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IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

If you were a customer of the City of East Point’s electric power utility during the period of January 4, 2011 to present, you could be a party to pending class action litigation.

You are not being sued.

A court authorized this Notice.

  • This is a class action brought on behalf of the Individual Plaintiffs and others similarly situated against the City of East Point pursuant to OCGA 48-5-380(c), for purposes of demanding refunds of the erroneous and illegal collection of taxes in the form of the allegedly illegal Power Cost Adjustment and Economic Cost Recovery charges, the amounts charged to the City’s electrical utility customers as a result of the City’s purported adoption of Proposal 2 on January 7, 2013, the Municipal Competitive Trust Refund Monies, as well as excessive electric utility charges and improper funds transfers between the City’s electric utility enterprise fund and the City’s general fund.

 

  • The Court has certified the class in this action. The Court has not decided in favor of Plaintiffs or Defendants as to the merits of the case. There has been no trial or ruling on the merits of the claim. The Class Certification does not mean that Defendants did anything wrong or that Plaintiffs’ claims lacked merit. This Notice does not imply wrongdoing by Defendants or lack of merit by Plaintiffs.

 

  • YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE READ THIS NOTICE CAREFULLY.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS CLASS ACTION

IF YOU PARTICIPATE IN THE CLAIM / DO NOTHINGNo action is required to participate in this Class Action. The Class Administrator is compiling information about the following:

The name and last known address of each class member who was a customer of the City of East Point’s electric power utility during the period of January 4, 2011 to present.

You have been identified as having been a customer of the City of East Point’s electric power utility during the relevant time period.

EXCLUDE YOURSELFThis is the only option that allows you to ever be part of any other lawsuit against Defendant over the claims made in this Class Action. Opting out is the only way to file your own individual lawsuit for the claims made in this Class Action.
  • These rights and options – and the deadlines to exercise them – are explained in this Notice.

 

  • No trial has taken place in this case, no determination of the merits of the claim has been made, nor has any settlement been reached. A payment will be made only if (a) the Plaintiffs obtain a final judgment in their favor at trial or by summary judgment or (b) the Court approves a settlement between the Plaintiffs and Defendants and enters a final judgment that is not appealed. If you do not want to participate in this Class Action, or if you want to keep the right to sue Defendants on your own about the legal issues in this case, then you must take steps to exclude yourself – sometimes referred to as “opting out” of the Class.

 

  • To exclude yourself from the Class, you must send a letter by first class mail or electronic mail (telephone requests will not be valid) stating that you want to be excluded from the Joseph Johnson et al. City of East Point et al. Class. Be sure to include your name, address, telephone number, and your signature. All requests for exclusion must be submitted individually and signed. No group, class or representative requests for exclusion will be accepted. Your exclusion request must be postmarked no later than March 20, 2018 and mailed via first class mail or email to:

For First Class Mail:   

HURT STOLZ, P.C.

ATTN: Johnson v. City of East Point Exclusions

345 West Hancock Avenue

Athens, Georgia 30601

 

For electronic mail (email):      eastpointexclusion@hurtstolz.com

 

If you ask to be excluded, you will not get any potential future settlement payment, and you cannot object to any potential future settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Defendants in the future.

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Watkinsville, Georgia 30677

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