BASIC INFORMATION

WHY WAS A NOTICE ISSUED?

A Court authorized the Notice because you have a right to know about a proposed settlement of these class actions, including the right to claim money, and about all of your options, before the Court decides whether to give “final approval” to the Settlement. If the Court approves the parties’ Stipulation of Settlement (“Settlement Agreement”), and after any appeals are resolved, payments will be made to those who qualify and submit a valid claim. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for them, and how to get them.

Judge Eric A. Richardson in the State Court of Fulton County, Georgia, is overseeing these class actions. The cases are known as Mentewab Ayalew et al. v. Castle Parking Solutions, Case No. 17EV004017, and Kerington Youmans et al. v. Castle Parking Solutions, Case No. 19EV001823. The people who sued are called the “Plaintiffs,” and the company they sued is called the “Defendant.”

 

WHAT ARE THESE LAWSUITS ABOUT?

The lawsuits claim that Castle Parking unlawfully booted vehicles from lots in Decatur, Georgia, and Atlanta, Georgia. Castle Parking has maintained that it lawfully and properly booted vehicles, and has denied all allegations that it acted wrongfully or unlawfully.

 

WHAT IS A BOOTING?

Booting is the method of attaching a devise to a wheel or tire of a parked vehicle to prohibit the vehicle’s movement or operation.

 

WHY IS THIS A CLASS ACTION?

In a class action, one or more people called “Class Representatives” (in this case Mentewab Ayalew, Jim McAnnaly, Kerington Youmans, and Denise Gatewood) 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.

 

WHY IS THERE A SETTLEMENT?

The Court did not decide in favor of the Plaintiffs or Castle Parking, and has not found that Castle Parking did anything wrong.  Instead, both sides agreed to settle. That way, they avoid the cost of a trial and potentially an appeal, and the people who qualify will get compensation. The Class Representatives and their attorneys think the Settlement is best for all Class Members. The Settlement does not mean that Castle Parking did anything wrong, no trial has occurred, and no merits determinations have been made.

 

WHO IS IN THE SETTLEMENT

HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

The Class includes everyone who was booted by Castle Parking in Atlanta, Georgia or Decatur, Georgia at a Non-Compliant Lot from October 10, 2014, to October 10, 2019. Information as to Compliant versus Non-Compliant Lots can be found HERE. To qualify as a potential class member you must have been booted from a Non-Compliant Lot prior to the lot becoming compliant. Further, to qualify as a potential class members you must have been driving the vehicle that was booted and personally paid the booting fee.

 

ARE THERE EXCEPTIONS TO BEING INCLUDED?

You are not included in the Settlement if you (1) exclude yourself from this case; (2) were not booted by Castle Parking in Atlanta, Georgia or Decatur Georgia; (3) were booted by Castle Parking prior to October 10, 2014, or after October 10, 2019; or (4) were booted from a Compliant Lot. Additionally, Castle Parking, all present or former officers, directors, employees, partners, principals, shareholders and/or agents of Castle Parking; any employees, officers, or directors of Castle Parking’s insurers; members of the judiciary and their staff to whom these lawsuits are assigned; Class Counsel and their immediate family; Castle Parking’s counsel of record and their immediate family; Castle Parking’s insurers’ counsel and their immediate family; and all Persons who make a timely election to be excluded from the Settlement Class are not included in the Settlement.

 

UNDERSTANDING CLASS MEMBERSHIP

This series of questions may also help you determine if you are a Class Member. Please answer all of the questions in order.

 

Question

Yes

No

Did you have a vehicle you were driving booted by Castle Parking?

Continue

You are not a Class Member.

Did the booting occur between October 10, 2014, and October 10, 2019?

Continue

You are not a Class Member.

Was the address where the booting occurred in Atlanta, Georgia or Decatur, Georgia?

Continue

You are not a Class Member.

Did the booting occur at a Non-Compliant Lot?

Continue

You are not a Class Member.

Did you personally pay Castle Parking to have the boot removed?

You could be a Class Member.

You are not a Class Member.

 

I'M STILL NOT SURE IF I'M INCLUDED

If you are not sure whether you are included in the Class, you should submit a Claim Form before August 2, 2022

 

THE SETTLEMENT BENEFITS – WHAT YOU GET IF YOU QUALIFY

WHAT DOES THE SETTLEMENT PROVIDE?

The Settlement will pay to compensate eligible Class Members for Castle Parking’s alleged unlawful booting of vehicles at certain Non-Compliant Lots in Atlanta, Georgia and Decatur, Georgia.

 

HOW MUCH WILL PAYMENTS BE?

Payments to eligible Class Members will be no more than $45.00 per claim, and is subject to revision based on the amount of claims submitted. If the amount of claims submitted exceeds the Subclass Settlement Fund, the settlement amount per Class Member will amount to the total number of submitted claims divided by the applicable Subclass Settlement Fund.

 

HOW TO GET A PAYMENT – SUBMITTING A CLAIM FORM

HOW CAN I GET PAYMENT?

The Settlement will pay to compensate eligible Class Members for Castle Parking’s alleged unlawful booting of vehicles at certain Non-Compliant Lots in Atlanta, Georgia and Decatur, Georgia.

To ask for a payment, you must complete and timely submit a Claim Form. You can get a Claim Form HERE. You’ll need to attach any documents that you have showing that your vehicle was booted by Castle Parking during the class period, that your vehicle was booted from a Non-Compliant Lot in Atlanta, Georgia or Decatur, Georgia, and that you paid Castle Parking to remove the boot from your vehicle. See Section 3 of the Claim Form for more details on the required documentation. Please read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than, August 2, 2022 to:

Castle Parking Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
Bootingclassaction@atticusadmin.com

 

WHEN WILL I GET MY PAYMENT?

The payments will be mailed to eligible Class Members who send in valid Claim Forms on time, after the Court grants “final approval” of the Settlement, any appeals are resolved, and the claims administration process described in paragraphs 53-55 of the Settlement Agreement is completed.  If Judge Richardson approves the Settlement after a hearing on May 4, 2022 (see the section “The Court’s Settlement Final Approval Hearing” below), there may be appeals. It’s always uncertain whether these appeals can be resolved and resolving them can take time.  Please be patient.

 

WHAT IF I DISAGREE WITH MY ELIGIBILITY OR THE AMOUNT OF MY PAYMENT?

There is a process in the Settlement to resolve disagreements between you and Castle Parking over whether you are eligible and how much money you should get. You will get further details in the letter you receive about your settlement claim. The Settlement Agreement available HERE also provides more information. 

 

WHAT AM I GIVING UP TO GET A PAYMENT OR STAY IN THE CLASS?

Unless you exclude yourself, you are staying in the Class, and that means that you cannot individually sue Castle Parking over the claims settled in these cases. It also means all of the Court’s orders will apply to you and legally bind you. If you submit a Claim Form, or simply stay in the Class, you will agree to “release and discharge” Castle Parking as described in Section VI of the Settlement Agreement. A complete copy of the Settlement Agreement can be obtained HERE. The Settlement Agreement specifically describes the released claims in necessarily accurate legal terminology. Talk to Class Counsel (See the section on “The Lawyers Representing You”) or your own lawyer if you have questions about the released claims or what they mean.

 

EXCLUDING YOURSELF FROM THE SETTLEMENT 

HOW DO I GET OUT OF THE SETTLEMENT?

To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from Mentewab Ayalew et al. v. Castle Parking Solutions, Case No. 17EV004017 (Decatur) or Kerington Youmans et al. v. Castle Parking Solutions, Case No. 19EV001823 (Atlanta). You must include the case number, your full name, address, telephone number, and your signature. You must also include a clear statement that you wish to be excluded from the Settlement Class. You must mail your request for exclusion postmarked by April 4, 2022 to:

Castle Parking Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
Bootingclassaction@atticusadmin.com

You cannot exclude yourself on the phone, by email, or online.

 

IF EXCLUDE MYSELF, CAN I GET PAYMENT FROM THIS SETTLEMENT?

No. If you exclude yourself, do not submit a Claim Form to ask for a payment.

 

THE LAWYERS RESPRESENTING YOU

DO I HAVE A LAWYER IN THIS CASE?

The Court appointed the Wetherington Law Firm, P.C. to represent you and other Class Members as “Class Counsel.” You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.

 

HOW WILL THE LAWYERS BE PAID?

Class Counsel will ask the Court for up to $1,190,000 to cover attorneys’ fees and reimbursement of their expenses. Class Counsel will also ask that $7,500 be awarded to Class Representatives Mentewab Ayalew and Jim McAnally, and $5,000 be awarded to Class Representatives Kerington Youmans and Denise Gatewood, for representing the Class. Castle Parking has agreed not to oppose the request for fees and expenses up to the amount above. The Court may award less than this amount. Castle Parking will separately pay the fees and expenses the Court orders. These payments will not reduce the amount distributed to Class Members. Castle Parking will also separately pay the costs to administer the Settlement.

 

OBJECTING TO THE SETTLEMENT

HOW DO I TELL THE COURT IF I DON'T AGREE WITH THE SETTLEMENT?

If you don’t want the Court to approve the Settlement you must file a written objection in the case with the State Court of Fulton County, Georgia, and send a copy to the Administrator as noted below. You must include the name of the case Mentewab Ayalew et al. v. Castle Parking Solutions, Case No. 17EV004017 or Kerington Youmans et al. v. Castle Parking Solutions, Case No. 19EV001823, your full name, address, telephone number, your signature, the specific reasons why you object to the Settlement, and a statement as to whether you intend to appear at the Settlement Final Approval Hearing in person or through counsel.  If you do intend to appear at the Settlement Final Approval Hearing to object to the Settlement, you must also provide with your written objection a detailed statement of the specific legal and factual basis for each objection, a list of any witnesses you will call at the hearing with each witness’ address and summary of the witness’ testimony, a detailed description of all evidence you will offer at the hearing with copies of the exhibits attached, a list of the legal authority you will present at the hearing, and documentary proof of your membership in the Class. You or your lawyer may appear at the Settlement Final Approval Hearing if you have filed a written objection as provided above.  (See the section on the “Court’s Settlement Final Approval Hearing” below). If you have a lawyer file an objection for you, he or she must follow all Georgia rules and you must list the attorney’s name, address, bar number and telephone number in the written objection filed with the Court.

File the objection with the Clerk of the Court at the address below by April 4, 2022. Note: You may send it by mail, but it must be received and filed by the Clerk by this date:

 

Mail a copy of the objection to the Administrator at the following address so that it is postmarked by April 4, 2022:

Court

 

Administrator

State Court of Fulton County
185 Central Avenue, SW
Atlanta, Georgia 3030

 

Castle Parking Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
Bootingclassaction@atticusadmin.com

 

 

WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND ASKING TO BE EXCLUDED?

Objecting is simply telling the Court you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you object, and the Court approves the Settlement anyway, you will still be legally bound by the result.

 

THE COURT’S SETTLEMENT FINAL APPROVAL HEARING

WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court has scheduled a Settlement Final Approval Hearing on May 4, 2022 at the Fulton County Courthouse, Atlanta, Georgia. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Richardson may listen to people who have asked to speak about an objection according to the above section. The Court may also decide how much to award Class Counsel as fees for representing the Class and whether and how much to award the Class Representative for representing the Class. At or after the hearing, the Court will decide whether to approve the Settlement. It is not known how long this decision will take. 

 

DO I HAVE TO COME TO THE HEARING?

If you filed a written objection, you or your lawyer acting on your behalf may attend the Settlement Final Approval Hearing, but you are not required to do so. Class Counsel will answer any questions Judge Richardson may have. But, you are welcome to come at your own expense. You may also pay your own lawyer to attend, but it’s not necessary, unless you choose to have a lawyer appear on your behalf to object to the Settlement. 

 

MAY I SPEAK AT THE HEARING?

If you submitted a proper written objection to the Settlement, you or your lawyer acting on your behalf may speak at the Settlement Final Approval Hearing. You cannot speak at the Hearing if you exclude yourself.

 

IF YOU DO NOTHING

WHAT HAPPENS IF I DO NOTHING?

If you do nothing, you’ll get no payment from this Settlement. But, unless you exclude yourself, you won’t be able to individually sue Castle Parking for the claims resolved in this case.

 

GETTING MORE INFORMATION

HOW DO I GET MORE INFORMATION ABOUT THE SETTLEMENT?

The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. If you have questions, contact the Administrator.  Do not contact the Court.