TRAVIS MENDIOLA v HOME DEPOT USA INC, et al

Case No. 1:20-CV-04027 in the United States District Court for the Northern District of Georgia, Atlanta Division

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING

A court authorized this Notice.  This is not a solicitation from a lawyer.

This Notice of Proposed Class Action Settlement and Hearing provides important information regarding your right to participate in, opt out of, or object to, a proposed settlement in a class action lawsuit. Named Plaintiff, Travis Mendiola (“Plaintiff”), filed a lawsuit against Defendants Home Depot, U.S.A., Inc. and The Administrative Committee Home Depot USA, Inc. (“Defendants”) in which he alleges that the COBRA Notice he received from or on behalf of Defendants was deficient. Defendants deny the allegations and assert that the Notice complied with all applicable laws. That case is pending in the U.S. District Court, Northern District of Georgia (Atlanta Division) and the judge has not made any determination about who is right or wrong in the case. A summary of the claims asserted in the lawsuit and the proposed settlement follows.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Do Nothing

If you do nothing and the Court approves this settlement, you will receive nothing.  As a member of the Settlement Class, you will release Defendants from any potential liability for any claims relating to or concerning the allegations in the operative Complaint arising prior to the date of the Court’s order giving final approval to the settlement.

Ask to be Excluded by

December 16, 2021

If you do not want to be included in the case and the settlement, you must take action to exclude yourself.  This is called “opting out.” To opt out, you must, within the time specified below, (a) file a written notice with the Clerk of Court, specifically stating that you wish to be excluded from the Settlement, and (b) mail a copy of that notice, with sufficient postage, to the Settlement Administrator at the address provided below. If you elect to opt out, you may pursue your own action against Defendants for the claims raised in this case if you choose to do so.

Object by December 16, 2021

You may write to the Court about why you don’t like the settlement, if you object to any of its terms.  To object to the settlement you must, within the time specified below, (a) file written objections with the Clerk of Court, and (b) mail a copy of your objections, with sufficient postage, to the Settlement Administrator.  If you make such objections, then in the objections, you must (i) state your objection with specificity; (ii) state whether your objection pertains only to yourself or some or all of the Settlement Class; and (iii) return your objection timely. You may not file an objection if you opt out of the settlement.

Go to a Hearing on February 10, 2022

If you wish to be heard, you may attend the Final Approval Hearing and ask to speak in Court about the fairness of the settlement. You are not required to attend the hearing.  If you opt out, you may not present your opinions regarding the settlement at the Final Approval Hearing.

File a Claim

If you file a claim by December 16, 2021, you will receive a check for approximately $10.71.  As a member of the Settlement Class, you will release Defendants from any potential liability relating to or concerning the allegations in the operative Complaint.

 

The Court still has to decide whether to approve this settlement, which may take some time, as explained below.