Sobol v. Imprimis Pharmaceuticals, Inc.

  1. Why is there a notice?
  2. What is this litigation about?
  3. Why is this a class action?
  4. Why is there a Settlement?
  5. Who is included in the Settlement?
  6. What if I am not sure whether I am included in the Settlement?
  7. What does the Settlement provide?
  8. How much will my payment be?
  9. When will I receive my payment?
  10. What am I giving up to if I do not exclude myself from the Settlement?
  11. How can I receive a payment?
  12. How will my claim be decided?
  13. How do I exclude myself from the Settlement?
  14. If I do not exclude myself, can I sue Imprimis for the same thing later?
  15. If I exclude myself, can I still get a payment?
  16. Do I have a lawyer in the case?
  17. How will the lawyers be paid?
  18. How do I tell the Court if I do not like the Settlement?
  19. What is the difference between objecting and asking to be excluded?
  20. When and where will the Court decide whether to approve the Settlement?
  21. Do I have to attend the hearing?
  22. May I speak at the hearing?
  23. How do I get more information?
  1. Why is there a notice?

    A court authorized this notice because you have a right to know about the 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.  This notice explains the lawsuit, the Settlement, and your legal rights.

    Judge Nancy G. Edmunds of the United States District Court for the Eastern District of Michigan Southern Division is overseeing this case.  This litigation is known as Sobol v. Imprimis Pharmaceuticals, Inc. No. 16-cv-14339 U.S. District Court, ED MI, So. Div.  The entity that sued Imprimis is called the Plaintiff, Imprimis is the Defendant.

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  2. What is this litigation about?

    The lawsuit concerns whether Imprimis sent advertisements by facsimile that violated a law called the Telephone Consumer Protection Act, 47 U.S.C. Section 227.     

    The complaint in the lawsuit can be found here, and contains all of the allegations and claims asserted against Imprimis.  Imprimis denies any liability or wrongdoing.

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  3. Why is this a class action?

    In a class action, one or more people called “Class Representatives” (in this case, Sobol) sue on behalf of themselves and other people with similar claims.  Together, all the people with similar claims are members of a “Class.”

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  4. Why is there a Settlement?

    The Court has not decided in favor of the Plaintiff or Imprimis.  Instead, both sides have agreed to a Settlement.  By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members (except those who exclude themselves), receive the benefits described in this notice.  The proposed Settlement does not mean that any law was broken or that Imprimis did anything wrong.  Imprimis denies all claims in this case.  The Class Representative and its lawyers think the proposed Settlement is best for everyone who is affected.

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  5. Who is included in the Settlement?

     You are a member of the Settlement Class if, on July 29, 2016, August 31, 2016, September 6, 2016, or November 16, 2016, you were sent one or more alleged facsimile advertisements from Imprimis. 

     

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  6. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, you may review the Settlement Agreement by clicking here, or call Class Counsel at 1-800-601-0808.  You may also send questions to the Imprimis Pharmaceuticals Fax Settlement Claims Administrator at P.O. Box 404041, Louisville, KY 40233-4041.  

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  7. What does the Settlement provide?

    If the Settlement is approved and becomes final, it will provide benefits to Settlement Class Members who file a valid claim and do not exclude themselves.  Imprimis agreed to pay $1,450,000.00 for the Settlement, which will be used to make payments to eligible Settlement Class Members, to pay any Court-ordered award of attorneys’ fees and costs to Class Counsel, to pay any Court-ordered service award to Plaintiff for serving as the class representative, and to pay any costs of Settlement Administration, including the cost of notice and any taxes.  

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  8. How much will my payment be?

    Each Settlement Class Member who files a valid, timely submitted claim form will be entitled to receive up to $133.83 for each successfully transmitted fax to their fax telephone number.  The costs of class notice and class administration expenses, court-approved attorneys’ fees and litigation-related expenses, and the amount of the service award, if any, the Court awards to Plaintiff will be deducted from the Settlement Fund and may reduce payments to class members if clams otherwise exhaust the full Settlement Fund.   

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  9. When will I receive my payment?

    Settlement Class Members who submit valid claims will receive their payments, by check, only after the Court grants final approval to the Settlement and after any appeals are resolved (see “The Final Approval Hearing” below).  If there are appeals, resolving them can take time.  Please be patient. 

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  10. What am I giving up to if I do not exclude myself from the Settlement?

    Unless you exclude yourself from the Settlement, you will be bound by the Settlement.  This means that you can’t sue Imprimis in court for claims related to fax advertisements sent on July 29, 2016, August 31, 2016, September 6, 2016, or November 16, 2016.  If you do not exclude yourself, the Settlement Agreement and all decisions by the Court will bind you.  The Settlement Agreement is available here and describes the claims that you give up if you remain in the Settlement. 

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  11. How can I receive a payment?

    To receive a payment, you must submit a Claim Form.  If you received notice of the Settlement by fax or mail, that notice included a Proof of Claim Form.  You may also click here to file your Claim Form online.   You must complete, sign, and return the Proof of Claim Form in one of the following ways: 1) By Fax to 844-535-0112, 2) Online by clicking here, or 3) By mail to:

    Sobol v, Imprimis Pharmaceuticals, Inc.
    Fax Settlement Claims Administrator
    P.O. Box 404041
    Louisville, KY 40233-4041

     

    Claims must be postmarked or submitted no later than July 9, 2019.  

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  12. How will my claim be decided?

    After you submit your claim, the Settlement Administrator will confirm whether you are a Settlement Class Member and therefore entitled to a payment.  If your application is incomplete or does not establish that you are entitled to a payment, the Settlement Administrator will notify you to correct any problems with your claim.  If you do not correct the problems, your claim will be denied. 

     

    The Settlement Agreement, available here, provides more detail on how claims will be decided.

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  13. How do I exclude myself from the Settlement?

    To exclude yourself from the Settlement, you must send a written request for exclusion that includes:

     

    • Your name, current address, and current telephone number;
    • Facsimile telephone number on July 29, 2016, August 31, 2016, September 6, 2016, or November 16, 2016. 
    • The name and number of this case-Sobol v. Imprimis Pharmaceuticals, Inc.  Case No. 16-cv-14339, United States District Court, for the Eastern District of Michigan, Southern Division
    • A statement that you wish to be excluded (for example, “Exclude me from the Imprimis Settlement.”
    • Your signature.

     

    You must mail your exclusion request, postmarked on or before June 10, 2019, to:

    Sobol v. Imprimis Pharmaceuticals, Inc.
    Fax Settlement Claims Administrator
    P.O. Box 404041
    Louisville, KY 40233-4041

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  14. If I do not exclude myself, can I sue Imprimis for the same thing later?

    No.  Unless you exclude yourself, you give up the right to sue Imprimis for the claims that the Settlement resolves.  You must exclude yourself from the Settlement in order to maintain your own lawsuit.

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  15. If I exclude myself, can I still get a payment?

    No.  You will not get a payment if you exclude yourself from the Settlement.

     

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  16. Do I have a lawyer in the case?

    The Court has appointed the following lawyers as Class Counsel to represent the entire Settlement Class.  They are:

    Phillip A. Bock
    Bock, Hatch, Lewis & Oppenheim
    Attn: Imprimis Settlement
    134 N LaSalle St., Suite 1000
    Chicago, IL 60602
    Tel.: 213-658-550
    Fax: 312-659-5501
    E-mail: phil@bockhatchllc.com

    Richard Shenkan
    Shenkan Injury Lawyers, LLC
    6550 Lakeshore St.
    West Bloomfield, MI 48323-1429
    Tel: 248-562-1320
    Fax: 888-769-1774

     

    If you want to be represented by your own lawyer, you may hire one at your own expense.

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  17. How will the lawyers be paid?

    Class Counsel has litigated this matter on a contingency fee basis.  As part of the Settlement, they will ask the Court to approve payment of attorneys’ fees in an amount up to one third of the $1,450,000.00 settlement fund ($483,333.33) and for reimbursement of litigation costs not to exceed $54,000.00.   They will also ask the Court to award the named Plaintiff, Dr. Sobol, $15,000.00 for his service as class representative.  You will not have to pay any money to class counsel. Amounts approved by the Court for attorneys' fees and an incetive award may reduce the amount you will be paid for an approved claim.  

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  18. How do I tell the Court if I do not like the Settlement?

    If you are a member of the Settlement Class, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel’s requests for fees and costs, and/or the service payment to the Class Representative.  To object, you must file an objection with the United States District Court for the Eastern District of Michigan.  You must also serve copies of your objection on Class Counsel and Imprimis’ attorneys, postmarked by July 15, 2019.  You must include the case name and number shown at the top of the Notice, your name and current address, current telephone number, facsimile telephone number on July 29, 2016, August 31, 2016, September 6, 2016, or November 16, 2016, the names of all attorneys who assisted you in the preparation and fling of your objection, the portion(s) of the Settlement to which you object, and a statement of the reasons why you believe the Court should find that the Court should finds that the proposed Settlement is not fair, reasonable and adequate.  You should file your objection with:

    The Office of the Clerk
    Theodore Levin U.S. Courthouse
    231 W. Lafayette Boulevard  
    Detroit, MI 48226

    You must mail your objection to Class Counsel and Imprimis’ Attorney at the following addresses:

    For Class Counsel

    Phillip A. Bock
    Bock, Hatch, Lewis & Oppenheim, LLC
    Attn: Imprimis Settlement
    134 N. LaSalle St., Suite 1000
    Chicago, IL 60602

    Richard Shenkan
    Shenkan Injury Lawyers, LLC
    6550 Lakeshore St.
    West Bloomfield, MI 48323

     

    Imprimis’ Attorney

    Linda McGrail Belau
    O’Reilly Rancilio, P.C.
    Sterling Town Center
    12900 Hall Road, Suite 350
    Sterling Heights, MI 48313

     

    Your objection must be filed or postmarked on or before July 15, 2019.

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  19. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like something about the Settlement.  You can object to the Settlement only if you do not exclude yourself.  Excluding yourself is telling the Court that you do not want to be part of the Settlement.  If you exclude yourself, you will not receive money from the Settlement and you will not be bound by the releases in the Settlement Agreement.  

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  20. When and where will the Court decide whether to approve the Settlement?

    The Court has scheduled a Final Approval Hearing on August 14, 2019, at 2:00 p.m. in the United States District Court for the Eastern District of Michigan, Southern Division, Theodore Levin United States Courthouse, Room 811, 231 W. Lafayette Boulevard, Detroit, MI, 48226.  

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  21. Do I have to attend the hearing?

    No.  Class Counsel will answer questions the Court may have.  But you are welcome to attend the hearing at your own expense.  If you send an objection, you don’t have to come to Court to speak.  As long as you submitted your written objection on time, to the proper addresses, and it complies with the other requirements described in Paragraph 18 above.  You may also pay your own lawyer to attend, but it’s not necessary.

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  22. May I speak at the hearing?

    You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must comply with the requirements in Question 18 above.  You cannot speak at the hearing if you exclude yourself from the Settlement.

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  23. How do I get more information?

    This Notice summarizes the proposed Settlement.  The Class Action Settlement Agreement governs in the event of any conflict between the Notice and the Agreement.  To obtain additional information you may (1) call Class Counsel at 1-800-601-0808; (2) inspect the complete court file at the Office of the Clerk at the Theodore Levin United States Courthouse, 231 W. Lafayette Boulevard, Detroit, Michigan, 48226; (3) access the court file at your own cost via PACER (information about PACER can be found on the court’s general website: www.caed.uscourts.gov).  (4) If you have specific questions you can write to Class Counsel at one of the addresses listed in question 18.  Include the case number, your name, your fax number, and your current street address on any correspondence,  and (6)  you may also write to the Settlement Administrator at:

    Sobol v, Imprimis Pharmaceuticals, Inc.
    Fax Settlement Claims Administrator
    P.O. Box 404041
    Louisville, KY 40233-4041

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