Frequently Asked Questions
BASIC INFORMATION
[expand title=”WHY WAS THE NOTICE ISSUED?”]
A Court authorized the Notice because you have a right to know about a proposed Settlement of this class action, including the right to claim money, and about all of your options, before the Court decides whether to give “Final Approval” to the Settlement. If the Court approves the parties’ Stipulation of Settlement (“Settlement Agreement”), and after any appeals are resolved, payments will be made to those who qualify and submit a valid claim. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for them, and how to get them.
Judge Carla E. Brown in the State Court of Gwinnett County, Georgia, is overseeing this class action – Ashley Sewak v. Citywide Parking Services, LLC, Case No. 20-C-04120-S3 and Crystal Backmon v. Citywide Parking Services, LLC, Case No. 22-C-01459-S6, which have been consolidated into Case No. 22-C-04120-S3 (the “Consolidated Class Action Lawsuit”). The people who sued are called the “Plaintiff” and the company sued is called the “Defendant.”
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[expand title=”WHAT IS THE LAWSUIT ABOUT?”]
The lawsuit claims that Citywide Parking unlawfully booted vehicles from lots in Sandy Springs, Georgia, and Marietta, Georgia. Citywide Parking has maintained that it lawfully and properly booted vehicles and has denied all allegations that it acted wrongfully or unlawfully.
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[expand title=”WHAT IS A BOOTING?”]
Booting is the method of attaching a devise to a wheel or tire of a parked vehicle to prohibit the vehicle’s movement or operation.
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[expand title=”WHY IS THIS A CLASS ACTION?”]
In a class action, one or more people called “Class Representatives” (in this case Ashley Sewak) sue on behalf of people who have similar claims. All these people are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
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[expand title=”WHY IS THERE A SETTLEMENT?”]
The Court did not decide in favor of the Plaintiff or Citywide Parking and has not found that Citywide Parking did anything wrong. Instead, both sides agreed to settle. That way, they avoid the cost of a trial and potentially an appeal, and the people who qualify will get compensation. The Class Representative and her attorneys think the Settlement is best for all Class Members. The Settlement does not mean that Citywide Parking did anything wrong, no trial has occurred, and no merits determinations have been made.
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WHO IS IN THE SETTLEMENT
To see if you are eligible for benefits from this Settlement, you first have to determine if you are a Class Member.
[expand title=”HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?”]
The Class includes everyone who was booted by Citywide Parking in Sandy Springs, Georgia from September 30, 2017 to December 18, 2020 and in Marietta, Georgia from July 1, 2014 to December 18, 2020. Information as to the specific lots and time periods can be found HERE. To qualify as a potential Class Member, you must have been booted from a non-compliant lot during the applicable time period. Further, to qualify as a potential Class Members, you must have been driving the vehicle that was booted and personally paid the booting fee.
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[expand title=”ARE THERE EXCEPTIONS TO BEING INCLUDED?”]
You are not included in the Settlement if you (1) exclude yourself from this case; or (2) were not booted by Citywide Parking in Sandy Springs, Georgia between September 30, 2017 to December 18, 2020 or in Marietta, Georgia between July 1, 2014 to December 18, 2020. Additionally, Citywide Parking, all present or former officers, directors, employees, partners, principals, shareholders and/or agents of Citywide Parking; any employees, officers, or directors of Citywide Parking’s insurers; members of the judiciary and their staff to whom these lawsuits are assigned; Class Counsel and their immediate family; Citywide Parking’s counsel of record and their immediate family; Citywide Parking’s insurers’ counsel and their immediate family; and all Persons who make a timely election to be excluded from the Settlement Class are not included in the Settlement.
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[expand title=”UNDERSTANDING CLASS MEMBERSHIP”]
This series of questions may also help you determine if you are a Class Member. Please answer all of the questions in order.
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[expand title=”I’M STILL NOT SURE IF I AM INCLUDED.”]
If you are not sure whether you are included in the Class, you should submit a Claim Form before April 22, 2024.
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THE SETTLEMENT BENEFITS – WHAT YOU GET IF YOU QUALIFY
[expand title=”WHAT DOES THE SETTLEMENT PROVIDE?”]
The Settlement will pay to compensate eligible Class Members for Citywide Parking’s alleged unlawful booting of vehicles at certain lots in Sandy Springs, Georgia and Marietta, Georgia.
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[expand title=”HOW DO I QUALIFY FOR A PAYMENT?”]
To qualify for a payment you must have had your vehicle booted by Citywide Parking in Sandy Springs, Georgia between September 30, 2017 to December 18, 2020 or Marietta, Georgia between July 1, 2014 to December 18, 2020. You may qualify for a payment: if you were driving the vehicle that was booted and you personally paid Citywide Parking the fee to remove the boot on the vehicle.
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[expand title=”HOW MUCH WILL PAYMENTS BE?”]
Payments to eligible Class Members will be no more than $45.00 per claim and are subject to revision based on the amount of claims submitted. If the number of claims submitted exceeds the Subclass Settlement Fund, the Settlement amount per Class Member will amount to the total number of submitted claims divided by the applicable Subclass Settlement Fund.
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HOW TO GET PAYMENT – SUBMITTING A CLAIM FORM
[expand title=”HOW CAN I GET A PAYMENT?”]
To ask for a payment, you must complete and timely submit a Claim Form. You can get a Claim Form HERE. You’ll need to attach any documents that you have showing that your vehicle was booted by Citywide Parking during the class period, that your vehicle was booted from a lot in Sandy Springs, Georgia or Marietta, Georgia, and that you paid Citywide Parking to remove the boot from your vehicle. See Section 3 of the Claim Form for more details on the required documentation. Please read the instructions carefully, fill out the Claim Form and mail it postmarked no later than, April 22, 2024, to:
Citywide Parking Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
Email: www.CitywideParkingSettlement@atticusadmin.com
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[expand title=”WHEN WILL I GET MY PAYMENT?”]
The payments will be mailed to eligible Class Members who send in timely valid Claim Forms, after the Court grants “Final Approval” of the Settlement, any appeals are resolved, and the claims administration process described in paragraphs 53-58 of the Settlement Agreement is completed. If Judge Brown approves the Settlement after a hearing on March 18, 2024 at 1:30 p.m. (see the section “The Court’s Settlement Final Approval Hearing” below), there may be appeals. It’s always uncertain whether these appeals can be resolved and resolving them can take time. Please be patient.
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[expand title=”WHAT IF I DISAGREE WITH MY ELIGIBILITY OR THE AMOUNT OF MY PAYMENT?”]
There is a process in the Settlement to resolve disagreements between you and Citywide Parking over whether you are eligible and how much money you should get. The Settlement Agreement is available at HERE which provides more information.
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[expand title=”WHAT AM I GIVING UP TO GET A PAYMENT OR STAY IN THE CLASS?”]
Unless you exclude yourself, you are staying in the Class, and that means that you cannot individually sue Citywide Parking over the claims settled in these cases. It also means all of the Court’s orders will apply to you and legally bind you. If you submit a Claim Form, or simply stay in the Class, you will agree to “release and discharge” Citywide Parking as described in Section XV of the Settlement Agreement. A complete copy of the Settlement Agreement can be obtained HERE. The Settlement Agreement specifically describes the released claims in necessarily accurate legal terminology. Talk to Class Counsel (See the section on “The Lawyers Representing You”) or your own lawyer if you have questions about the released claims or what they mean.
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EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don’t want a payment from this Settlement, but you want to keep the right to individually sue Citywide Parking about the issues in these cases, then you must take steps to get out. This is called excluding yourself from—or is sometimes referred to as “opting out” of—the Settlement Class.
[expand title=”HOW DO I 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 Ashley Sewak v. Citywide Parking Services, LLC, Case No. 20-C-04120-S3 and Crystal Backmon v. Citywide Parking Services, LLC, Case No. 22-C-01459-S6. You must include the case number, your full name, address, telephone number, and your signature. You must also include a clear statement that you wish to be excluded from the Settlement Class. You must mail your request for exclusion postmarked by February 20, 2024, to:
Citywide Parking Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
You cannot exclude yourself on the phone, by email, or online.
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[expand title=”IF I DON’T EXCLUDE MYSELF, CAN I SUE CITYWIDE FOR THE SAME THING LATER?”]
No. Unless you exclude yourself, you give up any right to individually sue Citywide Parking for the claims this Settlement resolves. You must exclude yourself from this Class to individually sue Citywide Parking over the claims resolved by this Settlement. Remember, the exclusion deadline is February 20, 2024.
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[expand title=”IF I EXCLUDE MYSELF, CAN I GET PAYMENT FROM THIS SETTLEMENT?”]
No. If you exclude yourself, do not submit a Claim Form to ask for a payment.
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THE LAWYERS REPRESENTING YOU
[expand title=”DO I HAVE A LAWYER IN THIS CASE?”]
The Court appointed the Wetherington Law Firm, P.C. to represent you and other Class Members as “Class Counsel.” You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.
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[expand title=”HOW WILL THE LAWYERS BE PAID?”]
Class Counsel will ask the Court for up to $121,007 to cover attorneys’ fees and reimbursement of their expenses. Class Counsel will also ask that $2,500 be awarded to Class Representative Ashley Sewak for representing the Class. Citywide Parking has agreed not to oppose the request for fees and expenses up to the amount above. The Court may award less than this amount. Citywide Parking will separately pay the fees and expenses the Court orders. These payments will not reduce the amount distributed to Class Members. Citywide Parking will also separately pay the costs to administer the Settlement.
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OBJECTING TO THE SETTLEMENT
You can tell the Court if you don’t agree with the Settlement or some part of it.
[expand title=”HOW DO I TELL THE COURT IF I DON’T AGREE WITH THE SETTLEMENT?”]
If you don’t want the Court to approve the Settlement you must file a written objection in the case with the State Court of Gwinnett County, Georgia, and send a copy to the Administrator as noted below. You must include the name of the case Ashley Sewak v. Citywide Parking Services, LLC, Case No. 20-C-04120-S3 and Crystal Backmon v. Citywide Parking Services, LLC, Case No. 22-C-01459-S6, your full name, address, telephone number, your signature, the specific reasons why you object to the Settlement, and a statement as to whether you intend to appear at the Settlement Final Approval Hearing in person or through counsel. If you do intend to appear at the Settlement Final Approval Hearing to object to the Settlement, you must also provide with your written objection a detailed statement of the specific legal and factual basis for each objection, a list of any witnesses you will call at the hearing with each witness’ address and summary of the witness’ testimony, a detailed description of all evidence you will offer at the hearing with copies of the exhibits attached, a list of the legal authority you will present at the hearing, and documentary proof of your membership in the Class. You or your lawyer may appear at the Settlement Final Approval Hearing if you have filed a written objection as provided above. (See the section on the “Court’s Settlement Final Approval Hearing” below). If you have a lawyer file an objection for you, he or she must follow all Georgia rules and you must list the attorney’s name, address, bar number and telephone number in the written objection filed with the Court.
File the objection with the Clerk of Court at the address below by February 20, 2024. Note: You may send it by mail, but it must be received and filed by the Clerk by February 20, 2024:
Clerk of Court
State Court of Gwinnett County
75 Langley Drive
Lawrenceville, GA 30046
Mail a copy of the objection to the Administrator at the following address so that it is postmarked by February 20, 2024:
Citywide Parking Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
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[expand title=”WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND ASKING TO BE EXCLUDED?”]
Objecting is simply telling the Court you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you object, and the Court approves the Settlement anyway, you will still be legally bound by the result.
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THE COURT’S SETTLEMENT FINAL APPROVAL HEARING
The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you don’t have to.
[expand title=”WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?”]
The Court has scheduled a Settlement Final Approval Hearing at 1:30 p.m., on March 18, 2024, at the Gwinnett County Courthouse, Lawrenceville, Georgia. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Brown may listen to people who have asked to speak about an objection according to Question 22, above. The Court may also decide how much to award Class Counsel as fees for representing the Class and whether and how much to award the Class Representative for representing the Class. At or after the hearing, the Court will decide whether to approve the Settlement. It is not known how long this decision will take.
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[expand title=”DO I HAVE TO COME TO THE HEARING?”]
If you filed a written objection, you or your lawyer acting on your behalf may attend the Settlement Final Approval Hearing, but you are not required to do so. Class Counsel will answer any questions Judge Brown may have. But you are welcome to come at your own expense. You may also pay your own lawyer to attend, but it’s not necessary, unless you choose to have a lawyer appear on your behalf to object to the Settlement.
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[expand title=”MAY I SPEAK AT THE HEARING?”]
If you submitted a proper written objection to the Settlement, you or your lawyer acting on your behalf may speak at the Settlement Final Approval Hearing. You cannot speak at the Hearing if you exclude yourself.
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IF YOU DO NOTHING
[expand title=”WHAT HAPPENS IF I DO NOTHING AT ALL?”]
If you do nothing, you’ll get no payment from this Settlement. But, unless you exclude yourself, you won’t be able to individually sue Citywide Parking for the claims resolved in this case.
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GETTING MORE INFORMATION
[expand title=”HOW DO I GET MORE INFORMATION ABOUT THE SETTLEMENT?”]
The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement.
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