Members.
Top - What am I giving up receive a payment or stay in the Settlement Class?
Unless you exclude yourself, you will stay in the Settlement Class, and all the Court’s orders will apply to you and legally bind you. That means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about charging fees to file motions or petitions to reconsider, vacate, or modify interlocutory judgments or orders of court during the Class Period. If you stay in the Settlement Class, the Released Parties (See Question 27 for Definition), will fully, finally, and forever release and forever discharge, of and from the Released Claims (See Questions 28 for Definition).
Top - How do you get out of the Settlement?
To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from the Settlement postmarked no later than January 15, 2021.
Your request for exclusion must include all of the following:
(a) Your name and address;
(b) Your physical signature;
(c) The name and number of the Action “Midwest Medical Records Association, Inc. v. Dorothy Brown, et al., Case No. 15 CH 16986”; and
(d) A statement that you wish to be excluded from the Settlement Class.
You must mail your request for exclusion postmarked no later than January 15, 2021 to:
Cook County Court Fee Settlement Administrator
C/O KCC Class Action Services
P.O. Box 43501
Providence, RI 02940-3501
If you ask to be excluded, you will not get any Settlement payment, you cannot object to the Settlement, and you cannot ask to speak at the Final Approval Hearing. You will not be legally bound by anything that happens in the Actions. Depending upon the applicable statute of limitations, you may be able to pursue a claim (or continue to pursue a claim) against Defendants on your own regarding the issues raised in the Actions.
Top - If I do not exclude myself, can I sue these Defendants for the same thing later?
Unless you exclude yourself, you give up any right to sue any of the Defendants for the claims that this Settlement resolves. If you have a pending lawsuit against Defendants (or any of its related parties as described in answer to Question 27 below), speak to your lawyer in that case immediately. You may have to exclude yourself from the Settlement Class to continue your own lawsuit against Defendants or any of their related parties.
Top - If I exclude myself, can I get a payment from the Settlement Fund?
If you ask to be excluded, you will not get any Settlement payment, you cannot object to the Settlement, and you cannot ask to speak at the Final Approval Hearing. You will not be legally bound by anything that happens in the Actions. Depending upon the applicable statute of limitations, you may be able to pursue a claim (or continue to pursue a claim) against Defendants on your own regarding the issues raised in the Actions.
Top - Do I have a lawyer in this case (Class Counsel)?
The Court has appointed Thomas A. Zimmerman, Jr. of Zimmerman Law Offices, P.C., Larry D. Drury of Larry D. Drury, Ltd., and Myron M. Cherry and Jacie C. Zolna of Myron M. Cherry & Associates, LLC as Class Counsel for the Settlement Class. You will not be separately charged for their services. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the Lawyers be paid?
Class Counsel will ask the Court to approve payment of attorneys’ fees in an amount not to exceed $1,594,385, plus reimbursement of their out-of-pocket Litigation Costs. The attorneys’ fees would pay Class Counsel for investigating the facts, litigating the case and negotiating the Settlement. The Court may award less than the amounts requested. The amounts paid for attorneys’ fees and to reimburse Class Counsel for their out-of-pocket Litigation Costs will be paid out of the Settlement Fund and will reduce the amount available to Settlement Class Members.
Top - How do I object to the Settlement?
If you are a Settlement Class Member, you can tell the Court why you feel the Settlement should not be approved. The Court will consider your views. To object, you must mail and file a document with the Court stating that you object to the Settlement. Your objection must include:
- Case name (“Midwest Medical Records Association, Inc. v. Dorothy Brown, et al.”);
- Case number (Case No. 2015 CH 16986);
- Your name and address;
- Your physical signature;
- A statement that you are a Settlement Class Member;
- The case caption and court number of a case in which you filed a motion or petition to reconsider, vacate, or modify an interlocutory judgment or order of court from July 25, 2009 to February 21, 2017;
- Documentary proof that you paid a fee to the Clerk of Court for the filing of such motion or petition;
- A statement that such fee was not waived or refunded;
- The reasons that you object to the proposed Settlement, along with any supporting documents; and
- A statement indicating whether you intend to appear at the Fairness Hearing with or without counsel.
In addition to you filing your objection with the Court at the address below no later than January 15, 2021, the objection must also be mailed to Class Counsel and Defendants’ Counsel at the following addresses, postmarked no later than January 15, 2021:
TopCourt
Class Counsel
Defendants’ Counsel
Clerk of the Court
Circuit Court of Cook County, Illinois
Richard J. Daley Center, Room 802
50 West Washington Street
Chicago, Illinois 60602
Thomas A. Zimmerman, Jr.
Zimmerman Law Offices, P.C.
77 W. Washington St., Suite 1220
Chicago, IL 60602
Marie D. Spicuzza
Assistant State’s Attorney
Attn.: Interlocutory Fee Settlement
500 Richard J. Daley Center
Chicago, IL 60602
- What is the difference between Objecting and Excluding?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
Top - When and where will the court decide to approve the Settlement?
The Court will hold the Final Approval Hearing at 11:00 a.m. on March 8, 2021 at the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Courtroom 2601, Chicago, Illinois 60602 by Zoom video conference. You can attend the video conference by going to www.zoom.us, Meeting ID: 940 2104 4687; Password: 296476. If you do not have access to Zoom, you may instead call 312-626-6799 and use the same Meeting ID and Password when prompted.
The Final Approval Hearing may be continued or adjourned by the Court without further notice to the Settlement Class.
Top - Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. But you are welcome to attend at your own expense. If you send an objection, you don’t have to come to the hearing to talk about it. If you mailed your written objection on time, the Court will consider it. If you hired your own lawyer, you may have to pay your own lawyer to attend, but it’s not necessary that he or she do so.
Top - Can I speak at the hearing?
You cannot speak at the hearing if you excluded yourself from the Settlement. If you filed a timely, written objection, you (or your own lawyer) may appear and speak at the Final Approval Hearing, if the Court permits it, but, to do so, a notice of your intention to appear must be filed with the Court.
Top - What happens if I do nothing?
If you do nothing, you will not receive any payment pursuant to the Settlement and you will also be bound by the Final Approval Order approving the Settlement and cannot start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the issues in the Actions.
Top - Are there more details about the Settlement?
The Notice summarizes the proposed Settlement. More details are available are in the Settlement Agreement. If you wish to review these and other case documents, you may do so by visiting the Case Documents Page.
Top - How do I get more information?
You can call toll-free 1-866-246-3316 or visit the Court Documents page on this website, where you will find documents and additional answers to common questions about the Settlement, plus other information to help you determine whether you are a are member of the Settlement Class and whether you are eligible for payment. The most important documents in this case can be viewed, free of charge.
Top - Who are the Released Parties?
If you stay in the Settlement Class, the “Released Parties” include you on behalf of yourself, and your present or former agents, employees, owners, shareholders, principals, officers, directors, attorneys, heirs, representatives, family members, executors, administrators, assignees, predecessors and/or successors in interest, parent companies, subsidiaries, affiliates, and related companies.
It also includes Defendants, and their present or former agents, employees, owners, shareholders, principals, officers, directors, attorneys, heirs, representatives, family members, executors, administrators, assignees, predecessors and/or successors in interest, parent companies, subsidiaries, affiliates, related companies, and insurers.
Top - What are the Released Claims?
The Released Claims are any and all direct, individual, or class claims, rights or causes of action or liabilities whatsoever, whether known or unknown, whether accrued or unaccrued, and whether arising under federal, state, local, statutory, common or any other law, rule, or regulation that arise out of and are based on the factual predicate underlying the claims in the Actions during the Class Period.
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