A Court authorized the notice because you have a right to know about a proposed settlement of these class action lawsuits and all of your options before the Court decides whether to give final approval to the settlement. The notice explains your legal rights. The cases are pending in the United States District Court for the Southern District of Indiana and are known as Plummer v. Nicor Energy Services Company, No. 1:17-cv-02177-WTL-MPB and Pyles et al. v. Nicor Energy Services Company, No. 1:18-cv-02840-WTL-MPB. Together these cases are referred to as “the Actions” in the notice.Top
If you fall within the Settlement Class definition, you will be a Settlement Class Member unless you exclude yourself.Top
If the Court approves the Settlement and you are a Settlement Class Member, you will receive a cash payment for an amount proportionate to the amount you paid the Defendant.Top
You do not need to submit a proof of claim form to obtain the settlement benefits.Top
Settlement benefits will be received after the settlement is finally approved by the Court and all appeals and other reviews have been exhausted.Top
If you do nothing, you remain in the Settlement Class as applicable and will be bound by all of the terms of the settlement, including the release provisions of the settlement, which prevent you from bringing a claim against the Defendant with respect to the matters alleged in the Actions. If you are a member of the Settlement Class, you do not need to submit a proof of claim form to obtain the settlement benefits.Top
Each Class Member releases the Released Claims against Defendant and any former, current, and future parents, subsidiaries, affiliates, officers, directors, employees, agents or attorneys of Defendant, including (but not limited to) (i) American Water Enterprises and any former, current, and future subsidiaries, affiliates, officers, directors, employees, agents or attorneys of American Water Enterprises, (ii) The Southern Company and any former, current, and future subsidiaries, affiliates, officers, directors, employees, agents or attorneys of The Southern Company, and (iii) Vectren Corporation and any former, current, and future subsidiaries, affiliates, officers, directors, employees, agents or attorneys of Vectren Corporation (collectively, the “Released Parties”).
All claims of any kind or nature that have been or could have been asserted in the Actions by the Named Plaintiffs based on the allegations in the respective Class Action Complaints.
The Named Plaintiffs retained Cohen & Malad, LLP and Branstetter, Stranch & Jennings, PLLC to represent them. In connection with the preliminary approval of the settlement, the Court appointed these attorneys to represent you and other Settlement Class Members. Together, the lawyers are called Class Counsel. You will not be separately charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.Top
The costs of the notice to you, the costs of administering the settlement, and any separate payment to the Named Plaintiffs will be paid from the Settlement Fund. Class Counsel will also ask the Court for an award of attorneys’ fees of no more than 1/3 of the total then-remaining Settlement Fund. Any attorneys’ fees will be paid from the Settlement Fund and must be approved by the Court.Top
The Named Plaintiffs will ask the Court to approve a payment of an additional amount not to exceed $2,500 for each of the three Named Plaintiffs as a service award for their efforts and time expended in prosecuting the Actions. The Court may ultimately award less than this amount.Top
As a member of the Settlement Class, you may object to the settlement if you think any part of the settlement is not fair, reasonable, and/or adequate. You can and should explain the detailed reasons why you think the Court should not approve the settlement, if this is the case. The Court and Class Counsel will consider your views carefully. To object, you must file with the Clerk of the Court written objections postmarked no later than November 19, 2018, and the objection must: (i) contain your full name and address; (ii) contain the titles of the Actions: Plummer v. Nicor Energy Services Company, No. 1:17-cv-02177-WTL-MPB, Pyles et al. v. Nicor Energy Services Company, No. 1:18-cv-02840-WTL-MPB; (iii) state the reasons for your objection; (iv) be accompanied by any evidence, briefs, motions, or other materials you intend to offer in support of the objection; (v) be signed by you; and (vi) be sent by U.S. mail, first class and postage prepaid, with a postmark no later than November 19, 2018 to: U.S. District Court Clerk’s Office, Room 105, 46 East Ohio Street, Indianapolis, IN 46204.Top
The Court will hold a hearing to decide whether to approve the settlement. You may attend, and you may ask to speak, but you do not have to.
The Court will hold a Final Approval Hearing on December 4, 2018 at the Birch Bayh Federal Building & U.S. Courthouse, 46 East Ohio Street, Indianapolis, IN 46204. You may attend, and you may ask to speak, but you do not have to. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have submitted timely requests to speak at the hearing. The Court may also decide the amount that Class Counsel and the Named Plaintiffs will be paid. After the hearing, the Court will decide whether to finally approve the settlement.Top
No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.Top
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in the Plummer v. Nicor Energy Services Company and Pyles et al. v. Nicor Energy Services Company cases.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be sent to the Clerk of the Court at the address previously provided above and must be received by the Clerk of the Court by November 19, 2018. You cannot speak at the hearing if you have excluded yourself.Top
PLEASE DO NOT CALL THE COURT, THE CLERK, THE DEFENDANT, OR THE DEFENDANT’S COUNSEL REGARDING THIS SETTLEMENT.Top