Avery v Orange County Transportation Authority

NOTICE OF PENDING SETTLEMENT OF CLASS ACTION LITIGATION


This litigation affects all persons who have been assessed any toll evasion penalty by the San Joaquin Hills Transportation Agency and/or the Foothill/Eastern Transportation Corridor Agency (collectively known as “the TCA”) for any violation during the period between January 1, 2003 and October 5, 2009; or by the Orange County Transportation Authority (“OCTA”) for any violation during the period from May 31, 2003 to October 5, 2009; or against whom a judgment was entered by or on behalf of the TCA on or after January 1, 2003; or by or on behalf of the OCTA on or after May 31, 2005; or against whom an escalated penalty was assessed by the OCTA after May 31, 2003.

The TCA and OCTA have agreed to pay eligible class members a total of $1,400,000.00 in restitution. Class members who are eligible to receive restitution include patrons and non-patrons who were assessed more than $1,000.00 in tolls and penalties during the Restitution Class Time Period. The OCTA Restitution Time Period is from May 31, 2003 to the date upon which the motion for preliminary approval is heard. The TCA Restitution Time Period is from January 1, 2003 to the date upon which the motion for preliminary approval is heard.


IMPORTANT DATES


January 19, 2010 Exclusion deadline: all exclusions need to be
postmarked by this date.
January 19, 2010 Objection deadline: all objections need to be filed by
this date.
February 16, 2010 Final Fairness Hearing.
July 26, 2010 Last day for TCA/OCTA to mail out checks and notices
of waiver to eligible class members.
October 25, 2010 Last day for Class Members to request administrative
review.