If you do not wish to participate in this Class and Settlement, you may opt out. By doing so, you will not be able to participate in the Settlement. You should consult with an attorney of your choice before making the decision to exclude yourself from the Class and Settlement. Your ability to successfully bring your own lawsuit against the Agency is very limited and you should make an informed decision as to your best course of action. For instance, if you opt out and bring your own lawsuit against the State of Michigan on this matter, you will find that the statute of limitations has passed to bring a claim against the State for the December 21, 2022, incident at the Hawthorn Center and such a claim will likely be dismissed.
Do not contact the Court for legal advice. Do not send your Opt-Out letter to the Court.
If you do not Opt Out of the Class and Settlement you will not be able to bring your own lawsuit for damages for harm caused by the “active shooter drill.” If you are eligible to be a class member and do not Opt Out, you will be bound by the Settlement. As a member of the Class, you will receive a set award for your injuries as described above. The final awards will be the only compensation you will receive because of the harm caused to you by the December 21, 2022, “active shooter drill.”
The Court has scheduled a Fairness hearing to take place October 4, 2024, at the State of Michigan Building Courtroom, 350 Ottawa NW, Grand Rapids, MI 49503, Phone: 517.373.0807, Email: CClerksOffice@courts.mi.gov.
At the Fairness Hearing, the court will review the entire Settlement and consider any timely Objections. Disbursements to claimants and payment of attorney fees will occur shortly after the Court has entered its order of final approval of the case.
If you do not Opt Out of the Class Action Settlement but disagree with the amount of the Settlement, the terms of the Settlement Agreement, the Plan of Allocation, or the award of attorney fees and administrative costs, you may file your Objection with the Court. If you Opt Out of the Class Action Settlement you may not file an Objection. The Court will review all timely objections at a Fairness Hearing. If you file a timely objection with the Court, you may be entitled to appear at the Fairness Hearing to address the Court regarding your objections. Class Counsel will not be permitted to represent you at the Fairness Hearing. You may hire an attorney at your own expense to present your objections to the Court.
Only timely written Objections will be considered by the Court. Your Objection letter should be addressed to Court using the Court’s contact information listed above. Your Objection can be delivered to the Court via US mail, hand delivered, or by overnight mail service and received by the Court by September 27, 2024. If sent by US mail, the envelope should clearly show it was deposited with the US Postal Service no later than September 27, 2024. A copy of your Objection filed with the Court should be delivered to Class Counsel and Counsel for the MDHHS via US mail, hand-delivery, overnight mail service through the HawthornClassAction.com website. Late Objections will not be considered by the Court.
Your Objection letter must be dated, refer to the Hawthorn Class Action, contain your complete contact information, and must describe which part of the settlement you are objecting to. You must state the reasons why you disagree with the part of the settlement you are objecting to.
You may exclude yourself from this Class and Settlement by 1) submitting a timely letter signed by you stating your wish to be excluded or 2) following the link below and providing your confirmation that you do not wish to participate in this settlement. Your right to exclude yourself from the Class and Settlement is often described as your “Opt Out” right. Your Opt Out letter should be addressed to Class Counsel and sent via US mail, hand delivered, overnight mail service, emailed, or submitted online at HawthornClassAction.com with an electronic signature and received no later than April 23, 2024. If sent by US mail, the envelope should clearly show it was deposited with the US Postal Service no later than April 23, 2024.