Frequently Asked Questions

  1. Why did I receive this notice?
  2. What is this Settlement about?
  3. What does the Settlement provide?
  4. How will the “Net Settlement Fund” be used to compensate Class Members?
  5. How do I qualify?
  6. How is my Pro Rata Share calculated?
  7. How is the size of my Pro Rata Share determined?
  8. Can I exclude myself?
  9. Am I bound to the terms of the proposed settlement if I remain a class member?
  10. When is the Settlement Hearing?
  11. How do I obtain more information?
  1. Why did I receive this notice?

    You received a notice as you may be included in a class action settlement if you paid franchise fees to Delta Township for “Electric Service” between January 1, 2018 and June 30, 2020.

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  2. What is this Settlement about?

    A Settlement in the amount of $2,300,000 has been reached with the Township in a class action lawsuit titled Stephens v. Charter Township of Delta which challenges the “Franchise Fees” imposed by the Township on citizens whose properties receive electric service from the LBWL between January 1, 2018 and June 30, 2020.

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  3. What does the Settlement provide?

    For the purposes of the proposed Settlement, the Township expressly denies any and all allegations that it acted improperly,  but, to avoid litigation costs, the Township has agreed to create a settlement fund in the amount of Two Million Three Hundred Thousand Dollars ($2,300,000) for the benefit of the Class (the “Settlement Amount”).  The Settlement Amount will be used to pay refunds or provide credits to the class members, to pay attorneys’ fees, and pay expenses to carry out this litigation.

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  4. How will the “Net Settlement Fund” be used to compensate Class Members?

    Each Class Member will receive a pro-rata share of the Settlement Fund as reimbursement for Franchise Fees that were paid, which will be in the form of a cash refund or credit(s) to their account.

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  5. How do I qualify?

    To qualify to receive a distribution of cash via check (a “Payment”) from the Net Settlement Fund, Class Members are required to submit a claim no submit a claim no later than January 7, 2021.  The Claims-Escrow Administrator must receive your claim on or before January 7, 2021 in order for the claim to be timely.

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  6. How is my Pro Rata Share calculated?

    Only those Class Members who paid the LBWL for Electric Service during the Class Period and submit a timely Claim are entitled to distribution by a cash Payment of a Pro Rata Share of the Net Settlement Fund.  The Pro Rata Shares of the Net Settlement Fund for Class Members who/which do not submit a timely Claim will be distributed by the Claims-Escrow Administrator returning those funds to the Township at least three (3) days prior to the Settlement Date.

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  7. How is the size of my Pro Rata Share determined?

    The size of each Class Member’s Pro Rata Share shall be determined by (1) calculating the total amount of Electric Charges the Class Member paid during the Class Period and then (2) dividing that number by the total amount of Electric Charges the Township, through the LBWL, collected from Class Members during the Class Period and then (3) multiplying that fraction by the amount of the Net Settlement Fund.

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  8. Can I exclude myself?

    Class Members who wish to exclude themselves from the Settlement may write to the Settlement Administrator, stating that they do not wish to participate in the Settlement and that they wish to retain their right to file an action against the Township.  This proposed Settlement should not be interpreted, in any way, as suggesting that the claims alleged against the Township have legal or factual merit.  The Township has challenged the validity of Plaintiff’s claims. This request for exclusion must be received no later than January 7, 2021 and mailed to: 

     

    Kickham Hanley PLLC

    32121 Woodward Avenue; Suite 300

    Royal Oak, Michigan 48073

    or emailed to:

    khtemp@kickhamhanley.com

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  9. Am I bound to the terms of the proposed settlement if I remain a class member?

    By remaining a Class Member, you will be bound by the terms of the proposed Settlement and will be barred from bringing a separate action against the Township for the claims asserted in the Lawsuit at your own expense through your own attorney.  You will, however, receive your Pro Rata Share of the Net Settlement Fund via a Refund or Credit.  Again, however, where a Class Member does not have a current electric billing account, it will not be possible for the Township to apply any credit.  The only way for Class Members without current billing accounts to receive a portion of the Net Settlement Fund is for them to file claims.

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  10. When is the Settlement Hearing?

    Pursuant to the Order of the Court dated September 29, 2020, a Settlement Hearing will be held in the Eaton County Circuit Court, 1045 Independence Blvd., # 200, Charlotte, MI 48813 at 2:30 p.m. on February 18, 2021, to determine whether the proposed Settlement as set forth in the Settlement Agreement dated September 23, 2020, is fair, reasonable, and adequate and should be approved by the Court, whether the Lawsuit should be dismissed pursuant to the Settlement, whether counsel for Plaintiffs and the Class should be awarded fees and expenses, and whether the Class Representative should receive an incentive award.  If you wish to view the hearing remotely, you may view a live stream of the hearing on YouTube by visiting https://tinyurl.com/deltasettlement.  At the Settlement Hearing, any member of the Class may appear in person or through counsel and be heard to the extent allowed by the Court in support of, or in opposition to, the fairness, reasonableness and adequacy of the proposed Settlement.  However, no Class Member will be heard in opposition to the proposed Settlement, and no papers or briefs submitted by any such Class Member will be accepted or considered by the Court unless on or before January 7, 2021, such Class Member serves by first class mail written objections that set forth the name of this matter as defined in the Notice, the objector’s full name, address and telephone number, an explanation of the basis upon which the objector claims to be a Class Member, all grounds for the objection including any known legal support for the objection, the number of times in which the objector has objected to a class action settlement in the past five years and a caption of each case in which an objection was filed, the identity of all counsel representing the objector at the hearing, a statement confirming whether the objector intends to appear and/or testify at the hearing (along with a disclosure of all testifying witnesses) and the signature of the objector (not just the objector’s attorney) upon each of the following attorneys:

     

    Gregory D. Hanley

    Kickham Hanley PLLC

    300 Balmoral Centre

    32121 Woodward Ave., Suite 300

    Royal Oak, Michigan 48073

     

    Counsel for Plaintiff

     

    and

     

    John J. Gillooly (P41948)

    Garan Lucow Miller, P.C.

    1155 Brewery Park Blvd., Suite 200

    Detroit, Michigan 48207

     

    Counsel for Defendant

     

    and has filed said notice, objections, papers and briefs, as to the settlement with the Clerk of the Eaton County Circuit Court. Any Class Member who does not make and serve written objections in the manner provided above shall be deemed to have waived such objections and shall be forever foreclosed from making any objections (by appeal or otherwise) to the proposed Settlement.  For a more detailed statement of the matters involved in the Lawsuit, including the terms of the proposed Settlement, you are referred to papers on file in the Lawsuit, which may be inspected during regular business hours at the Office of the Clerk of Circuit Court for Eaton County, Michigan. You may also view the Settlement Agreement and other important court documents at www.kickhamhanley.com.

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  11. How do I obtain more information?

    For a more detailed statement of the matters involved in the Lawsuit, including the terms of the proposed Settlement, you are referred to papers on file in the Lawsuit, which may be inspected during regular business hours at the Office of the Clerk of Circuit Court for Eaton County, Michigan.  You may also view the Settlement Agreement and other important court documents at www.kickhamhanley.com.  Should you have any questions with respect to this Notice of the proposed Settlement or the Lawsuit generally, you should raise them with your own attorney or direct them to counsel for the Class, IN WRITING OR BY EMAIL TO:

    KHTEMP@KICKHAMHANLEY.COM, NOT BY TELEPHONE, identified as Attorneys for Plaintiffs, above.  DO NOT CONTACT THE COURT, THE CLERK OF THE COURT, THE DEFENDANT OR THE ATTORNEYS FOR DEFENDANT.

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