Panino’s Pizzeria FACTA Litigation Full Notice

Panino’s Pizzeria FACTA Litigation Full Notice

4113 MJM; SI189

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

ROBERT O’BRIEN and NICHOLAS MARTIN, )
Individually, and on behalf of all others similarly )
situated, )
)
Plaintiffs, )
)
v. ) No: 10 CV 2991
)
PIZZA PANINOS, INC. d/b/a PANINO’S )
PIZZERIA, an Illinois Corporation, and )
DOES 1-10, )
)
Defendants. )

NOTICE OF
CERTIFIED CLASS ACTION SETTLEMENT

To: All persons who used a credit or debit card at Panino’s Pizza in Chicago, IL between June 3, 2008 and May 29, 2010 — YOU ARE ELIGIBLE TO RECEIVE A DISCOUNT OF TEN PERCENT (10%) FROM THE TOTAL OF THE PRE-TAX PURCHASE PRICE OF ANY DINE-IN, CARRY OUT AND/OR DELIVERY PURCHASE TRANSACTION MADE FROM PANINO’S PIZZA IN CHICAGO, IL, as set forth below.

You have not been sued. This notice is intended to inform you about litigation that may affect your legal rights. Please read it carefully.

On behalf of the named plaintiffs and all members of the class, the United States District Court for the Northern District of Illinois (the “Court”) has preliminarily approved a settlement. This notice is not to be construed as an expression of any opinion by the Court with respect to the merits of the respective claims or defenses of the parties. Rather, this notice is sent merely to inform you of legal rights you may have with respect to the settlement.

I. Background Of The Litigation.

Robert O’Brien and Nicholas Martin, on behalf of all members of the class, (“Plaintiffs”) have alleged that Pizza Panino’s, Inc. d/b/a Panino’s Pizzeria (“Panino’s”) violated certain requirements imposed by the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, Plaintiffs claim that Panino’s printed the expiration dates of its customers’ credit or debit cards on guest receipts presented to them at Panino’s Pizza in Chicago, IL, 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 PLAINTIFFS 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 PROHIBITS THE DISPLAY OF CREDIT OR DEBIT CARD EXPIRATION DATES ON CREDIT AND DEBIT CARD RECEIPTS PRESENTED TO CUSTOMERS AT THE POINT OF SALE.

II. Current Status.

On May 13, 2011, the Court preliminarily approved the settlement for the class as fair, adequate, and reasonable. If finally approved, the settlement will certify a class that will bind the named plaintiffs and all absent class members who do not exclude themselves from the class.

Under the terms of the settlement, class members and any other members of the public making a dine-in, carry-out and/or delivery purchase transaction at or from the Defendant’s restaurant in Chicago, IL shall receive an automatic discount of ten percent (10%) from the total pre-tax purchase price during any or all of twelve (12) Sale Events to be held over the course of one calendar year at Panino’s Pizza in Chicago, IL.

The amount paid in this settlement reflects an evaluation of the claims and potential recovery, considering the facts as known to counsel after discovery and careful investigation, the likelihood of prevailing at trial, and the likelihood that this litigation, if not settled now, would be further protracted and involve complex issues of fact and law. The amount is also based upon an evaluation of the potential recovery available under FACTA.

Class counsel believes that the settlement is fair and reasonable and that the class members should accept this settlement. In light of the risks and expenses of litigation and Panino’s potential defenses, class counsel believes it is in the best interests of the class that the case be settled and that the settlement terms are fair and reasonable.

III. Effect Of Settlement On Class Members.

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. 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 named plaintiffs, 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 any claims against the released parties with respect to any credit or debit account information that was printed on a receipt presented to such class member at the point of sale during the class period (June 3, 2008 through May 29, 2010). A complete description of the released claims is available in the Court file maintained at the Dirksen Federal Building, 219 South Dearborn Street, Chicago, Illinois 60604.

IV. Exclusion From The Class.

If you do not wish to participate in this settlement, you must notify Class Counsel 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 Panino’s customer receipt. No class member may opt-out through an actual or purported agent or attorney acting on behalf of the class member unless a fully lawful power of attorney, letters testamentary or other comparable documentation or court order accompanies the request. Further, the letter must be postmarked on or before July 11, 2011, and must be addressed to the following: Thomas A. Zimmerman, Jr., ZIMMERMAN LAW OFFICES, P.C., 77 West Washington Street, Suite 1220, Chicago, IL 60602. Failure to opt-out by the deadline, or to follow the above procedures, will result in a class member being bound by any judgments and orders in this case.

V. Objections To The Settlement And Right To Intervene.

Only class members may object to the settlement, and persons who opt-out of the class may not object to the settlement agreement. If you wish, you may enter an appearance in the action personally or through your own attorney at your own expense. You may also seek to intervene if at any time you believe your interests are not being fairly and adequately represented by the class representative and class counsel.

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 July 11, 2011, 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.

On or before July 11, 2011, 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 plaintiffs’ class counsel and defense counsel at the following addresses:

Thomas A. Zimmerman, Jr.
Zimmerman LAW OFFICES, P.C.
77 West Washington Street
Suite 1220
Chicago, IL 60602

Mark J. Mickiewicz
Purcell & Wardrope, Chtd.
10 S. LaSalle Street, Suite 1200
Chicago, IL 60603

Objectors who fail to properly or timely file their objections with the Court, or to serve them as provided above, shall not be heard during the Fairness Hearing, nor shall their objections be considered by the Court.

VI. Final Fairness Hearing.

The District Court will hold a hearing to decide whether to approve the settlement. You may attend and you may be able to speak, but it is not required. The Fairness Hearing will be held at 10:00 a.m. on August 16, 2011 at the Court at the Dirksen Federal Building, 219 South Dearborn Street, Room No. 1812, Chicago, Illinois 60604. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections or requests to be heard, the Court may consider them at the hearing. Defendant has agreed to pay class counsel fees and costs in the amount of $35,000.00. The Court must approve this amount.

QUESTIONS AND ANSWERS

1. WHAT DO I NEED TO DO TO PARTICIPATE IN THE SETTLEMENT?

If you believe you are a member of the class and desire to participate in this settlement, you need only make a purchase (or multiple purchases) from Panino’s Pizza in Chicago, IL during any or all of the Sale Events which will be advertised in the Chicago Reader, in the restaurant itself, and on Panino’s website at http://www.paninospizzeria.com.

2. WHO REPRESENTS THE CLASS?

(a) Class Representative: The named plaintiffs are the class representatives and each named plaintiff alleges that he received a receipt from Panino’s at the point of sale that displayed the expiration date of his credit card.

The class representatives have assisted class counsel in coordinating the prosecution of this action and in providing information needed to pursue the claims of all class members. The class representatives will be applying for an incentive award of $2,000.00 each, which the Defendant has agreed to pay separately, and not from amounts available for class members.

(b) Class Counsel: In its order granting preliminary approval of the settlement and certifying the class for settlement, the District Court appointed Thomas A. Zimmerman, Jr., as class counsel to represent the named plaintiffs and to represent the interests of the absent class members.

3. WHERE DO I GET ADDITIONAL INFORMATION?

The foregoing is only a summary of the circumstances surrounding the litigation, the claims asserted, the class, the settlement, and related matters. You may seek the advice and guidance of your own private attorney, at your own expense, if you desire. For more detailed information, you may review the pleadings, records, and other papers on file in this litigation, which may be inspected during regular business hours at the Court at the Dirksen Federal Building, 219 South Dearborn Street, Chicago, Illinois 60604. If you wish to communicate with class counsel identified above, you may do so by writing to Thomas A. Zimmerman, Jr., ZIMMERMAN LAW OFFICES, P.C., 77 West Washington Street, Suite 1220,Chicago, IL 60602; alternatively, you may call the offices of the firm at (312) 440‑0020.

/s/ The Honorable Geraldine Soat Brown
United States Magistrate Judge

IF YOU HAVE ANY QUESTIONS OR CONCERNS, ADDRESS ALL INQUIRIES TO CLASS COUNSEL 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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