Huynh v. Sanchez et al

Filing 149

Order by Judge Lucy Koh Granting 139 Motion for Preliminary Approval; Denying as Moot 113 Administrative Motion; Denying as Moot 118 Motion in Limine; Denying as Moot 119 Motion in Limine; Denying as Moot 120 Motion in Limine; Denying as Moot 121 Motion in Limine. (Attachments: # 1 Exhibit Redline Copy of Amended Notice, # 2 Exhibit Redline Copy of Objection Form, # 3 Exhibit Clean Copy of Amended Notice, # 4 Exhibit Clean Copy of Objection Form)(lhklc2S, COURT STAFF) (Filed on 9/15/2016)

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NOTICE OF CLASS ACTION PROPOSED SETTLEMENT Thanh Huynh, et al. v. Katherine Harasz, et al. United States District Court, Northern District Of California Case No. 14-CV-02367 LHK You are receiving this notice because you are a class member in the above-captioned case according to the following class definition: “Santa Clara County Section 8 voucher holders who have disabilities and/or have family members with disabilities who (1) made a reasonable accommodation request to the Housing Authority of Santa Clara County (HACSC) for an additional bedroom between after July 1, 2013 and June 8, 2016, (2) had a documented and undisputed need for a separate bedroom, (3) were denied a disability-related increase in the number of bedrooms by HACSC, (4) were not previously granted a permanent reasonable accommodation request, (5) did not request the additional bedroom for a live-in caregiver or for storage of medical equipment, and (6) have a least one family member who is disabled.” AS A CLASS MEMBER YOU ARE HEREBY NOTIFIED that:    The Plaintiffs in this case filed a court case against HACSC and Katherine Harasz, in her official capacity as the Executive Director of HACSC on behalf of the class. The Plaintiffs have reached a proposed out-of-court settlement with HACSC and its Executive Director that will resolve all claims in this case. The attorneys for the Plaintiffs may receive attorneys’ fees and expenses from this settlement. This notice is to inform you about the settlement so you can make a decision about your legal rights. Deleted: , including you, Deleted: are receiving YOU HAVE SOME OPTIONS: DO NOTHING If you read the notice and decide you agree with the settlement and are satisfied with the amount of money damages listed in the chart in section 6(A), you don’t have to do anything. If the Court decides that the settlement is fair, then you will be bound by the agreement. MAKE A CLAIM Deleted: judge If you agree with the settlement and are claiming additional money damages based on homelessness, complete the “Claim Form” described in section 6(B). Deleted: ¶ OBJECT GO TO A HEARING If you read the notice and decide you do not agree with the settlement you can object. In order to object, you will have to send a completed “Objection Form” described in section 8 to the addresses on the form and let the Court know why you do not like the settlement generally or any term or terms of the settlement. The Court has set a date for a hearing at which you can tell her in person why you don’t think the settlement is fair. The date, time and location of the Fairness Hearing is described in section 9. Deleted: Judge Deleted: ¶ OPT OUT Deleted: ¶ If you do not wish to be part of the settlement you can decide not to receive the benefits of the settlement. In order to opt out of the settlement, complete the “Opt Out” described in Section 7 and send it to the addresses on the form. Deleted: Judge 1 QUESTIONS AND ANSWERS 1. Why am I receiving this notice? Federal law requires us to send you this notice because it is likely the settlement in this case will affect your legal rights. This notice will tell you about the court case, the proposed settlement we agreed to, and what to do if you agree or disagree with the settlement. You have a right to get this information and give your opinion before the Court decides whether or not to approve the proposed class settlement. The Court in charge of the case is the United States District Court of the Northern District of, California. United States District Court Judge Lucy Koh is the judge overseeing the case. Deleted: The Judge Deleted: Judge 2. What is this case about? In this case, seven (7) households (Plaintiffs) who have section 8 vouchers argued that HACSC violated the law because it did not increase their voucher size to accommodate the Plaintiffs or their family member’s disability. All of the Plaintiffs have persons who need a separate bedroom because of their disabilities. All of the Plaintiffs had documented that a separate room was necessary. 3. Why is this a class action? In a class action, one or more people called class representatives sue on behalf of all people who have similar claims (a “class”). The Class Representatives in this case are THANH HUYNH, VENUS BENABIDES; RUDY GARCIA; LYNDA GOMES; NICHOLAS WALLACE, a minor, by his guardian ad litem, LYNDA GOMES; LILLIE WARE, STEPHEN JONES a minor, by his guardian ad litem, LILLE WARE; DEHAB HAILE; and FREIHIWET TESFAMARIAM. Usually, class actions happen when the same issue affects a lot of people and it wouldn’t make sense for everyone to file their own lawsuit. 4. Why is there a settlement? The case did not get decided by the Court. Instead, the Plaintiffs and HACSC came to a settlement agreement. This does not mean that HACSC admits that they did anything wrong. The Plaintiffs and their attorneys think the settlement is fair and is in the best interests of everyone. 5. What are the terms of the settlement?   The settlement requires HACSC to change its policies related to disability-related reasonable accommodation requests for an additional bedroom subsidy. Specifically, HACSC agreed that it will no longer consider the living room as a bedroom when it is considering reasonable accommodation requests. The settlement also requires that HACSC staff receive training on this new policy. The settlement further provides that individuals with permanent disabilities that require their own bedroom will not have to periodically re-certify the need for the additional bedroom. You will be contacted by HACSC in writing with respect to your request for an additional bedroom and should you continue to need and request an additional bedroom, a determination will be made about whether your voucher will be changed to allow for the additional bedroom; when you are contacted by HACSC, you will be advised about your rights during this reasonable accommodation request process. The settlement awards money damages to everyone on the list below. The total amount of money damages for the class is $3,200,000. 2 Deleted: . Deleted: Judge   The money damages will be split up based on many factors including: how much a household’s rent increased without the voucher increase, when a household requested a reasonable accommodation, and whether a household became homeless because they did not get a voucher increased. The attorneys who represented the Plaintiffs will be awarded $712,500 for their work on the case. This amount is in addition to the damages mentioned above and will not come out of those damages. 6. How much should I expect to get? A. The chart below shows your minimum money damages amount by voucher number. Voucher No. Damages 000197212 $1,944 000197265 $21,941 000197500 $4,944 000197869 $17,090 000198260 $15,011 000199241 $7,623 000199332 $25,406 000199633 $7,933 000199728 $17,090 000199885 $11,531 000200103 $10,733 000200216 $25,406 100000284 $10,461 100000772 $17,783 100001249 $8,871 100001266 $11,797 100001346 $11,265 100001418 $11,265 C00100648 $5,358 C00101364 $19,862 C00101992 $23,327 C00103655 $7,982 C00103943 $6,248 C00104506 $11,047 C00104556 $25,406 C00105360 $9,994 C00111289 $13,297 C00113865 $9,137 C00114104 $4,710 C00118524 $10,999 C00120206 $9,403 C00123154 $5,358 C00131190 $24,020 Voucher No. Damages C00184801 $25,406 C00184977 $10,467 C00185000 $9,994 C00185071 $17,090 C00185237 $11,797 C00185416 $9,994 C00185576 $12,910 C00185657 $16,397 C00185672 $8,686 C00185675 $4,944 C00185864 $18,476 C00185915 $11,531 C00185932 $9,765 C00185990 $6,057 C00186111 $7,541 C00186176 $18,476 C00186189 $7,170 C00186221 $2,816 C00186249 $7,475 C00186546 $7,807 C00186648 $24,713 C00186754 $9,547 C00186762 $23,327 C00186791 $25,406 C00187039 $12,910 C00187137 $21,248 C00187326 $24,020 C00187546 $23,327 C00187569 $24,713 C00187778 $11,531 C00187861 $13,614 C00187885 $11,797 C00187906 $24,713 3 Voucher No. Damages C00190789 $11,088 C00191117 $916 C00191137 $9,994 C00191181 $10,733 C00191446 $8,605 C00191788 $9,403 C00191975 $25,406 C00192404 $9,403 C00192431 $25,406 C00192472 $25,406 C00192543 $9,137 C00192645 $21,248 C00192649 $6,788 C00192774 $15,704 C00192821 $5,682 C00192855 $25,406 C00192956 $9,536 C00192991 $24,020 C00193005 $3,831 C00193149 $9,994 C00193276 $16,397 C00193383 $12,910 C00193454 $9,935 C00193527 $11,422 C00193580 $10,798 C00193683 $11,797 C00193801 $24,020 C00193900 $11,531 C00193945 $20,555 C00194017 $4,158 C00194062 $14,318 C00194604 $21,941 C00195013 $9,669 C00132442 C00138302 C00147582 C00148321 C00149746 C00155002 C00155879 C00156783 C00157447 C00157713 C00183166 C00183490 C00183603 C00183671 C00183689 C00183889 C00184025 C00184314 C00184403 C00184407 C00184540 C00184546 C00184559 C00184698 C00184752 C00184784 $4,573 $11,531 $15,011 $25,406 $9,536 $14,318 $10,467 $15,704 $17,783 $7,170 $7,017 $24,713 $17,783 $23,327 $8,871 $8,605 $7,689 $25,406 $21,941 $9,994 $9,137 $24,020 $7,982 $9,536 $4,944 $25,406 C00187987 C00187998 C00188005 C00188029 C00188114 C00188171 C00188261 C00188275 C00188391 C00188488 C00188773 C00189132 C00189404 C00189683 C00189713 C00189784 C00189935 C00190028 C00190291 C00190316 C00190433 C00190482 C00190580 C00190606 C00190711 C00190729 $15,011 $9,994 $2,079 $2,442 $25,406 $5,358 $5,034 $11,797 $8,686 $8,605 $24,020 $20,555 $25,406 $24,713 $18,476 $5,358 $9,994 $22,634 $25,406 $21,941 $17,783 $17,783 $19,862 $9,994 $16,397 $6,574 C00195076 C00195214 C00195259 C00195445 C00195516 C00195606 C00195822 C00195975 C00196065 C00196230 C00196450 C00196455 C00196456 C00196529 C00283413 C00283858 C00285430 C00285884 C00289235 C00294397 C00185376 C00156977 C00190266 C00117495 C00193425 $24,020 $15,704 $9,078 $8,686 $24,713 $6,574 $9,702 $9,307 $8,686 $25,406 $22,634 $17,783 $9,307 $21,248 $8,073 $19,862 $2,079 $9,994 $10,798 $9,137 $24,020 $25,406 $24,713 $24,713 $20,555 If your voucher number is not on the list contact the claims administrator KCC at the number listed in section 14 below for more information. B. You may also be entitled to more money damages if you were homeless between July 1, 2013, and June 8, 2016. To make a claim for additional damages based on homelessness: 1. Complete the attached “Claim Form” and mail it to the address provided on the form. 2. Mail the “Claim Form” postmarked no later than ___________ 3. Carefully follow the instructions on the “Claim Form.” Deleted: November 7, 2016. Deleted: will C. You may get more money damages if not all of the class members collect their allocated damages. 7. What if I want to stay a part of the case but I don’t agree with some parts or all of the proposed settlement? You have a right to tell the Court your opinion on the proposed settlement. To do this you must: 1. Complete the attached “Objection Form” and mail it to the addresses provided on the form. 2. Mail the “Objection Form” postmarked no later than ___________. 3. Carefully follow the instructions on the “Objection Form.” Deleted: ¶ Formatted: List Paragraph, Indent: Hanging: 0.29", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.04" + Indent at: 0.29" Deleted: 7. Deleted: 8 Deleted: Judge Deleted: November 7, 2016 4 ... Deleted: 9 8. How do I object to the settlement in person? The Court will hold a Fairness Hearing on December 15, 2016, at 1:30 p.m. at the United States District Court, Northern District of California, Courtroom 8, 4th Floor, 280 South First Street, San Jose, California, 95112. At this hearing, the Court will consider whether the proposed settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing. We do not know when the Court will make a decision on the request to approve the settlement. 9. Do I have to come to the Fairness Hearing? Deleted: Judge Deleted: November 17, 2016 Deleted: Judge Deleted: Judge Deleted: Judge Deleted: Judge Deleted: 10 No. You only have to come to the Fairness Hearing if you want to object to the settlement in person. Remember, you can also submit your objection in writing by taking the steps above. 10. What happens if I do nothing at all? If you read the notice and decide you agree with the settlement, you don’t have to do anything. If the Court decides that the settlement is fair, then you will be bound by the agreement and will receive the minimum money damages discussed above. This also means that you cannot sue the Housing Authority in the future regarding this same issue. Deleted: Judge 11. Do I have an attorney in this case? Yes. The Court has appointed the Law Foundation of Silicon Valley to represent the Class. If you want to be represented by your own attorney, you can hire one at your own expense. Deleted: Judge Deleted: the law firms of Deleted: and Fish & Richardson 12. How will the attorneys be paid? Attorneys for the Class will request payment from the settlement of the case in an amount up to $712, 500. This amount is separate from the $3.2 million in damages awarded to the class. Deleted: You will not be required to pay the attorneys for their work on this case. 13. Where can I get more information? Deleted: the If you have questions about this Class Settlement or this Notice, contact KCC LLC, the claims administrator for this lawsuit. KCC’s address for this lawsuit is P.O. Box 40007, College Station, TX, 77842-4007. The toll free telephone number is (888) 685-2279. The complete terms of the settlement are at: You can also look the case up on the Court’s website here: Deleted: will be paid through Deleted: of Deleted: not taken Deleted: P Deleted: or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, at 280 South First Street, San Jose, California between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays ¶ 14. What if I am not sure if I am a member of the class? Deleted: the address and telephone number listed above in section 14. If you are not sure whether you are a class member, you can call the Claims Administrator KCC LLC at P.O. Box 40007, College Station, TX, 77842-4007. The toll free telephone number is (888) 685-2279. PLEASE DO NOT CALL THE COURT Deleted: ¶ 5 Formatted: Centered Deleted: ¶ ¶ 6

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