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BASIC INFORMATION

Why did I receive this Notice package?

The Court directed that you be sent this Notice because you were or are a customer of the City of East Point electric power utility between January 4, 2011 and the present.   You have a right to know about a certification of a class action lawsuit against Defendants, and about all of your potential options, before the claim proceeds any further in court.

This package explains the lawsuit and your legal rights, and who is eligible to participate in the lawsuit.

The Court in charge of the case is the Superior Court of Fulton County and the case is known as Joseph Johnson et al. v. City of East Point et al., Civil Action No. 2016-CV-269912.

Joseph Johnson, Bilal Muhammad, and Norman T. Urquhart, the persons who sued, are called the Plaintiffs and the entities they sued – City of East Point; Jannquell Peters individually and in her Official Capacity as Mayor of the City of East Point; Myron B. Cook individually and in his Official Capacity as Councilmember of the City of East Point; Alexander Gothard individually and in his Official Capacity as Councilmember of the City of East Point; Deanna Holiday individually and in her Official Capacity as Councilmember of the City of East Point; Stephanie Gordon individually and in her Official Capacity as Councilmember of the City of East Point; Karen Rene individually and in her Official Capacity as Councilmember of the City of East Point; Thomas Calloway individually and in his Official Capacity as Councilmember of the City of East Point; Nanette Saucier individually and in her Official Capacity as Councilmember of the City of East Point; Sharon Shopshire individually and in her Official Capacity as Councilmember of the City of East Point; Frederick Gardiner individually and in his Official Capacity as City Manager of the City of East Point; Lolita Grant individually and her Official Capacity as Finance Director of the City of East Point; and Andy Watson individually and his Official Capacity as Interim Director of the City of East Point Power Department.

What is this lawsuit about?

Plaintiffs allege that Defendants have collected erroneous amounts in the form of the Power Cost Adjustment and Economic Cost Recovery charges, the increased 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 City’s intentional, unlawful overpayments to the Municipal Electric Authority of Georgia to create a surplus used to pay general City expenses unrelated to the City’s electric power department, as well as other illegal and excessive electric utility charges and improper funds transfers between the City’s electric utility enterprise fund and the City’s general fund.

Defendants deny that they have done anything wrong.

Why is this a class action?

In a class action, one or more people called Class Representatives (in this case Plaintiffs Joseph Johnson, Bilal Muhammad, and Norman T. Urquhart) 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 Superior Court of Fulton County, Georgia is in charge of this class action.

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