Frequently Asked Questions
- Why was this website established?
- What is a class action?
- What is this lawsuit about?
- Why is there a Settlement?
- How do I know if I am in the Settlement Class?
- What does the Settlement provide?
- How much will my payment be?
- When will I get my payment?
- How do I get a payment?
- What am I giving up if I stay in the Class?
- Do I have a lawyer in the case?
- How will the lawyers be paid?
- How do I get out of the Settlement?
- If I don’t exclude myself, can I sue the Defendant for the same thing later?
- If I exclude myself, can I get anything from this Settlement?
- What information is needed from me to participate in the Settlement?
- How do I object to the Settlement?
- What’s the difference between objecting and excluding myself from the Settlement?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- Why was this website established?
A Court authorized this settlement website because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement.
The Honorable Rukhsanah L. Singh, of the U.S. District Court for the District of New Jersey, is overseeing this case. The case is called Fittipaldi v. Monmouth University, Case No. 3:20-cv-05526-RLS. The people who sued are called the Plaintiffs. The Defendant is Monmouth University
Top - What is a class action?
In a class action, one or more people called class representatives (in this case, Jodi Fittipaldi and Lexi Fittipaldi) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.
Top - What is this lawsuit about?
This lawsuit claims that Defendant breached an implied contract with its students to provide in-person, on-campus educational services for the Spring 2020 Semester by transitioning to remote learning and services in March 2020 in response to COVID-19 without issuing partial tuition and fee refunds. The Defendant denies it violated any law or legally enforceable commitment or promise. The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.
Top - Why is there a Settlement?
The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.
Top - How do I know if I am in the Settlement Class?
The Court decided that everyone who fits the following description is a member of the Settlement Class: "All people who paid Defendant Spring 2020 Semester tuition and fees or who benefitted from the payment, and whose tuition and fees have not been refunded."
Top - What does the Settlement provide?
Monetary Relief: A Settlement Fund has been created totaling $1,300,000.00. Class Member payments, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (see Question 12).
Top - How much will my payment be?
The amount of this payment will depend on how many requests for exclusion are submitted. Each Class Member who does not opt out of participating in the settlement and submit a valid, timely claim form will receive a proportionate share of the Settlement Fund, not to exceed $155.00 (less any outstanding balance from the 2019-2020 academic year still owed to Defendant), which will be based on the total out-of-pocket amount of tuition and fees paid by or for the Class Member for the Spring 2020 Semester. You can contact Class Counsel at (646) 837-7150 to inquire as to the number of requests for exclusion that have been received to date.
Top - When will I get my payment?
The hearing to consider the fairness of the settlement is scheduled for Tuesday, December 20, 2022 at 10:00am. If the Court approves the settlement, eligible Class Members will receive their payment 28 days after the Settlement has been finally approved and/or after any appeals process is complete. The payment will be made in the form of a check and all checks will expire and become void 90 days after they are issued.
Top - How do I get a payment?
If you are a Class Member and you want to get a payment, you must submit a valid, timely Claim Form in order to receive a pro rata share of the Settlement Fund, not to exceed $155.00 (less any outstanding balance from the 2019-2020 academic year still owed to Defendant), which will be based on the total out-of-pocket amount of tuition. Your payment will come by check to the residential address on file with Monmouth.
Top - What am I giving up if I stay in the Class?
If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.27 of the Settlement Agreement.
Unless you exclude yourself (see Question 13), you are “releasing” the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available through the “court documents” link on the website. The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
Top - Do I have a lawyer in the case?
The Court has appointed Philip L. Fraietta and Sarah N. Wescot of Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
Top - How will the lawyers be paid?
The Defendant has agreed that Class Counsel’s attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.
Subject to approval by the Court, Defendant has agreed that the Class Representatives may request to receive a service award of $5,000 each from the Settlement Fund for their services in helping to bring and resolve this case.
Top - How do I get out of the Settlement?
To exclude yourself from the Settlement, you must submit a request for exclusion by 11:59 p.m. EST on Monday, December 5, 2022.
Requests for exclusion may be submitted either on the Settlement Website (via the online form accessible online or by mailing or otherwise deliver a letter stating that you want to be excluded from the Fittipaldi v. Monmouth University, Case No. 3:20-cv-05526-RLS settlement. Your letter or request for exclusion must also include your name, your address, your signature, the name and number of this case, and a statement that you wish to be excluded.
If you choose to submit a request for exclusion by mail, you must mail or deliver your exclusion request, postmarked no later than Monday, December 5, 2022, to the following address:
Monmouth Settlement
PO Box 301132
Los Angeles, CA 90030-1132
Top - If I don’t exclude myself, can I sue the Defendant for the same thing later?
No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.
Top - If I exclude myself, can I get anything from this Settlement?
No. If you exclude yourself, you will not receive any payment from the Settlement Fund.
Top - What information is needed from me to participate in the Settlement?
Settlement Class Members must submit a valid, timely Claim Form to receive a pro rate share of the Settlement Fund, not to exceed $155.00 (less any outstanding balance from the 2019-2020 academic year still owed to Defendant). Monmouth has provided to Class Counsel a list of the Class Members and their contact information.
Also, the Court has issued an order permitting Monmouth, under the Family Educational Rights and Privacy Act (“FERPA”), to disclose to the settlement administrator and Class Counsel, the Spring 2020 Semester out-of-pocket amount for each Class Member. Monmouth will release that information no later than five (5) days after Sunday, December 4, 2022. On or before Monday, December 5, 2022, you as a Class Member have the option to request that the Court quash its order requiring such disclosure as to your information.
Top - How do I object to the Settlement?
If you are a Class Member, and you have not elected to exclude yourself from the Settlement by opting out, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views.
To object, you must file with the Court a letter or brief stating that you object to the Settlement in Fittipaldi v. Monmouth University, Case No. 3:20- cv-05526-RLS and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections.
Your letter or brief must also include your name, your address, the basis upon which you claim to be a Class Member, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below. Class Counsel will file with the Court and post on this website its request for attorneys’ fees by November 14, 2022.
If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question Number 20), you must say so in your letter or brief. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than Sunday, December 5, 2022
Court:
The Honorable Rukhsanah L. Singh
United States District Court forthe District of New Jersey
402 East State Street
Trenton, New Jersey 08608
Class Counsel:
Philip L. Fraietta
Bursor & Fisher P.A.
888 Seventh Avenue
New York, NY 10019
Defendant's Counsel:
Angelo Stio III
Troutman, Pepper, Hamilton, Sanders, LLP
301 Carnegie Center
Suite 400
Princeton, NJ 08543
Monmouth Settlement
PO Box 301132
Los Angeles, CA 90030-1132
Top - What’s the difference between objecting and excluding myself from the Settlement?
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold the Final Approval Hearing at 10:00 a.m. on Tuesday, December 20, 2022 at United States District Court for the District of New Jersey, 402 East State Street, Trenton, New Jersey 08608. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for incentive awards to the Class Representatives.
At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting the Settlement Website or calling (800) 000-0000. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.
Top - Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.
Top - May I speak at the hearing?
Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Fittipaldi v. Monmouth University, Case No. 3:20-cv-05526-RLS.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than Monday, December 5, 2022, and be sent to the addresses listed in Question 17.
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