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SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY
IN RE GATEWAY PLAZA RESIDENTS LITIGATION
Index No. 651023/2014
Hon. Melissa A. Crane
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION TO: To all Persons who reside at Gateway Plaza, or resided at Gateway Plaza for any
period of time since April 1, 2008 (the “Class”).
Do you have a
YOU ARE HEREBY NOTIFIED that
a Fairness Hearing will be held on
March 2, 2020, at 11:00 a.m., before the
Honorable Melissa A. Crane, Justice of the
Supreme Court of New York, at the Supreme
Court, New York County, 71 Thomas Street,
New York, NY 10013. The Hearing is to consider
the Settlement of a lawsuit brought on behalf
of the Class defined above (the “Action”). The
purpose of the Hearing is to determine, among
other things: (1) whether the proposed Settlement
of the Claims in the Action for the sum of
$10,000,000 (the “Settlement Amount”) should
be approved by the Court as fair, reasonable and
adequate; (2) whether, thereafter, the Action
should be dismissed with prejudice; (3) whether
the Plan of Allocation of the Settlement Amount
is fair, reasonable, and adequate and should be
approved; (4) whether the application of Class
Counsel for the payment of attorneys’ fees
and reimbursement of expenses incurred in
connection with the Action should be approved;
and (5) whether a Compensatory Award should
be granted to Representative Plaintiffs.
If you reside at Gateway Plaza, or resided at
Gateway Plaza for any period of time since
April 1, 2008, you may be a Class Member and
your rights may be affected by the Settlement.
If you have not received a detailed Notice
of Pendency and Settlement of Class Action
and a copy of the Proof of Claim form, you
may obtain copies of the same by requesting
them from the Claims Administrator at
P.O. Box 4098, Portland, OR 97208-4098,
or by downloading these documents at
www.GatewayPlazaSettlement.com. You may
also download the Complaint in the Action and
the Stipulation of Settlement at the same site.
These documents are also available for review
at the Court. In case of further questions,
you may contact the Claims Administrator at
1-855-648-7655.
If you are a Class Member, in order to be eligible
to share in the distribution of the Settlement
Fund, you must submit a Proof of Claim no
later than April 16, 2020, establishing that you
are entitled to recovery. You will be bound by
any Final Judgment rendered in the Action
whether or not you make a Claim, unless you
request exclusion from the Settlement Class.
If you wish to request exclusion from the Class
you must do so in writing to be received by
the Claims Administrator at the above address
on or before January 31, 2020. If you request
exclusion from the Class, you will not participate
in the distribution of the Settlement Fund and you
will not be bound by the Judgment in the Action.
Any Class Member may file an objection to the
Settlement, the Plan of Allocation, request for
Attorneys’ Fees and costs, or Representative
Plaintiffs’ Compensatory Award so long as
the objection is submitted as to be received
on or before January 31, 2020, to each of
the following:
The Honorable Melissa A. Crane, NEW
YORK SUPREME COURT NEW
YORK COUNTY, 71 Thomas Street,
Room 303, New York, New York 10013
Jeffrey M. Norton, Esq., NEWMAN
FERRARA LLP, 1250 Broadway, 27th
Floor, New York, New York 10001,
(Class Counsel for Plaintiffs)
Peter Safirstein, Esq., SAFIRSTEIN
METCALF LLP, 350 5th Avenue, 59th
Floor, New York, New York 10118 (Class
Counsel for Plaintiffs)
and
Allan J. Arffa, Esq., PAUL, WEISS,
RIFKIND, WHARTON & GARRISON
LLP, 1285 Avenue of the Americas, New
York, New York 10019, (Counsel for
Marina Towers)
PLEASE DO NOT CONTACT THE COURT
REGARDING THIS NOTICE.
DATED: November 13, 2019
BY ORDER OF THE SUPREME COURT
OF THE STATE OF NEW YORK,
COUNTY OF NEW YORK
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