Frequently Asked Questions
- Why is a notice being issued?
In 2022, Janelle Liggins filed a lawsuit against CIMT Forest Ridge Investment LLC, which is the Company that owns and operates the Forest Ridge Apartments located at 12500-600 SE River Road, Milwaukie, Oregon 97222 (the "Apartment Complex.") Liggins alleged that CIMT Forest Ridge Investment LLC committed various violations of law related to the charging and collection of utility fees at the Apartment Complex. Liggins sought to seek relief on behalf of other residents at the Apartment Complex for the same alleged violations. In July 2023, the Class Representatives and the Defendant proposed a settlement to the Court. The Court preliminary approved this Settlement. If the court gives final approval to the settlement, after any objections or appeals are resolved, Class Counsel will distribute payments to the Class Members as provided in the settlement. Class members now have the ability to object to this settlement.
Class members received a short notice via first class mail, but the more detailed notice regarding the settlement is available here. - What is this Lawsuit about?
Janelle Liggins was a tenant at the Apartment Complex, and filed this lawsuit claiming that her landlord there failed to follow Oregon law regarding the charging of utility or service charges. She sought to certify this lawsuit as a class action and to be appointed as class representatives. Their lawyers are Matthew Shepard and Brady Mertz, who are called Class Counsel. - What is a class action?
In a class action, one or more people called “class representatives” (in this case, Janelle Liggins) sue on behalf of others who may have similar claims. The lawsuit is intended to resolve the issues for all class members except for those who exclude themselves from the class. - Has there been a decision on the merits of the lawsuit?
No. The Court has not decided whether the Defendant did anything wrong or whether any class members are entitled to relief or damages. However, the Class Representative and the Defendant have agreed to propose a settlement, and the Court has given preliminary approval. - Why is there a settlement?
The Court did not decide in favor of the Plaintiffs or the Defendant. Instead, the parties negotiated a settlement that allows them to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Class Members to receive a cash settlement without further delay. The Class Representative and her attorneys think the settlement is best for the class members. - What does the settlement provide?
The settlement provides a cash payment to each class member commensurate with the class member's claim against the landlord. The Defendant will pay the class $195,000. After payment of estimated costs and attorney fees and an incentive award, the 103 class members will collectively receive $126,610.20. Individual payments to each class member will range from approximately $88.89 to $2,784.01, and the median payment will be approximately $1,245.48 - Do I have to do anything to receive a settlement payment?
No. If you are a class member, and the Court gives final approval to the settlement, you will receive a payment. You must cash the payment check within 180 days of its issuance, or your payment will be forfeited under the settlement, and will instead be paid to the Oregon State Bar for the funding of legal services provided through the Legal Services Program. - When will I get my payment?
The Court will hold a Final Approval Hearing on January 22, 2024 at 9:00 a.m. in the Circuit Court of Oregon for Clackamas County located at 807 Main St., Oregon City, OR 97045, to decide whether to approve the settlement. If the court does provide approval, the Defendant will make payment to Class Counsel within 30 days of final approval. Class Counsel will then mail individual checks to the class members. - How will Class Counsel be paid?
Class Counsel will petition the court for an award of attorney fees and expenses no later than November 15, 2023. Class Counsel will seek no more than $65,000 for attorney fees, which is one-third of the total recovery. Class Counsel currently estimated their reimbursable costs to be $889.80. In addition, Class Counsel have petitioned for Janelle Liggins to receive an incentive award of $2,500 for her role as class representative. - How do I tell the Court that I do not like the settlement?
Class members may object to the settlement if they do not like it or a portion of it. you can give reasons why you think the Court should not approve the settlement. The Court will consider your views before making a decision. To object, you must file with the Court and deliver copies to Class Counsel and the Defendant's Counsel a written letter or other document stating that you object to the settlement. Your objection letter or other document must include the following:
- A heading referring to the Case Number 22CV10680, pending before the Clackamas County Circuit Court in the State of Oregon and entitled “Liggins v. CIMT Forest Ridge LLC";
- A detailed written statement of the specific factual and legal basis for each objection, including why you have chosen to object;
- If you want to appear at the Final Approval Hearing—which is where the Court will determine whether to approve of the Settlement—a statement that you intend to appear, and the grounds or specific reasons for your desire to appear and be heard (you do not have to attend the Final Approval Hearing to object to the Settlement);
- A list of and copies of all documents that you may seek to use at the Final Approval Hearing, and a list of the names of any witnesses that you wantsto present at the Final Approval Hearing;
- If you are not represented by counsel, your court contact information, including your name, a mailing address, a telephone number, and an email address and a facsimile transmission number, if any, sufficient to enable the court to communicate with you and to enable any other party to the case to serve you under Oreogn Uniform Trial Court Rule 2.080(1); and
- If you are represented by counsel, counsel’s name, address, and telephone number. Any counsel representing you must file with the court a notice of
appearance and a memorandum in support of the objections, which memorandum shall contain any and all legal authority upon which you will rely and confirm whether the attorney intends to appear at the Final Approval Hearing. - Your objecting letter or other document must be filed with the Court no later than December 6, 2023. You must also deliver copies of your objecting letter or other document to Class Counsel and the Defendant's Counsel no later than December 6, 2023 at all of the addresses below.
Clerk of the Court |
Class Counsel |
Defendant's Counsel |
Clerk's Office Clackamas County Circuit Court 807 Main St. Oregon City, OR 97045 |
Brady Mertz PC Matthew G. Shepard 685 Church St. NE Salem, OR 97301 |
Brad Kraus Warren Allen LLP 10535 NE Glisan St Ste 200 Portland, OR 97220 |
11. How do I exclude myself from the Settlement Class?
You may choose to exclude yourself entirely from the Settlement Class and the Settlement, which means you will not receive any payment but that you will also not be bound by the other terms of the Settlement and you will be able to sue Defendant on your own about the same legal claims that are involved in this case, now or in the future, to the extent you have claims against Defendant. To exclude yourself you must submit a valid Request for Exclusion in written form which includes the following:
You may choose to exclude yourself entirely from the Settlement Class and the Settlement, which means you will not receive any payment but that you will also not be bound by the other terms of the Settlement and you will be able to sue Defendant on your own about the same legal claims that are involved in this case, now or in the future, to the extent you have claims against Defendant. To exclude yourself you must submit a valid Request for Exclusion in written form which includes the following:
- A heading referring to the Case Number 22CV10680, pending before the Clackamas County Circuit Court in the State of Oregon and entitled, “Liggins v. CIMT Investment Forest Ridge LLC";
- Your name and address;
- A clear statement that you wish to be excluded from the Settlement Class; and
- Your signature.
Class Counsel |
Defendant's Counsel |
Brady Mertz PC Matthew G. Shepard 685 Church St. NE Salem, OR 97301 |
Brad Kraus Warren Allen LLP 10535 NE Glisan St Ste 200 Portland, OR 97220 |
12. When and where will the court decide whether to approve the settlement?
The Court will hold a Final Approval Hearing on January 22, 2024 at 9:00 a.m. at the Clackamas County Circuit Court, which is located at 807 Main St., Oregon City, OR 97045. The Court will take into consideration any properly filed written objections an d may also listen to people who have asked to speak at the hearing.
13. Do I have to come to the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.
14. May I speak at the Final Approval Hearing?
Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in the Class Notice, as summarized in FAQ #10.
15. What happens if I do nothing?
If you are a class member, do nothing, and the Court approves the settlement you will receive a payment.
16. Are more detailed about the settlement available?
Yes. More details are in the settlement agreement and detailed notice, which are available here.
The Court will hold a Final Approval Hearing on January 22, 2024 at 9:00 a.m. at the Clackamas County Circuit Court, which is located at 807 Main St., Oregon City, OR 97045. The Court will take into consideration any properly filed written objections an d may also listen to people who have asked to speak at the hearing.
13. Do I have to come to the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.
14. May I speak at the Final Approval Hearing?
Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in the Class Notice, as summarized in FAQ #10.
15. What happens if I do nothing?
If you are a class member, do nothing, and the Court approves the settlement you will receive a payment.
16. Are more detailed about the settlement available?
Yes. More details are in the settlement agreement and detailed notice, which are available here.