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Class Action Notices

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

MARY DUDZIENSKI v. GMRI, INC., CASE NO.: 07-CV-3911


NOTICE OF CERTIFIED
CLASS ACTION SETTLEMENT

To: All persons who used a credit or debit card at an Olive Garden restaurant located in the United States (the "Restaurants"); between December 4, 2006 and August 10, 2007 - YOU ARE ELIGIBLE TO RECEIVE A VOUCHER WHICH CAN BE USED TO PURCHASE AN APPETIZER, as set forth below.

Your rights may be affected by a lawsuit pending in the United States District Court for the Northern District of Illinois (the "Court"). Mary Dudzienski ("Plaintiff"), on behalf of all members of the class, has asserted that GMRI, Inc. ("GMRI") violated certain requirements imposed by the Fair and Accurate Credit Transactions Act ("FACTA"). Specifically, Plaintiff claims that GMRI printed more than the last five digits of its customers' credit or debit card numbers on receipts presented to them at the time of sale, in violation of FACTA, as specifically set forth in the Complaint on file and available at the Court at the Dirksen Federal Building, 219 South Dearborn Street, Chicago, Illinois 60604. NEITHER PLAINTIFF NOR ANY CLASS MEMBER HAS SUSTAINED ANY ACTUAL MONETARY INJURY AS A RESULT OF THE ISSUES IN DISPUTE IN THIS LITIGATION. HOWEVER, THE SETTLING PARTIES AGREE THAT FACTA REQUIRES THAT NOT MORE THAN THE LAST FIVE DIGITS OF CUSTOMER CREDIT AND DEBIT CARD ACCOUNT NUMBERS MAY BE PRINTED ON RECEIPTS PRESENTED TO CUSTOMERS AT THE POINT OF SALE.

Under the terms of the settlement, class members will be entitled to receive a Nine Dollar ($9.00) voucher that can be used for the purchase of an appetizer at any Olive Garden restaurant nationwide. The Settlement also imposes certain other requirements and limitations, which are set forth in detail in the Settlement Agreement. The Court has appointed Thomas A. Zimmerman, Jr., as class counsel to represent the Plaintiff and the interests of the absent class members. The Court will hold a hearing in this case on July 13, 2009 at 9:00 a.m. to consider whether to approve the settlement, a request by class counsel for attorneys' fees in the amount of $130,000, plus costs not to exceed $5,000, and a $2,500 incentive award to the Class Representative. Additionally, as part of this settlement GMRI will make a $5,000 payment to a charity approved by the Court.

If you would like to participate in the settlement and receive a voucher as described above, you can obtain a Voucher Claim Form by (a) mailing a request for a Voucher Claim Form to GMRI Class Action - Claims, GMRI FACTA Litigation Settlement, c/o Analytics, Inc., P.O. Box 2002, Chanhassen, MN 55317-2002; (b) calling toll free at 1-866-890-4862; or (c) downloading it from class counsel's website www.attorneyzim.com. You should completely fill out the Voucher Claim Form and mail it to the following address: GMRI Class Action Claims, GMRI FACTA Litigation Settlement, c/o Analytics, Inc., P.O. Box 2002, Chanhassen, MN 55317-2002. The Voucher Claim Form must be postmarked on or before June 4, 2009.

If you elect to be excluded from the class, you will not be bound by the terms and releases of the settlement or judgment of dismissal and orders in the above-captioned action, but you will not be entitled to share in the benefits or receive any relief from this settlement. Any class member who does not request to be excluded will automatically be included in this action as a member of the class represented by the Plaintiff, will be subject to and deemed to consent to the jurisdiction of the Court and its orders, and will be deemed to have released and thereafter be forever barred from asserting against the released parties any claims covered by the Settlement Agreement.

If you do not wish to participate in this settlement, you must notify the GMRI Class Action Administrator in writing of your intention to be excluded. Your election to opt-out must be signed by the class member opting-out and must contain the following information: (1) the name of the class member, (2) the current address of the class member, (3) the date signed, and (4) a copy of the Olive Garden customer's receipt(s). The letter must be postmarked on or before June 4, 2009 and must be addressed to the following: GMRI Class Action Exclusion Request, GMRI FACTA Litigation Settlement, c/o Analytics, Inc., P.O. Box 2002, Chanhassen, MN 55317-2002

Only class members may object to the settlement, and persons who opt-out of the class may not object to the Settlement Agreement. Any class member who wishes to be heard orally at the Fairness Hearing, or who wishes for any objection to be considered, must file a written notice of objection by June 4, 2009 and include the following information with the objection: (1) a statement of the desire to be heard at the Fairness Hearing and/or a statement of each objection asserted, (2) a detailed description of the facts underlying each objection (if any); and (3) a copy of any documents which the objector may offer during the Fairness Hearing, including a copy of the receipt giving rise to your claims.

The objector must file the above documents with the Clerk of the Court at the Dirksen Federal Building, 219 South Dearborn Street, Chicago, Illinois 60604, and serve notice of the objection to class counsel at Zimmerman Law Offices, P.C., 100 West Monroe Street, Suite 1300, Chicago, IL 60603, as well as defense counsel, at the following address: Richard M. Hoffman, Cohen, Salk & Huvard, P.C., 630 Dundee Road, Suite 120, Northbrook, Illinois, 60062.

This is only a summary of the circumstances surrounding the litigation, the claims asserted, the class, the Settlement, and related matters. For more detailed information, you may review a copy of the full Settlement Agreement, the pleadings, records, and other papers on file in this litigation, which may be inspected during regular business hours at the Court.

If you wish to communicate with class counsel, you may do so by writing to Thomas A. Zimmerman, Jr., Zimmerman Law Offices, P.C., 100 West Monroe Street, Suite 1300, Chicago, IL 60603; alternatively, you may call the offices of the firm at (312) 440-0020.

This notice is not to be construed as an expression of any opinion by the District Court with respect to the merits of the respective claims or defenses of the parties.

/s/The Honorable Blanche Manning,
United States District Judge

IF YOU HAVE ANY QUESTIONS OR CONCERNS, ADDRESS ALL INQUIRIES IN THE MANNER SET FORTH ABOVE. THE COURT AND THE CLERK WILL NOT ANSWER LEGAL QUESTIONS FROM INDIVIDUAL CLAIMANTS. BY ISSUING THIS NOTICE, THE COURT EXPRESSES NO OPINION AS TO THE MERITS OF ANY CLAIMS OR DEFENSES ASSERTED IN THIS CIVIL ACTION. PLEASE DO NOT CONTACT THE COURT.

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