Important Dates & Deadlines
Below are key dates and deadlines to be aware of in this matter
Claim Filing Deadline
This is the only way you may receive benefits from this Settlement.
Exclusion Deadline
You may opt out of the Settlement by February 7, 2025. To opt out, you must send a letter or postcard via U.S. mail to the address below that contains the following information:
- Your full name, address, telephone number, and signature;
- The words “Requests for Exclusion” at the top of the document or a clear statement of your intent to be excluded from the Settlement Class and Settlement.
You should also include the following in your letter or postcard: the name of this Litigation, or a decipherable approximation (Everingham, et al. v. Arcadia Publishing Inc., Case No. 2:24-cv-00487-DCN).
You must mail your opt-out request via First-Class postage prepaid U.S. Mail, postmarked no later than February 7, 2025 to:
Everingham, et al. v. Arcadia Publishing, Inc.
Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
Objection Deadline
You may object to any part of the proposed Settlement in writing. You may also appear at the Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney.
All notices of an intent to object to the Class Settlement Agreement must be written and should include all of the following:
a) The name of this Litigation (Everingham, et al. v. Arcadia Publishing Inc., Case No. 2:24-cv-00487-DCN);
b) Your full name, current mailing address, and telephone number;
c) The specific reasons for your objection or objections;
d) Copies of any documents supporting your objection;
e) A statement indicating whether the objection applies only to you, a subset of the Settlement Class, or the entire Settlement Class;
f) The name and bar number of your attorney (if you hired one to represent you in your objection);
g) A statement indicating whether you or your attorney intend to appear at the Fairness Hearing; and
h) Your original signature or the signature of the attorney representing you (if any).
Completed objections must be submitted via postal mail to the Court at the following address, or by utilizing the Court’s Electronic Case Filing System (CM/ECF). The objection must be filed with the Court and postmarked if mailed no later than February 7, 2025.
Clerk of the Court
United States District Court
P.O. Box 835
Charleston, SC 29402
Final Approval Hearing
The Court will hold a Final Approval Hearing (also called the Fairness Hearing) at April 7, 2025, 11 am, at the United States Courthouse for the District of South Carolina, Charleston Division, located at 85 Broad Street, Charleston, South Carolina 29401, before Judge David C. Norton. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and Class Counsel’s application for attorneys’ fees, costs and expenses, and service awards. If there are objections, the Court will consider them. The Court may choose to hear from people who have asked to speak at the hearing. At or after the hearing, the Court will decide whether to approve the Settlement. There is no deadline by which the Court must make its decision.
The Court may reschedule the Fairness Hearing or change any of the deadlines described in this notice. The date of the Fairness Hearing may change without further notice to the Settlement Class Members. Be sure to check the website, www.ArcadiaPublishingSettlement.com for updates.