Frequently Asked Questions

BASIC INFORMATION

1. Why did I get a notice?

Records indicate that you were a resident of Bromley Hall in or around March 2020 when residents were required and ordered to vacate Bromley Hall. The Court determined that you have a right to know about the proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to grant final approval of the Settlement. If the Court approves it, and after any objections and appeals are resolved, the benefits will be distributed in the manner described below.

This notice explains the Lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Court in charge of this case is the Circuit Court for Champaign County, Illinois, and the case is known as Orsi v. The Bromley Group of Companies, et al., No. 2021 L 00032. The person who sued is called the Plaintiff. Those against whom the suit was filed are the Defendants.

2. What is this Lawsuit about?

Plaintiff alleges that in mid-semester 2020 residents of Bromley Hall were required and ordered to vacate Bromley Hall but were not fully repaid or credited for the unused Room and Board for which they had already paid, but which they did not actually receive, from March 23, 2020, through May 15, 2020. Defendants deny that they did anything wrong.

3. Why is this a class action?

In a class action, one or more people, called Class Representatives (in this case Sophia Orsi), sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Circuit Court for Champaign County, Illinois, oversees this class action.

4. Why is there a Settlement?

The Court did not decide in favor of either Plaintiff or Defendant. Instead, after numerous documents, data, information and evidence was investigated and exchanged, both sides agreed to a Settlement. There are contested issues and by settling, the parties avoid uncertainty of a trial. The Class Representative and the attorneys believe the Settlement is best for everyone.

WHO IS IN THE SETTLEMENT

5. How do I know if I am part of the Settlement?

The Court decided that everyone who fits this description is a Settlement Class Member:

All Bromley Hall residents who were required and ordered to vacate Bromley Hall and were not fully repaid or credited for the unused Room and Board they paid for under the [Bromley Hall Room & Board] Agreement, but for which they did not actually receive Room and Board, during the period of March 23, 2020, through May 15, 2020.

The “Agreement” in this definition refers to the lease agreement residents signed with the Bromley Defendants.

THE SETTLEMENT BENEFITS—WHAT YOU GET

6. What does the Settlement provide?

Defendant has agreed to establish a settlement fund of $785,000. All Settlement Class Members who do not timely exclude themselves from the Settlement will receive a cash payment based on their unused Room and Board expense².

7. What can I get from the Settlement?

Room types and board (meal) plans varied. All Settlement Class Members who prepaid their Room & Board and do not timely submit a valid request to exclude themselves will receive a cash payment (paid by check) based on their respective unused Room and Board expense.

You will automatically receive a cash payment based on your unused Room and Board expense unless you timely submit a valid request to exclude yourself from this Settlement. See also paragraph number 11, below.

IF YOU HAVE MOVED, you should go to the settlement website or contact the Settlement Administrator to provide a current address where your payment should be sent.

8. When would I get my cash payment?

The Court will hold a hearing on September 16, 2024, to decide whether to approve the Settlement. If the Court approves the Settlement, there could be appeals afterward, which will take time to resolve. Please be patient.

9. What am I giving up if I get a cash payment under this Settlement?

Unless you exclude yourself, you are staying in the Settlement Class, and that means that you accept the benefits of the Settlement and cannot sue, continue to sue, or be part of any other lawsuit against Defendant about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you.

If you exclude yourself, you will not be legally bound by anything that happens in this Lawsuit and cannot receive any of the benefits of this Settlement.

THE LAWYERS REPRESENTING YOU

10. Do I have a lawyer in this case?

Yes. The Court has appointed John R. Malkinson and Seth R. Halpern, of Malkinson & Halpern, P.C., as “Class Counsel” to represent you and other Settlement Class Members. 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.

11. How will the lawyers be paid?

Class Counsel will ask the Court for attorneys’ fees of up to one-third of the settlement fund, and an additional amount for costs of litigation. This amount will be paid from the settlement fund. Up to now, Class Counsel has not been compensated for their time, or reimbursed for the expense, of litigating this lawsuit.

Additionally, Class Counsel will ask for a service award of $7500.00 for Sophia Orsi because she is the named Plaintiff who brought this Lawsuit on behalf of all Settlement Class Members. Service awards are commonly granted to recognize the efforts of plaintiffs in bringing and prosecuting lawsuits on behalf of others. The cost of administering the Settlement will also be paid from the settlement fund.

Individualized pro-rata reimbursement of settlement proceeds will be calculated and distributed to Class Members from the remaining settlement funds after payment of the foregoing fees and costs.

EXCLUDING YOURSELF FROM THE SETTLEMENT

12. How do I Exclude Myself from the Settlement?

You may exclude yourself from the Settlement mail. To exclude yourself online, please visit www.BromleyHallRoomandBoardSettlement.com. Online requests to exclude yourself from the Settlement must be submitted no later than August 16, 2024. To login access the Exclusion or Address Update portal, please use your SIMID and Last name as provided on your Email or Mail notice.

To exclude yourself by mail, you must submit a written statement stating: “I hereby request that I be excluded from the proposed settlement with the defendants in Orsi v. The Bromley Group of Companies, et al., No. 2021 L 00032.” The written statement must include your full name, mailing address, email address, and telephone number, and must be dated and signed.

A written request for exclusion must be mailed and postmarked no later than August 16, 2024, to:

Orsi v. Bromley Group of Companies
PO BOX 25226
Santa Ana, CA 92799

OBJECTING TO THE SETTLEMENT

13. Objecting to the Settlement?

You can object to the Settlement, or some part of it. You can give the reasons why you think the Court should not approve the Settlement. The Court will consider your views.

To object, you must send a letter stating that you object to the proposed Settlement in Orsi v. The Bromley Group of Companies, et al., No. 2021 L 00032. Be sure to include your full name, mailing address, email address, telephone number, and the specific reasons you object to the Settlement. You must also provide proof that you are a member of the Settlement Class, as defined above in question 5. If you have an attorney representing you in connection with this objection, identify who the attorney is, and whether they intend to appear at the Final Approval Hearing. Make sure to sign and date your objection. The objection must be postmarked no later than August 16, 2024, and sent to all three of the following:

14. What’s the difference between objecting and excluding?

Objecting is raising to the Court something you believe is wrong about the Settlement and explaining why. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

THE COURT’S FINAL APPROVAL HEARING

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

The Court will hold a Final Approval Hearing on September 16, 2024, at Champaign County Circuit Court c/o Judge Jason Bohm, 101 Ease Main St, Urbana, IL 61801. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel, and whether to grant the requests for a service award. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

16. Do I have to come to the hearing?

No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense if you choose. If you send an objection, you don’t have to come to Court to talk about it. As long as you mail your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

17. May I speak at the hearing?

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Orsi v. The Bromley Group of Companies, et al., No. 2021 L 00032.” You may include this notice in your written objection. Be sure to include your name, mailing address, email address, and telephone, and sign your letter. Your Notice of Intention to Appear must be postmarked no later than August 4, 2024, and be sent to:

Champaign County Circuit Court
c/o Judge Jason Bohm
101 East Main St.
Urbana, IL 61801

GETTING MORE INFORMATION

18. How do I get more information about the Settlement?

This notice summarizes the proposed Settlement. Full details are in the Settlement Agreement, which is available with other important documents on the Settlement website located on the Important Documents section. You may also contact the Administrator at (855) 239-3649.

PLEASE DO NOT WRITE OR TELEPHONE THE COURT, THE DEFENDANT, OR THE DEFENDANTS’ LAWYERS FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.

² As an added benefit of the proposed Settlement, a small number of residents who have not fully paid for their Spring Semester 2020 Bromley Hall Room & Board may receive a pro-rata credit on their outstanding balance with Bromley.