Sanders v. MakeSpace Labs, Inc.

U.S. District Court for the Southern District of New York, Case No. 1:18-cv-10016

  1. How to participate in the Settlement?

    1. You do not need to do anything to participate in the settlement.  If the Settlement is approved by the Court and you do not exclude yourself, you will receive an automatic payment of $950.00.  To ensure any payment reaches you, you may wish to update your address either online at the Update Address tab above or by emailing [email protected].

  2. How to exclude yourself from the Settlement?

    1. You may exclude yourself from the lawsuit and the Settlement in two ways.  You may visit the Opt-out of Settlement tab above and exclude yourself electronically by clicking on the appropriate link and providing the required information, or by contacting the Settlement Administrator at:

      Sanders v. MakeSpace
      c/o Settlement Administrator
      PO Box 23668 
      Jacksonville, FL  32241

      If you timely request exclusion from the Settlement, you will be excluded from the Settlement, you will not be bound by any judgment in the lawsuit, and you will not be precluded from prosecuting any timely claim against MakeSpace or any Released Party based on the conduct complained of in the lawsuit.

      Exclusion requests must be sent via electronic mail or postmarked no later than February 22, 2021.

      Requests for exclusion may be revoked by submitting to the Settlement Administrator a written statement of revocation, postmarked or received no later than March 15, 2021.

      Any class member that does not file a timely request for exclusion will be bound by all subsequent proceedings, orders, and judgments in this action.

  3. How to Object to the Settlement?

    1. If you wish to participate in the Settlement but object to some or all of it, you must deliver a written objection to the Settlement Administrator at the address set forth above.  Any written objections must state: the caption of the Litigation; the full name, address and telephone number of the Class Member objecting to the Settlement; a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such Class Member wishes to be considered in support of the objection; the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or Fee Petition; any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity; the identity of all counsel representing the objector who will appear at the Final Approval Hearing; and, all relief sought.

      All objections must be postmarked no later than February 22, 2020.  Objections to Settlement Class Counsel’s attorneys’ fees may be supplemented up to fourteen (14) days after the motion for such fees is filed on February 5, 2021.  Settlement Class Members who fail to make objections in the manner specified above will be deemed to have waived any objections.  Only Settlement Class Members who sent timely objections can speak at the fairness hearing.  If you wish to speak to at the fairness hearing, you must notify the Court no later than March 19, 2021.  You may be subject to cross examination at the hearing.  You may, but need not, enter an appearance through counsel of your choice.  If you do, you will be responsible for your personal attorney’s fees and costs.

      IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING

  4. Where to get additional info?

    1. The above description of the lawsuit is general and does not cover all of the issues and proceedings that have occurred. The full Settlement Agreement detailing all of the terms of the Settlement Agreement is available at the Important Court Documents tab above. In order to see all of the proceedings in the case, you may visit the Administrative Office of the U.S. Courts, PACER Service Center, located at http://pacer.psc.uscourts.gov.  You may also visit or call the Clerk’s office of the Southern District of New York located at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY.  The phone number of the Clerk’s office is (212) 805-0136.  The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

      This notice is merely a summary of the terms of the Settlement.  The complete terms and conditions are set forth in the Settlement Agreement, which is available from the Court’s file and on the Settlement website.  To fully understand the terms and conditions of the settlement, the Court recommends that you read the Settlement Agreement, because it may contain language, terms, conditions and procedures that are not mentioned or explained in this notice.  In the event of any conflict or disagreement between the language of this notice and the Settlement Agreement, the Settlement Agreement will control.

      DO NOT ADDRESS ANY SUBSTANTIVE QUESTIONS ABOUT THE SETTLEMENT OR THE LITGIATION TO THE COURT OR THE JUDGE’S CHAMBERS.