Hankinson, et al. v. RTG Furniture, et al., Case No. 9:15-cv-81139, in the U.S. District Court for the Southern District of Florida Final Hearing 12/15/2017 UPDATE: The Rooms To Go ForceField Protection Plan Class Action Settlement was granted final approval on December 15, 2017.
Full Answer
When did RTG move to dismiss the complaint?
3. On June 28, 2016, RTG moved to dismiss the Complaint. The Court granted the motion to dismiss in part, striking Plaintiffs’ claims for punitive damages. 4. The parties engaged in extensive discovery. The parties exchanged written discovery, including multiple sets of interrogatories and requests for production. The parties
What is RTG in a case?
The term “RTG” is used herein to refer to all defendants as a matter of convenience. Nothing herein shall be construed as an admission that any defendant participated in or is responsible for any of the conduct alleged in this case.
What is the case number for Rooms to Go?
Page 9 and whether known or unknown, that were or could have been asserted in the Action or the action styled Kenny Lee Triplett v. Rooms To Go North Carolina Corp., d/b/a Rooms To Go, et al., Case No. 5:16-cv-926-FL, in the United States District Court for the Eastern District of North Carolina (“Triplett”), including, without limitation, claims based on, arising out of, or related directly or indirectly to any of the allegations, transactions, facts, matters or occurrences referenced in the complaints and amended complaints filed in those actions, including without limitation any and all claims arising from or related to (i) the marketing, advertising, purchase, offer to sell, or sale of any fabric or leather protection plans or goods, services, or warranties related to those plans or (ii) the application of any fabric or leather protectant. The Released Claims include any right or opportunity to claim, seek, or obtain restitution, disgorgement, injunctive relief, or any other benefit as a member of the general public, under California Business and Professions Code section 17200, et seq., or otherwise. The parties further agree that they have been informed of and that they and the Settlement Class Members waive the benefits of California Civil Code section 1542 (and any and all other similar state statutes regarding the effectiveness of general releases). 19. “Released Persons” means and includes R.T.G. Furniture Corp., RTG America, LLC, The Jeffrey Seaman 2009 Annuity Trust, RTG Furniture Corp. of Georgia, Rooms To Go North Carolina Corp., RTG Furniture of Texas, L.P., RTG Texas Holdings, Inc., R.T.G. Furniture Corp. of Texas, Retail Management Services Corp., Rooms To Go Louisiana Corp., Rooms To Go Tennessee Corp., Rooms To Go Alabama Corp., Rooms To Go Mississippi Corp., Roomstogo.com, Inc., any entity that does business as Rooms To Go in the United States, and their past and present direct and indirect owners, parents, subsidiaries, affiliates, and divisions; the past and present officers, directors, trustees, beneficiaries, members, shareholders, employees, representatives, partners, direct and indirect owners, parents, subsidiaries, affiliates, divisions, joint venturers, consultants, agents, independent contractors, attorneys, and insurers of all of the foregoing; and the predecessors, successors, assigns, and legal representatives of all of the foregoing. 20. “Releasing Persons” means the Named Plaintiffs, each Settlement Class Member who does not submit a timely and valid request for exclusion from the Settlement Class in accordance with the provisions of the Preliminary Approval Order, and each of their respective executors, representatives, heirs, predecessors, assigns, beneficiaries, successors, Case 9:15-cv-81139-JIC Document 203-1 Entered on FLSD Docket 07/17/2017 Page 10 of 89
How long does a claimant have to pay a check to RTG?
Page 12 Claimants shall have 45 days from the date of the check to request a replacement check from the Settlement Administrator. Checks shall be valid for 120 days. Any checks that are not cashed within 120 days from the issue date will be cancelled, and any remaining funds will revert to RTG. 2. Merchandise Voucher. Each Claimant electing this option will receive one voucher (which shall be substantially in the form of Exhibit Cattached hereto) entitling the Claimant to a specified credit on an RTG in-store purchase. The face value of the voucher will be equal to 45% of the total amount that the Claimant paid for all ForceField Fabric or Leather Protection Plans purchased by that Claimant during the Class Period, with a maximum voucher face value of $125 per Claimant. The Merchandise Vouchers (1) are non-transferrable (i.e., the only person who may use the Merchandise Voucher to make a purchase in a RTG store is the Claimant whose name appears on the Merchandise Voucher), and the Claimant may be required to present valid photo identification and allow the store to make a copy of such identification; (2) may be combined with any other offer or discount made available by RTG; (3) may be used on any item(s) sold in RTG stores in the United States, with no minimum purchase required (but may not be used for any online purchase or to purchase gift cards); (4) may not be used to cover the cost of a purchase made before the customer presents the voucher at a RTG store, regardless of whether the merchandise has or has not already been delivered, and (5) expire 4 years from the Effective Date of the Settlement. If the value of the Merchandise Voucher exceeds the purchase price of the purchase made using the Merchandise Voucher, the Claimant cannot apply the unused balance of the Merchandise Voucher to a subsequent purchase or receive the excess in cash (i.e., each Merchandise Voucher may be used only once). Within 45 days of the Effective Date, the Settlement Administrator (or RTG, at its election) will email a Merchandise Voucher to each Claimant who elects to receive a Merchandise Voucher. B. Additional Remedies 1. Modification of Sales Order. RTG will modify its sales process for all United States stores such that a purchaser will acknowledge his or her review and agreement to purchase all of the items listed in the sales order. Case 9:15-cv-81139-JIC Document 203-1 Entered on FLSD Docket 07/17/2017 Page 13 of 89
What is the agreement between the parties in the FLSD case?
The parties agree that no party shall conduct discovery against any of the others pending the preliminary approval of the Settlement by the Court, and that all proceedings in the Action shall remain stayed until further order of the Court, except such proceedings as may be necessary either to implement this Agreement or to comply with or effectuate the terms of this Agreement. Case 9:15-cv-81139-JIC Document 203-1 Entered on FLSD Docket 07/17/2017 Page 22 of 89
Who are the plaintiffs in Rooms to Go?
This Settlement Agreement is made and effective as of July 11, 2017 (the “Agreement Execution Date”) by and among Benjamin Hankinson, James Guerra, Jeanette Gandolfo, Lisa Palmer, Donald Anderson, and Lisa Prihoda (“Plaintiffs” or “Named Plaintiffs”), the Settlement Class (defined below) and Defendants R.T.G. Furniture Corp., d/b/a Rooms To Go, RTG America, LLC, The Jeffrey Seaman 2009 Annuity Trust, RTG Furniture Corp. of Georgia, d/b/a Rooms To Go, Rooms To Go North Carolina Corp., d/b/a Rooms To Go, RTG Furniture of Texas, L.P., d/b/a Rooms to Go, RTG Texas Holdings, Inc., and R.T.G. Furniture Corp. of Texas (“RTG”)1(the “Settlement Agreement” or the “Agreement”).
Who may take the deposition of any objecting class member prior to the Fairness Hearing?
6. Counsel for any party may take the deposition of any objecting Settlement Class Member prior to the Fairness Hearing, subject to the procedures and protections of Fed. R. Civ. P. 26 and 30. 7. Any Settlement Class Member who does not timely file and serve a written Objection that meets all of the requirements of paragraphs IV.D.1- D.5 above shall be Case 9:15-cv-81139-JIC Document 203-1 Entered on FLSD Docket 07/17/2017 Page 19 of 89