To exclude yourself from the Settlement Class, you must make your request in writing. Your Opt Out Request must identify and include:
(1) the litigation as Randy Rosenberg, D.C., P.A. aao Danielle Russell v. GEICO General, Case No. 19-61422-CIV-CANNON/Hunt; (2) the injured party/patient’s legal name, (3) The GEICO Companies policy and claim number, (4) the Settlement Class Member's full legal name and any aliases, (5) the Settlement Class Member’s Tax I.D. Number (if an entity) or last four digits of his or her Social Security Number (if a natural person), (6) the Settlement Class Member’s address, (7) an expression of the Settlement Class Member’s desire to Opt Out or be excluded from the Settlement Class, and (8) the signature of the Settlement Class Member or an authorized representative of the Settlement Class Member, indicating the name and position of the signatory.
A separate Opt Out Requests must be individually submitted by each natural person or entity requesting exclusion from the Settlement.
Any Opt Out Request can only be exercised individually by a Settlement Class Member, not as or on behalf of a group, class, or subclass. Opt Out Requests may be submitted by a Settlement Class Member’s individual legally authorized representative so long as the submission meets the requirements set forth in this section and as described in the Settlement Agreement. Each Opt Out Request must be individually submitted using First-Class U.S. Mail. In other words, only one Opt Out Request may be submitted per envelope using First-Class U.S. Mail.
If the Opt Out Request is submitted by someone other than the Settlement Class Member, or an officer or authorized employee of the Settlement Class Member, then the third-party signor (e.g. attorney, billing agent, or other third party) must include the following attestation on the Opt Out Request:
“I certify and attest to the Court that the Settlement Class Member on whose behalf this Opt Out Request is submitted, has been provided a copy of and a reasonable opportunity to read the Class Notice and after reviewing their own internal records to confirm that they are a Settlement Class Member specifically requested to be excluded from this Settlement Class.”
The person submitting the Opt Out Request must also attest under penalty of perjury that:
“I have also actually advised the Class Member of the salient terms of the Settlement Agreement, including the monetary terms of the Settlement Agreement and a comparison of recovery based on the monetary terms of the Settlement and what that proposed Settlement Class Member could expect without the Settlement set forth in the Settlement Agreement and that after a full consultation of this information, the proposed Settlement Class Member still desires to opt out of the Settlement.”
If the Opt Out Request does not comply with this section, it is not valid. The GEICO Companies shall be entitled to rely on the Tax Identification or Social Security Number provided on the Opt Out Request in identifying which persons or entities requested exclusion from the Settlement Class.
Your written Opt Out Request must be sent by First-Class Mail, postage prepaid, and postmarked no later than August 15, 2022 (45 days from the Class Notice Mailing Date) and must be addressed to the Claims Administrator at:
Rosenberg v GEICO
c/o JND Legal Administration
PO Box 91222
Seattle, WA 98111
No Opt Out Requests submitted via any other means will be accepted as valid.
Within twenty (20) business days of the postmark date on the Opt Out Request, The GEICO Companies may object that a timely submitted Opt Out Request fails to conform with the requirements approved by the Court, and therefore is invalid. The GEICO Companies’ objection shall specify the basis of the asserted non-compliance and shall be made in writing to Class Counsel and the Settlement Class Member that has submitted the Opt Out Request. Their objection will provide a 10-day time period to correct the problem, along with the opportunity to seek judicial review of any dispute concerning the sufficient or validity of any Opt Out Request. An Opt Out Request that has been objected to by The GEICO Companies shall not be deemed valid or effective until it is cured, resolved among the interested parties, or adjudicated by the Court at the Final Approval Hearing or another duly set hearing. Untimely Opt Out Requests shall be invalid unless and until expressly accepted as valid by The GEICO Companies or the Court.
If you do not comply with these procedures within the deadline for requesting exclusion set forth above, you will lose any opportunity to exclude yourself from the Settlement Class and your rights will be determined by the Settlement Agreement and the Court's orders.