Frequently Asked Questions

  1. Why is there a Notice?
  2. What is this lawsuit about?
  3. Why is this a class action?
  4. Why is there a Settlement?
  5. How do I know if I am in the Settlement?
  6. What if I am still not sure if I am included in the Settlement?
  7. What does the Settlement provide?
  8. What can I get from the Settlement?
  9. What am I giving up to stay in the Class?
  10. How can I get a payment?
  11. When will I get my benefits?
  12. How do I get out of the Settlement?
  13. If I don’t exclude myself, can I sue the Defendants for the same thing later?
  14. If I exclude myself, can I still get a payment?
  15. How can I tell the Court if I do not like the Settlement?
  16. What is the difference between objecting and excluding?
  17. Do I have a lawyer in this case?
  18. How will the lawyers be paid?
  19. When and where will the Court decide whether to approve the Settlement?
  20. Do I have to come to the Hearing?
  21. May I speak at the Hearing?
  22. What happens if I do nothing at all?
  23. How do I get more information?
  1. Why is there a Notice?

    You have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement.
    The Court in charge of this case is the Honorable James C. Dever, III, a United States District Court Judge who was assigned this case, and the case is called Randi Milroy and Dan Williams v. Bell Partners, Inc., LSREF3 Bravo (Raleigh), LLC, d/b/a/ The Reserve at Lake Lynn; and Hudson Capital Weston, d/b/a Cary Reserve at Weston, Case No. 5:18-cv-516-D (United States District Court for the Eastern District of North Carolina). The individuals who sued are called the Plaintiffs or Class Representatives, and the companies being sued are called the Defendants.

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  2. What is this lawsuit about?

    The lawsuit alleges that the Defendants unlawfully charged complaint filing fees, sheriff service fees, and attorneys’ fees (“Eviction Fees”) when filing summary ejectment/eviction actions against their tenants. Plaintiffs also alleged that Defendants unlawfully threatened to charge Eviction Fees through written correspondence (the “Collection Letter”).

     
    The lawsuit brought four claims for relief: a violation of the North Carolina Residential Rental Agreements Act (N.C.G.S. § 42-46), a violation of the North Carolina Debt Collection Act (N.C.G.S. § 75-50 et seq.), a violation of the North Carolina Unfair and Deceptive Trade Practices Act (N.C.G.S. § 75-1.1 et seq.), and for declaratory judgment.

     
    The Defendants deny these claims, contend that they have numerous defenses to the action, and deny that class certification is required or appropriate.

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  3. Why is this a class action?

    In a class action, one or more people, called “Class Representatives,” sue on behalf of people who have similar claims. All these people are in a “Class” or “Settlement Class Members,” except for those who exclude themselves from the Class. The Honorable James C. Dever, III of the United States District Court for the Eastern District of North Carolina, is in charge of this class action.

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  4. Why is there a Settlement?

    The Defendants deny that they did anything wrong. Both sides want to avoid the cost of further litigation. The Court has not decided in favor of the Representative Plaintiffs or the Defendants. The Representative Plaintiffs and their attorneys think the Settlement is best for everyone who is affected. The Settlement provides the opportunity for Settlement Class Members to receive Settlement benefits.

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  5. How do I know if I am in the Settlement?

    There are two types of Class Members in this Action:

     
    A) Collection Letter Class Members

     
    You are a Collection Letter Class Member if you are a natural person who at any point between September 21, 2014 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you received a Collection Letter. Representative letters can be found within the Exihibs of the Settlement Agreement in Case Documents above.

     
    B) Eviction Fee Class Members

     
    You are an Eviction Fee Class Member if you are a natural person who at any point between September 21, 2014 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you were charged and paid Eviction Fees.

     
    Eviction Fee Class Members may also be Collection Letter Class Members if they meet the requirements of both Classes.

     
    Excluded from the Settlement Classes are: (1) employees, directors, officers, and agents of Defendants; (2) persons who timely and properly exclude themselves from the Settlement Classes as provided in this Notice; (3) anyone who has previously executed a written release that related to the collecting or threatening to collect Eviction Fees; and (4) the Court, the Court’s immediate family, and Court staff.

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  6. What if I am still not sure if I am included in the Settlement?

    If you are not sure whether you are a Settlement Class Member, or have any other questions about the Settlement Agreement, you should call the toll-free number, 1-866-727-6409.

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  7. What does the Settlement provide?

    The Settlement provides two types of benefits: Monetary Relief and Non-Monetary Relief. Monetary Relief means $2,750,000.00 in cash and $2,000,000.00 in Debt Relief. Non-Monetary Relief means the availability of the Consent Motion to Set Aside Judgment for Possession Pursuant to Rule 60(b)(6) and Stipulation of Dismissal. The Monetary Relief shall be used to pay all costs associated with the Settlement, including but not limited to:

    (a) the costs of notice and administration of the Settlement, including for a Settlement Notice and Settlement Administrator to process claims, objections, and opt-out requests;

    (b) the payment of valid approved claims;

    (c) attorneys’ fee awards (if any);

    (d) attorneys’ expenses and costs (actually incurred litigation expenses and other hard costs apart from fees);

    (e) service awards (if any) to the Representative Plaintiffs; and

    (f) any other expenses.

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  8. What can I get from the Settlement?

    A. Monetary Relief-Cash Fund

     
    If you are a member of the Collection Letter Class, you must submit a valid and timely Claim Form by clicking the File A Claim tab above or print it and mail it to the address below postmarked by April 27, 2021. If you submit such a Claim Form, you are eligible to receive $25.00 if you certify under penalty of perjury that you received a Collection Letter threatening that Defendants would assess Eviction Fees. You may be eligible to receive $25.00 per letter, up to $75.00, for each Collection Letter received. You must certify under penalty of perjury the number of Collection Letters received and provide the month and the year when those Collection Letters were received. To qualify for the maximum award amount, you must provide specific information about, and the months and the years of at least three of the Collection Letters you received.

     
    If you submit a valid and timely Claim Form, the amount you actually receive may be significantly different depending on how many valid claims are ultimately submitted by other Class Members. The available Settlement Fund will be distributed on a proportional basis once the Settlement becomes final. The Collection Letter Class has been allotted $100,000.00 of the Settlement Fund. The exact amount of compensation will be determined after administrative expenses, service award(s), and attorneys’ fees and costs are deducted.

     
    You must submit a valid Claim Form to obtain Collection Letter benefits.


    If you are a member of the Eviction Fee Class, you do NOT need to file a claim to obtain Eviction Fee benefits. Defendants’ records demonstrate how many instances in which you were charged and paid Eviction Fees to Defendants during the Relevant Time Period. Accordingly, each Eviction Fee Class Member may receive compensation of approximately $416.00 for each time the Eviction Fee Class Member was charged and paid Eviction Fees.

     
    If you are a member of the Eviction Fee Class, you may also be a member of the Collection Letter Class. You must submit a Claim Form if you want to obtain Collection Letter Class benefits in addition to Eviction Fee Class benefits for which you are eligible automatically as explained above.

     
    The available Settlement Fund will be distributed on a proportional basis once the Settlement becomes final, subject to the allotment available to the Collection Letter Class described above. The Eviction Fee Class has been allotted the remainder of the Settlement Fund and any unclaimed funds allotted to the Collection Letter Class. The exact amount of compensation will be determined after administrative expenses, service award, and attorneys’ fees and costs are deducted, and awards may be subject to a pro rata reduction if oversubscribed.

     
    You do not need to submit a Claim Form to obtain Eviction Fee Class cash benefits.

     
    B. Monetary Relief-Debt Relief

     
    In addition to the cash payments described above, Defendants agrees to waive all Outstanding Debt owed by Eviction Fee Class Members who resided at certain Defendants’ Properties. These properties are listed on Appendix A to the Settlement Agreement located in the Case Documents tab above. This benefit is automatically available to qualified Eviction Fee Class Members; you do not need to submit a Claim Form to obtain Debt Relief benefits.

     
    C. Non-Monetary Relief
    In addition to the Monetary Relief described above, any member of the Collection Letter Class and the Eviction Fee Class is eligible to request a Consent Motion to Set Aside Judgment for Possession Pursuant to Rule 60(b)(5) and Stipulation of Dismissal. This document will allow all Collection Letter Class and Eviction Fee Class Members to file a consent motion to remove a judgment for possession obtained by Defendants. It is each Class Members’ obligation to file the Consent Motion and Stipulation of Dismissal. Neither Defendants nor any of the properties managed by Defendants will be available to assist any Class Member with any aspect of this process.

     
    In order to quality for this Non-Monetary Relief, all Collection Letter Class
    and Eviction Fee Class Members must file a valid and timely Claim Form.

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  9. What am I giving up to stay in the Class?

    Unless you exclude yourself from the Settlement, you cannot sue the Released Persons, continue to sue, or be part of any other lawsuit against the Released Persons about the claims released in this Settlement. It also means that all of the decisions by the Court will bind you. The Released Claims and Released Persons are defined in the Settlement Agreement and describe the legal claims that you give up if you stay in the Settlement Class. 

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  10. How can I get a payment?

    A. Monetary Relief-Cash Payments
    Eviction Fee Class Members do not need to submit a claim to obtain Eviction Fee benefits. Defendants’ records will be used to determine your eligibility to participate in the Settlement. Eviction Fee Class Members are also members of the Collection Letter Class. As an Eviction Fee Class Member, you must submit a Claim Form as explained below if you want to obtain Collection Letter Class benefits in addition to Eviction Fee Class benefits for which you are eligible automatically.

     
    Collection Letter Class Members must complete and submit a timely Claim Form to be eligible to receive a payment. You can complete and submit your Claim Form by clicking the File A Claim tab above. The Claim Form can be downloaded from the Settlement Website, as well. You can also request a Claim Form be sent to you by sending a written request to the Settlement Administrator by mail or by email.

     
    B. Monetary Relief-Debt Relief
    Qualified Eviction Fee Class Members do not need to submit a claim to obtain Debt Relief benefits. This benefit will be automatically conferred to Eviction Fee Class Members who resided at certain Defendants’ Properties. These properties are listed on Appendix A to the Settlement Agreement located in the Case Documents tab above. 

    C. Non-Monetary Relief
    Collection Letter Class and Eviction Fee Class Members must submit a timely and valid claim to obtain the Consent Motion to Set Aside Judgment for Possession Pursuant to Rule 60(b)(5) and Stipulation of Dismissal.

     
    Claims may be mailed or emailed at the following addresses

     
    MAIL: Milroy, et al. v. Bell Partners, Inc., et al. Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501.

     
    EMAIL: info@ncbpstenantaction.com

     
    Please read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than April 27, 2021 or submit your Claim Form by clicking the File A Claim tab above by April 27, 2021.

     
    If you do not submit a valid Claim Form by the deadline, you will not receive a payment, and your claims will be extinguished.

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  11. When will I get my benefits?

    Benefits will be made after the Court grants “final approval” to the Settlement and after all appeals are resolved. If the Court approves the Settlement, there may be appeals. It’s always uncertain whether these appeals can be resolved and resolving them can take time.

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  12. How do I get out of the Settlement?

    To exclude yourself, you must mail or email the Settlement Administrator, including the following:

     
    a. A caption or title that identifies it as “Request for Exclusion in Milroy, et al. v. Bell Partners, Inc., et al., Case No. 5:18-cv-516-D”;

     
    b. Your full name and address; and

     
    c. A signed statement that you wish to be excluded from the Settlement.

     Your request for exclusion must be emailed or postmarked no later than April 27, 2021 to the Settlement Administrator at:

     
    SETTLEMENT ADMINISTRATOR
    Class Action Opt-Out
    Milroy, et al. v. Bell Partners, Inc., et al.
    Settlement Administrator
    P.O. Box 43501
    Providence, RI 02940-3501
    Email: info@ncbpstenantaction.com

     
    No person or entity may opt out on behalf of another Class Member.

     
    If you don’t include the required information or timely submit your request for exclusion, you will remain a Settlement Class Member and will not be able to sue the Released Persons about the claims in this lawsuit.

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  13. If I don’t exclude myself, can I sue the Defendants for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue the Defendants and Released Persons for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. If you properly exclude yourself from the Settlement Class, you shall not be bound by any orders or judgments entered in the Action relating to the Settlement Agreement.

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  14. If I exclude myself, can I still get a payment?

    No. You will not get any money from the Settlement if you exclude yourself. If you exclude yourself from the Settlement, do not send in a Claim Form asking for benefits.

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  15. How can I tell the Court if I do not like the Settlement?

    Any Class Member who does not timely and properly opt out of the Settlement may object to the fairness, reasonableness, or adequacy of the proposed Settlement under Federal Rule of Civil Procedure 23. Each Class Member who wishes to object to any term of this Agreement must do so, in writing, by filing a written objection with the Clerk of the Court and mailing it to Settlement Class Counsel, and counsel for Defendant.

     
    The written objection must include: (i) the objector’s name, address, and telephone number; (ii) the name of this Action and the case number; (iii) a statement of each objection; (iv) proof of class membership; and (v) a written brief detailing the specific basis for each objection, including any legal and factual support the objector wishes to bring to the Court’s attention and any evidence the objector wishes to introduce in support of the objection.

     
    If the objection is made through an attorney, the written objection must also include: (1) the identity and number of the Settlement Class Members represented by objector’s counsel; (2) the number of such represented Settlement Class Members who have opted out of the Settlement Class; and (3) the number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected. If the attorney intends to seek fees and expenses from anyone other than the objectors he or she represents, the attorney shall also file with the Court and serve upon Class Counsel and Defendants’ Counsel not later than fourteen days before the Fairness Hearing or as the Court may otherwise direct a document containing the following: (1) the amount of fees sought by the attorney for representing the objector and the factual and legal justification for the fees being sought; (2) a statement regarding whether the fees being sought were calculated on the basis of a lodestar, contingency, or other method; (3) the number of hours already spent by the attorney and an estimate of the hours to be spent in the future; and (4) the attorney’s hourly rate.

     
    Objectors must also make themselves available for deposition by counsel for the Parties between the time the objection is filed and a date no later than five (5) business days before the Fairness Hearing, and the objection must include the dates when the objector is available for deposition.

     
    Any Settlement Class Member who files and serves a written objection satisfying the requirements of this section, may appear at the Fairness Hearing, either in person or through personal counsel hired at the Settlement Class Member’s expense, to object to any aspect of the fairness, reasonableness, or adequacy of the Settlement. Class Members, or their attorneys, intending to make an appearance at the Fairness Hearing must deliver to Class Counsel and Defendants’ Counsel and have file-marked by the Court, no later than sixty days after the entry of the Preliminary Approval Order or as the Court otherwise may direct, a Notice of Intent to Appear. The Notice of Intent to Appear must: (1) state how much time the Settlement Class Member anticipates needing to present the objection; (2) identify, by name, address, and telephone number all witnesses the Settlement Class Member proposes to have testify; (3) summarize in detail the anticipated testimony of all such witnesses; (4) identify all exhibits the Settlement Class Member intends to offer in support of the objection; and (5) attach complete copies of all such exhibits.

     
    Your objection, along with any supporting material you wish to submit, must be filed with the Court, with a copy delivered to Class Counsel, Defendants’ Counsel and Settlement Administrator no later than, April 27, 2021 at the following addresses:

     

    CLASS COUNSEL

    DEFENDANTS’ COUNSEL

    COURT

    SETTLEMENT ADMINISTRATOR

    Scott Harris

    Patrick Wallace

    Whitfield Bryson LLP

    900 W. Morgan St

    Raleigh, NC 27603

    Kirk G. Warner

    Clifton L. Brinson

    Smith, Anderson, Blount, Dorsett, Mitchell &   Jernigan,  LLP

    150 Fayetteville St. Ste 2300

    Raleigh, NC 27601

    Counsel for Bell Partners, Inc.

    Clerk of Court

    United States District Court for the Eastern District of North Carolina

    310 New Bern Avenue #174

    Raleigh, NC 27601

    Milroy, et al. v. Bell Partners, Inc., et al.

    Settlement Administrator

    P.O. Box 43501

    Providence, RI 02940-3501

     

    Edward H. Maginnis

    Karl S. Gwaltney

    Maginnis Law, PLLC

    4801 Glenwood Ave, Ste 310

    Raleigh, NC 27612

    Patrick L. Robson

    Hunton Andrews Kurth, LLP

    200 Park Ave

    New York, NY 10166

    Counsel for LSREF# Bravo (Raleigh), LLC

     

     

     

    Joseph S. Dowdy

    Phillip A. Harris, Jr.

    Kilpatrick, Townsend & Stockton, LLP

    4208 Six Forks Rd, Ste 1400

    Raleigh, NC 27609

    Counsel for Hudson Capital Weston, LLC

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  16. What is the difference between objecting and excluding?

    Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

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  17. Do I have a lawyer in this case?

    Yes. The Court has appointed “Class Counsel” as designated in Question 15 of this Notice to represent the Settlement Classes.

     
    You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  18. How will the lawyers be paid?

    Class Counsel intends to file a motion on or before June 1, 2021 seeking an award up to $1,306,250.00 (27.5%) of the Monetary Relief (includes the Cash Fund and Debt Relief) in fees, as well as a service award in the amount of $2,500.00 each for the Representative Plaintiffs (total of $5,000.00), to be drawn from the Settlement Fund. The Court will determine the amount of fees and expenses, and service awards. 

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  19. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Fairness Hearing on August 6, 2021 at 1:00 p.m. before James C. Dever, III, United States District Court Judge, in Courtroom No. 1, located at United States District Court for the Eastern District of North Carolina, North Carolina.

     
    At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider how much to pay Class Counsel and the Representative Plaintiffs. If there are objections, the Court will consider them at this time. After the Hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

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  20. Do I have to come to the Hearing?

    No. Class Counsel will answer any questions that the Court may have, but you may come at your own expense. If you submit an objection, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time to the proper addresses, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

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  21. May I speak at the Hearing?

    Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intent to Appear.” Your request must be filed with the Clerk of the Court and served on Class Counsel and Defendants’ Counsel no later than April 27, 2021.

     
    Any such request must state the name, address, and telephone number of the Class Member, as well as the name, address, and telephone number of the person that shall appear on his or her behalf. Any request for appearance that fails to satisfy these requirements, or that has otherwise not been properly or timely submitted, shall be deemed ineffective and a waiver of such Class Member’s rights to appear and to comment on the Settlement at the Fairness Hearing. Only the Parties, Settlement Class Members, or their counsel may request to appear and be heard at the Fairness Hearing. Persons or entities that opt out may not request to appear and be heard at the Fairness Hearing.

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  22. What happens if I do nothing at all?

    If you are a Collection Letter Class Member and do nothing, you will not get a payment from the Settlement. Unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Persons about the legal issues in this case, ever again.

     
    If you are an Eviction Fee Class Member and do nothing, you will receive a payment as described above. You won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Persons about the legal issues in this case, ever again.

     
    Qualified Eviction Fee Class Members who do not file a timely and valid Claim Form shall still receive the Debt Relief.

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  23. How do I get more information?

    This Notice summarizes the proposed Settlement. For additional information contact the Settlement Notice & Settlement Administrator:

     
    MAIL: Milroy, et al. v. Bell Partners, Inc., et al. Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501.

     
    EMAIL: info@ncbpstenantaction.com

     
    TOLL-FREE: 1-866-727-6409

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