1. Why did I get this notice?
2. What is this lawsuit about?
3. What is a class action and who is involved?
4. What are the Plaintiffs asking for?
5. Is there any money available now?
6. The Class of Tenants
7. Can I be part of this lawsuit?
8. I’m still not sure if I am included.
9. What happens if I do nothing at all?
10. How do I ask to be excluded?
11. What is the deadline to ask to be excluded?
12. Do I have a lawyer in this case?
13. Should I get my own lawyer?
14. How will Class Counsel get paid?
15. What happens next in the lawsuit?
16. Do I have to come to the trial?
17. Will I get money after the trial?
18. How can I get additional information?
Defendants’ records show that you lived at Baybrook Village Apartments in Webster, Texas between June 1, 2015, and September 30, 2017, and that you were charged and paid at least one monthly “Water/Sewer Base Fee” in excess of $20. The District Court has allowed, or “certified,” a class action lawsuit on behalf of residential tenants who were charged such fees and which Defendants' records show as paid. You have legal rights and options that you may exercise before the District Court awards damages and enters a final judgment. The District Court Judge of the 133rd District Court of Harris County, Texas, is handling this case. The case is named Paul Simien, et al. v. Baybrook Village, et al., Cause 2017-08379, In the 133rd District Court of Harris County, Texas.
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This lawsuit was filed on February 6, 2017. Plaintiff alleges that Defendants overcharged residential tenants for water and sewer by hiding in the monthly water bills, fees for items that were not water and sewer, specifically fees for Law Enforcement, Fire, and EMS. Plaintiff also alleges that those non-water charges constituted overcharges under the Texas Water Code. Plaintiff is seeking to recover statutory damages for himself and the Class for Defendants’ unlawful conduct.
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In a class action, a person called a “Class Representative” sues on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The Plaintiff here has been appointed by the Court as the Class Representative. The persons or entities they sue are called the Defendants. One court resolves the issues for all Class Members. The Court has appointed the Plaintiff’s lawyers (names and contact information in Question 12) to represent the Class and has appointed the Plaintiff to serve as the Class Representative.
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The Plaintiffs are asking the Court to award statutory damages to each Class Member equal to three-times the amount of all overcharges, and a one-month’s rent penalty for each violation. Plaintiff also seeks reasonable attorney’s fees, interest, and costs of court. The case is set for Trial on October 17, 2024.
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No money is available now because the District Court has not yet entered a final judgment. There is no guarantee that money or benefits will ever be obtained in this case. If money is recovered, you will be notified and with information about any cash payment you may be able to claim.
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The court has decided that you are a Class Member if you fit this definition:
All Texas residents who, during the Class Period [June 1, 2015, through September 30, 2017], (i) are or were tenants at Baybrook Village apartment house in Harris County, Texas, and (ii) were charged and paid a “Water/Sewer Base Fee” in excess of $20.
Certain people are excluded from the Class definition. Those excluded are: (i) the judge(s) assigned to this case and his or her staff; (ii)governmental entities; (iii) Defendants and their affiliates; (iv) persons who filed a bankruptcy petition after becoming a tenant at Baybrook Village [Apartments] or who received a bankruptcy order of discharge after becoming a tenant at Baybrook Village [Apartments]; and (v) persons for whom Defendants maintain a signed release of claims that release Defendants of the claims raised by this case.
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We believe you are a member of the Class. You will automatically be included as a member of the Class unless you take affirmative steps to exclude yourself. Both current and former tenants can be part of this lawsuit.
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If you are still not sure whether you are included, you can get free help by calling, writing, or emailing the lawyers in this case, at the phone number or addresses listed below in Section 12.
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If you do nothing, you will automatically be included as a member of the Class, which means that you may get money from this lawsuit, if money is recovered. If you remain part of the Class and the Plaintiffs obtain money from either a trial or a settlement, you will be notified about how to get your share. If you do nothing now, regardless of whether the Plaintiffs win or lose, you will not be able to sue the Defendants as part of any other lawsuit about monthly water/sewer overcharges at issue in this lawsuit. You will also be legally bound by all orders and judgments of the Court as to the Class.
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You have the right to exclude yourself from this lawsuit. This is also called “opting out” of the Class. If you exclude yourself, you won’t get any money from this lawsuit even if Plaintiffs obtain it from trial or Page 5 of 7 NOTICE OF PROPOSED CLASS ACTION SETTLEMENT settlement. You will keep the right to pursue your own claims with lawyers of your own choice, provided you pursue those claims within certain legal deadlines. If you do exclude yourself so that you can start your own lawsuit against Defendant, you should talk to your own lawyer right away to determine any deadlines you have.
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail (not emailed) to the address shown below. The letter must include: (i) the name of the case: Paul Simien v. Baybrook Village, Cause 2017-08379, In the 133rd District Court of Harris County, Texas.; (ii) a sentence expressly stating that you want to be excluded from the Class in this case; (iii) your name, address, telephone number; and (iv) your personal signature (not the signature of your attorney). You must mail this letter postmarked no later than May 7, 2024, to Class Notice Administrator at the following address:
Simien v. Baybrook Village Tenant Class Action
c/o Simpluris
PO Box 25226
Santa Ana, CA 92799
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If you do not want to participate in the Class, then your Exclusion Request letter must be postmarked by no later than May 7, 2024 (see Section 10).
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The Court appointed the Plaintiff’s lawyers in this case to represent the Class (“Class Counsel”). Those lawyers are Britton D. Monts of The Monts Firm in Austin, Texas; R. Martin Weber, Jr. and Richard E. Norman of Crowley Norman, LLP in Houston, Texas; Russell Post of the law firm of Beck Redden in Houston, Texas; and Jason Snell of the Snell Firm in Austin, Texas. The Court determined that these attorneys are qualified to represent the interests of the Class in this lawsuit. More information about these firms, their practices, and their lawyers’ experience is available on their websites: www.themontsfirm.com; www.crowleynorman.com; www.beckredden.com; and www.snellfirm.com.
The following attorneys from these firms are available to discuss any questions you have about the case:
Britton D. Monts | R. Martin Weber, Jr. |
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You may hire your own attorney if you want, but if you do not exclude yourself, you are not required to hire your own lawyer because Class Counsel already represents you as a member of the Class. For example, you can hire a lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you. If you hire your own lawyer, you will be responsible for the charges that lawyer requires you to pay for representing you. If you exclude yourself, you should consider hiring your own attorney since Class Counsel will no longer be representing your interests.
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If Plaintiffs win at trial, Class Counsel will ask the Court for their attorney’s fees and expenses to be paid by Defendant. If there is a settlement of this case, Class Counsel will request either that Defendants pay the fees and expenses, or that the Court allow a portion of the settlement fund to be used to pay attorney’s fees and costs. The Court must approve any money Class Counsel receives for representing the Class. You will not have to pay Class Counsel any fees or expenses out of your own pocket.
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The case is moving to trial and final judgment. Class Counsel may also ask the Court to enter further orders granting summary judgment in favor of the Class. At either summary judgment or at trial, Class Counsel will have to prove the amount of money to be awarded to Plaintiffs and the Class. A trial of this lawsuit is currently scheduled to begin on October 17, 2024. The Trial will take place in the 133rd District Court of Harris County, Texas. During the trial, the Judge or jury will hear all the evidence to help decide about any remaining issues that might require a trial.
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You do not need to appear in court or participate in the trial to be a Class Member or get any future benefits from this lawsuit. You are welcome to attend any trial at your own expense.
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If the Class obtains money or benefits from the trial or a settlement, Class Members will be notified about how to qualify for these benefits and receive their share. We do not know how long this will take.
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You may contact Class Counsel R. Martin Weber, Jr., or Britton D. Monts by calling, writing, or emailing them at the contact information in Section 12, above.
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PLEASE DO NOT CALL OR WRITE THE JUDGE OR CLERK OF THE COURT DIRECT ALL INQUIRIES TO CLASS COUNSEL OR AN ATTORNEY OF YOUR OWN CHOOSING
By Order of the District Judge of the 133rd Judicial District Court of Harris County, Texas