Marengo v. Miami Research Associates, LLC

United States District Court for the Southern District of Florida
Case No. 1:17-cv-20459- JLK (S.D. Fla.)

If you received a text message from MRA relating to the flu study between June 1, 2016 and February 1, 2017, you may be entitled to benefits under a Class Action Settlement.

Important Dates

March 17, 2018 - Deadline to Submit a Claim Form

March 17, 2018 - Deadline to Exclude/Opt-Out of the Settlement

March 17, 2018 - Deadline to Object to the Settlement

March 27, 2018 at 10:30 AM - Final Hearing

Plaintiff alleges that Miami Research Associates, LLC (“MRA”) sent text messages without prior express consent or express written consent in violation of the Telephone Consumer Protection Act (“TCPA”). MRA denies Plaintiff’s allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or MRA’s defenses. By entering into the Settlement, MRA has not conceded the truth or validity of any of the claims against it.

MRA has agreed to make payments to the Settlement Class Members (defined below) and pay for attorneys’ fees and expenses and the Incentive Payment to Plaintiff (the “Settlement Fund”) to fully settle and release claims of persons for whom MRA may have sent text messages relating to an investigational bird flu vaccine study (the “Settlement Class Members”).

The Court has certified this case as a class action for settlement purposes only. The Settlement Class is defined as:

All persons (i) identified in the Settlement Class List (ii) who received a text message from MRA relating to the flu study (iii) between June 1, 2016 and February 1, 2017. Persons meeting this definition are referenced herein collectively as the “Settlement Class,” and individually as “Settlement Class Members.”

Notwithstanding the foregoing, this class specifically excludes persons in the following categories: (A) individuals who are or were during the Class Period officers or directors of MRA or any of its respective affiliates; (B) the district judge and magistrate judge presiding over this case, the judges of the United States Court of Appeals for the Eleventh Circuit, their spouses, and persons within the third degree of relationship to either of them; and (C) all persons who file a timely and proper request to be excluded from the Settlement Class in accordance with Section III.D. of the Settlement Agreement.

The Settlement Fund shall be used to pay all amounts related to the Settlement, including payment of $130 each to Settlement Class Members who submit a valid and timely claim form to receive payment (“Claim Form”), attorneys’ fees and reasonable expenses approved by the Court not to exceed $390,000, an Incentive Payment for Plaintiff approved by the Court not to exceed $7,500.

Your rights and options, and the deadlines to exercise them, are explained in the Notice. Your legal rights are affected whether you act or don’t act. Read the Notice carefully.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.

Summary Of Your Options And Legal Rights In This Settlement

SUBMIT A CLAIM FORM

If you submit a valid Claim Form by March 17, 2018, you will receive a payment and will give up your rights to pursue or continue to pursue a Released Claim, as defined in the Settlement Agreement, against MRA and/or any other Released Parties. Claim Forms may be submitted by mail to the Claims Administrator at Marengo v. MRA, c/o Claims Administrator, 1801 Market Street, Suite 660, Philadelphia, PA 19103.

Click here to learn more about submitting a Claim Form.

EXCLUDE YOURSELF OR “OPT-OUT” OF THE SETTLEMENT

If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue or continue to pursue a Released Claim against MRA and/or other Released Parties on your own. The deadline for excluding yourself is March 17, 2018.

Click here to learn more about excluding yourself from the Settlement Class.

OBJECT TO THE SETTLEMENT

You may write to the Court about why you believe the Settlement is unfair in any respect. The deadline for objecting is March 17, 2018. To obtain a benefit from this Settlement, you must still submit a Claim Form. If you only submit an objection, you will not receive any benefit from the Settlement and you will give up your rights to pursue or continue to pursue a Released Claim against MRA and/or any other Released Parties.

Click here to learn more about objecting to the Settlement.

DO NOTHING

If you do nothing, you will not receive any monetary award and you will give up your rights to pursue or continue to pursue a Released Claim against MRA and/or any other Released Parties.

Click here for information relating to what rights you are giving up.

GO TO THE FINAL APPROVAL HEARING

You may ask to speak in Court about the fairness of the Settlement, if you object to the Settlement. To speak at the Final Approval Hearing, you must comply with the requirements set forth in FAQ 21 no later than March 17, 2018.


MAIL:
Marengo v. MRA Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103

EMAIL: MRAsettlement@administratorclassaction.com

CALL TOLL-FREE: 1-877-235-4599



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