St. Louis Record

Thursday, February 20, 2020

STEVENS vs. PROPERTIES WEST, L.C. and CHARLES DAVIS

Lawsuits

By Sponsored Post | Feb 10, 2020

General court 05

IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS

STATE OF MISSOURI

Cause No: 12SL-CC02377

Division No: 4

 

STEVENS vs. PROPERTIES WEST, L.C. and CHARLES DAVIS

TO:        All persons who purchased a residential property for personal, family or household purposes in St. Louis County, Missouri between June 22, 2007 and September 21, 2019 which, at the time of purchase, was (1) listed for sale by Properties West, L.C. (d/b/a Re/Max Properties West or Better Homes and Gardens Real Estate Preferred Properties), (2) had a two-story great room and/or a two-story entry foyer, and (3) included a representation of the home’s square feet greater than zero in the MLS. (“SETTLEMENT CLASS”). 

 

               YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Circuit Court of St. Louis County, Missouri, that a hearing will be held on April 16, 2020, at 9:00 am before The Honorable Joseph S. Dueker, Circuit Judge, Division 4 of Courts Building, 105 South Central Avenue, Clayton, Missouri 63105. (the “Final Settlement Hearing”), for the purpose of determining: (1) whether a proposed class action settlement should be approved by the Court as fair, reasonable, and adequate; (2) whether the Court should enter a final judgment dismissing the claims of the Class Representatives and the Settlement Class with prejudice and on the merits; and (3) whether the application for an award to the Class Representative and for an award of attorneys’ fees, costs, expenses and disbursements to Class Counsel should be approved.

               At the Final Settlement Hearing, the parties will ask the Court to approve the proposed settlement.  Under the proposed settlement, Defendants have agreed to make a payment to each to each Class Member who submits a Claim Form that is approved by the Claims Administrator; these are called Approved Claims.  Defendants have agreed to pay $1,000.00 for each Approved Claim, but the total amount of payments will not exceed $125,000.00.  Therefore, if there are more than 125 Approved Claims, the amount paid for each Approved Claim will be reduced pro rata.

Also at the Final Settlement Hearing, Class Counsel will ask the Court for attorneys' fees and expenses, including a Class Representative award, up to $205,000.00.  The Court may award less than these amounts. These amounts represent the attorneys’ fees and class representative award for prosecuting the lawsuit.  If the settlement is approved and becomes final, Defendants will pay the amount of class representative awards, attorneys' fees, costs, and disbursements as the Court may award up to $205,000.00.  These amounts will not come out of the funds for payments to Class Members.

If, between June 22, 2007 and September 21, 2019, you purchased for personal, family or household purposes a residential property located in St. Louis County, Missouri that (1) was listed for sale by Re/Max Properties West or Better Homes and Gardens Real Estate Preferred Properties, (2) had a two-story great room and/or two-story entry foyer, and (3) included a representation of the home’s square footage of more than zero square feet in the MLS, your rights may be affected by the proposed settlement of this Action.  If you have not received a detailed Notice of Proposed Class Action Settlement (the “detailed Notice”) and a copy of the Claim Form, you may obtain copies by going to the website www.PropertiesWestSettlement.com or writing to the Claims Administrator:  Stevens v. Properties West, P.O. Box 26170, Santa Ana, CA 92799

If you are a member of the Settlement Class, in order to receive a settlement payment you must submit a Claim Form and the information required by the Claim Form no later than March 17, 2020 to the Claims Administrator, establishing that you are entitled to payment.  Unless you submit a written exclusion request, you will be bound by any judgment rendered in the Action whether or not you make a claim.  If you desire to be excluded from the Settlement Class, you must submit a Statement of Exclusion received no later than March 7, 2020, in the manner and form explained in the detailed Notice.

 

               Any objection to the proposed settlement, Class Representatives’ request for a fee award, or Class Counsel’s request for an award of attorneys’ fees, costs, expenses, and disbursements, must be in the manner and form explained in the detailed Notice and received no later than March 7, 2020, to each of the following:

Circuit Clerk

St. Louis County Circuit Court

105 S. Central Avenue

Clayton, MO 63105

Patrick J. Hagerty

Gray, Ritter & Graham, P.C.

701 Market Street, Suite 800

St. Louis, Missouri 63101

Class Counsel

Steven H. Schwartz

Brown & James, P.C.

800 Market Street, Suite 1100

St. Louis, Missouri 63101

Attorney for Defendants

               If you have any questions about the proposed settlement, you may call or write to Class Counsel.

               PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE.  

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