IF YOU WERE A TENANT AT THE FOREST RIDGE APARTMENTS LOCATED AT 12500 - 12600 SE RIVER ROAD, MILWAUKIE, OREGON FROM MARCH 1, 2021 THROUGH JUNE 30, 2022, YOU COULD RECEIVE A PAYMENT FROM A CLASS ACTION SETTLEMENT.
IMPORTANT DATES
December 6, 2023 - Deadline to Object to Settlement
December 6, 2023 - Deadline to Opt-Out of the Settlement.
January 22, 2024 - Final Approval Hearing
December 6, 2023 - Deadline to Opt-Out of the Settlement.
January 22, 2024 - Final Approval Hearing
A notice of Class Action Settlement and Final Approval Hearing and Instructions Regarding Receipt of Payment, Exclusion and Objection to Settlement (hereafter the "Class Notice") has been provided to you because, if you are a class member, your legal rights may be affected by the settlement of a class action lawsuit pending in the Clackamas County Circuit Court.
The case is brought against CIMT Investment Forest Ridge LLC (the "Defendant") regarding the Forest Ridge Apartments located at 12500-12600 SE River Road, Milwuakie, Oregon (the "Apartment Complex") alleging various violations of law related to the collection of utility fees at the Apartment Complex (the "Lawsiut"). The Defendant denies the allegations in the Lawsuit.
Please read the Class Notice carefully. The purpose of the Class Notice is to advise you about a proposed settlement of this Lawsuit (the “Settlement”) and how you are affected by the Settlement so that you may decide what steps to take in relation to it. The Class Notice will also explain how you will receive payment under the Settlement.
The parties have engaged in settlement negotiations and information exchanges. Following the parties’ negotiations, the parties have reached an agreement (the “Settlement Agreement”) providing for settlement of the Lawsuit. The Settlement Agreement affects all persons listed as a resident or tenant on a rental agreement for a dwelling unit at the Apartment Complex, whose tenancy was in effect during any part of March 1, 2021, through June 30, 2022, inclusive. Defined terms, other than those defined in this Class Notice, shall have the meaning set forth in the Settlement Agreement.
Class Counsel believe that the claims asserted in the Lawsuit have merit, but that the Settlement, described below, is in the best interests of Class Members. Class Counsel have evaluated information made available during in the course of the Lawsuit and settlement negotiations and have taken into account the risks and uncertainties of proceeding with this Lawsuit. Based upon their consideration of these factors, and the substantial time and expense that would be incurred in further pursuit of the Lawsuit, Class Counsel believes it is in the best interest of the Settlement Class to settle the Lawsuit and the Released Claims on the terms described below.
The Class Notice does not imply that there have been or would be any findings of violation of the law by Defendants or that recovery could be had in any amount if the Lawsuit were not settled.
The Settlement is described in the Class Notice, and the full text of the Settlement Agreement.
The following is a summary of pertinent provisions of the Settlement Agreement and is not a complete statement of the Settlement or of the Lawsuit. To take effect, the Settlement Agreement must be approved by the Court.
Your legal rights are affected whether you act or do not act. Please read the Notice carefully.
PLEASE DO NOT CONTACT THE COURT FOR INFORMATION.
The case is brought against CIMT Investment Forest Ridge LLC (the "Defendant") regarding the Forest Ridge Apartments located at 12500-12600 SE River Road, Milwuakie, Oregon (the "Apartment Complex") alleging various violations of law related to the collection of utility fees at the Apartment Complex (the "Lawsiut"). The Defendant denies the allegations in the Lawsuit.
Please read the Class Notice carefully. The purpose of the Class Notice is to advise you about a proposed settlement of this Lawsuit (the “Settlement”) and how you are affected by the Settlement so that you may decide what steps to take in relation to it. The Class Notice will also explain how you will receive payment under the Settlement.
The parties have engaged in settlement negotiations and information exchanges. Following the parties’ negotiations, the parties have reached an agreement (the “Settlement Agreement”) providing for settlement of the Lawsuit. The Settlement Agreement affects all persons listed as a resident or tenant on a rental agreement for a dwelling unit at the Apartment Complex, whose tenancy was in effect during any part of March 1, 2021, through June 30, 2022, inclusive. Defined terms, other than those defined in this Class Notice, shall have the meaning set forth in the Settlement Agreement.
Class Counsel believe that the claims asserted in the Lawsuit have merit, but that the Settlement, described below, is in the best interests of Class Members. Class Counsel have evaluated information made available during in the course of the Lawsuit and settlement negotiations and have taken into account the risks and uncertainties of proceeding with this Lawsuit. Based upon their consideration of these factors, and the substantial time and expense that would be incurred in further pursuit of the Lawsuit, Class Counsel believes it is in the best interest of the Settlement Class to settle the Lawsuit and the Released Claims on the terms described below.
The Class Notice does not imply that there have been or would be any findings of violation of the law by Defendants or that recovery could be had in any amount if the Lawsuit were not settled.
The Settlement is described in the Class Notice, and the full text of the Settlement Agreement.
The following is a summary of pertinent provisions of the Settlement Agreement and is not a complete statement of the Settlement or of the Lawsuit. To take effect, the Settlement Agreement must be approved by the Court.
Your legal rights are affected whether you act or do not act. Please read the Notice carefully.
PLEASE DO NOT CONTACT THE COURT FOR INFORMATION.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING |
Do nothing and the Court gives final approval. Receive a settlement check. If you are a class member and do nothing, then if the Court gives final approval to the settlement, you will receive a settlement payment commensurate with your individual circumstances, based on the number of tenants within your tenancy, the amount of rent you were charged, and the length of your tenancy. The approximate payment will be between $88.89 and $2,784.01. For more information on the settlement, please see the Detailed Notice and Stipulation, which are both available in the "Documents" page of this website. |
OBJECT TO SETTLEMENT |
Object to the settlement. Write to the Court with reasons why you do not agree with the Settlement. You must file your objection with the Court and deliver it to Class Counsel and Defendant's Counsel on or before December 6, 2023. You may also appear at the Final Approval Hearing on January 22, 2024 at 9:00 a.m. at the Clackamas County Courthouse located at 807 Main St., Oregon City, Oregon 97045. For more information on your right to object to the settlement, please see the Class Notice and Settlement Agreement available in the "Documents" page of this website as well as FAQ #10. |
REQUEST TO BE EXCLUDED FROM THE SETTLEMENT |
Request to be Excluded from the settlement. If you do not want to be part of the Settlement Class or to participate in the Settlement, you can exclude yourself (“opt-out”) by following the instructions here. You must opt-out by December 6, 2023 in order to preserve the claims you may have against Defendants that are being released or resolved as part of the Settlement. For more information on your right to opt out of the settlement, please see the Class Notice and Settlement Agreement available in the "Documents" page of this website as well as FAQ #11. |
ATTEND THE FINAL APPROVAL HEARING |
Attend the Final Approval Hearing. The Final Approval Hearing will be held on January 22, 2024 at 9:00 a.m. PST at the Clackamas County Circuit Court, Oregon City, Oregon 97045 to consider the final approval of this proposed Settlement. You are not required to appear at the hearing, but you may attend the hearing if you want to regardless as to whether you object to the settlement. |