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Waste Management Inc. of Florida Settlement
Welcome to the High Tide Harry’s Inc. v. Waste Management Inc. of Florida Settlement
Website.
On May 28, 2008, Honorable Judge Frederick J. Lauten of the Circuit Court of the
Ninth Judicial Circuit in and for the State of Florida Orange County Civil Division
granted final approval to a $1,250,000 million settlement for the benefit of Open-Market
Commercial Customer in Florida that had a Collection Service Agreement with Waste
Management Inc. of Florida at any time during the period from January 1, 2001 to
the present (the "Class Period").
On September 24, 2008 the Settlement Administrator distributed settlement checks and certificates to class members.
What Is The Lawsuit About?
The lawsuit claimed that between January 1, 2001 and the time the Court enters the
Final Judgment, Defendant Waste Management Inc. of Florida (“WMF”) violated the
Florida Deceptive and Unfair Trade Practices Act, failed to act in accordance with
the implied covenant of good faith and fair dealing, breached its contract, and
unlawfully charged and collected money from its Open-Market Commercial Customers.
WMF denies it did anything wrong and believes it would have prevailed at trial.
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How Do I Know If I Am Part Of This Settlement?
Subject to Court approval, the parties in this case agreed to the certification
of a Settlement Class, and agreed also that the following persons would be Class
Members: All Open-Market Commercial Customers in Florida that entered into a Collection
Service Agreement with Defendant from January 1, 2001 to the present, through and
including the date for entry of Final Judgment.
What Benefits Does The Proposed Settlement Provide?
All Class Members that submit a valid Claim Form are eligible to receive a discount
of $25 on the first month’s invoice of any new or renewed Collection Service Agreement
entered into with WMF, except those that are qualified for and elect to participate
in the Settlement Fund described in the Notice available at the “Court Documents”
link on the left.
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IMPORTANT DATES & DEADLINES
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Class Period: |
January 1, 2001 to the present
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Exclusion Requests:
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Deadline has passed. |
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Objections to Settlement: |
Deadline has passed.
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Claim Submission: |
Deadline has passed.
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Final Settlement Hearing:
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May 28, 2008 at 10:00 a.m.
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How Can I Get The Settlement Payment If I Qualify?
To participate in the Settlement Benefits you must have submitted a claim by the Claim Submission Deadline, which was June 16, 2008. Please note the deadline to file a claim has passed.
How Do I Exclude Myself From This Proposed Settlement?
The Exclusion Deadline has passed. Exclusions had to be filed by April 15, 2008.
Therefore you may no longer file a Request for Exclusion.
How Do I Tell The Court That I Object To The Proposed Settlement?
The Objection Deadline has passed. Objections needed to be filed with the Court
no later than April 15, 2008. Therefore, you may no longer file an Objection.
Who Represents Me In This Case?
The Court has approved the request of the law firm James, Hoyer, Newcomer & Smiljanich,
P.A. to represent you and the other Class Members: John A. Yanchunis, Esq. and Jill
Bowman, Esq. of James, Hoyer, Newcomer & Smiljanich, P.A., One Urban Centre, Suite
550, 4830 West Kennedy Boulevard, Tampa, FL 33609. These lawyers are called Plaintiff’s
Counsel. If you want to be represented by your own lawyer, you may hire one at your
expense.
What Happens If I Do Nothing?
If you do nothing, you will not receive any payment from this Proposed Settlement.
Unless you exclude yourself, you won’t be able to start a lawsuit, continue with
a lawsuit or be a part of any lawsuit against WMF about the legal issue in this
lawsuit.
How Can I Get More Information?
You may read the documents available at the “Court Documents” link on the left.
For example, the Notice summarizes the Proposed Settlement and more details are
in the Settlement Agreement. You may examine the Court’s file in the Clerk’s Office
at the Ninth Judicial Circuit Court of Florida, Orange County, Clerk of Court, 425
N. Orange Avenue, Orlando, Florida 32801, for more complete information about the
details of the lawsuit and the Proposed Settlement.
If you have any additional questions regarding the Notice, Claim Form or Proposed
Settlement, you may click on the link entitled “Contact Information” on how to contact
the Settlement Administrator, Complete Claim Solutions, LLC.
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