Bartz Class Counsel filed an answer to Judge Alsup’s request for information and concern about the early opt out process before class notice has been sent.
Class Counsel says: (1) “The answer is Section 2 of the Plan of Allocation and Distribution (POA&D), Dkt. 401-1. That section expressly provides that ‘[o]pt-out requests and Claim Forms may be submitted to the Settlement Administrator any time after Preliminary Approval‘ (§ 2(d)), while direct notice would not be completed until ’59 days after Preliminary Approval.’ (§ 2(b)-(c)). Id (emphasis added).”
(2) “With respect to the Court’s concern about whether claimants have been apprised of their right to opt out, there is every reason to believe that they have. The claims period opened with the approved launch of the settlement website on October 2, 2025. Any Class Member who has submitted claims to date will have accessed the Claim Form through the website, which describes class members’ ‘Legal Rights and Options,’ including the option to ‘Exclude Yourself and all Rightsholders from the settlement (‘Opt Out’)” (emphasis added). The settlement website also apprises class members of their right to opt out in several other places: * * * “
A few more nuggets:
18,000 Have Joined the Class Settlement: “Between the extensive disclosures on the settlement website and the robust indirect notice campaign that drew traffic to the settlement website, Class Counsel is confident that the more than 18,000 Class Members who took the affirmative step of visiting the settlement website and completing the nine-section Claim Form were apprised of the right to opt out.”
Only 11 Class Members Have Opted Out So Far: “That the Settlement Administrator has already received exclusion requests—11 to date—is further confirmation.”
Every Class Member Even Those Who Filed a Claim for Money Can Still Opt Out: “In any event, all Class Members who have already submitted claims will receive direct mail and email notice detailing the opt-out right, and will still have the opportunity to submit an exclusion request any time before January 7, 2026.”
We will see if these answers allay Judge Alsup’s concerns about the opt out process. Add to this the controversy sparked by third-party law firm ClaimsHero’s attempt to secure mass opt outs from the settlement, the issue of the opt out process has suddenly become a major issue.
Bartz Class Counsel Answer
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