SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: Part 1
KEVIN PLUDEMAN, et al..,
NORTHERN LEASING SYSTEMS, INC., et al.., Defendants.
Index No. 101059/04
Notice of Pendency of Class Action
To: All persons and entities within the United States who signed a standard form of lease and personal guaranty (“Form Lease”), as lessees and/or guarantors, with Defendant Northern Leasing Systems, Inc., as lessor or assignee, since January 1, 1999 (“Class”).
PLEASE READ THIS NOTICE CAREFULLY IN ITS ENTIRETY.
PROCEEDINGS IN THIS LITIGATION MAY AFFECT YOUR RIGHTS. This is a notification that you are a member of a plaintiff class (the “Class”) in this case against Northern Leasing Systems, Inc. (“Northern Leasing” or “Defendant”), which is currently pending in the New York Supreme Court, New York County. The purpose of this notice is to explain to you:
1. What the lawsuit is about;
2. Your rights as a Class member;
3. Your right to request exclusion (Opt-out) from the Class;
4. Further court proceedings; and
5. How to get more information.
1. What the Lawsuit is About
Plaintiffs allege that Northern Leasing has overcharged each Class member, and wrongfully collected $4.95 every month towards Loss & Damage Waiver, in violation of the terms of the Form Lease. The Court has granted partial summary judgment as to liability in favor of Plaintiffs on this claim. Northern Leasing has appealed that order, which appeal is currently scheduled to be heard by the appellate court in January 2011. If the appellate court reverses that order, there may be a trial on the issues of liability as well as damages. If the appellate court affirms that order, there will be a trial only on the issue of damages.
2. Your Rights As a Class Member
The Class consists of:
All persons and entities within the United States who signed a standard form of lease and personal guaranty, as lessees and/or guarantors, with Defendant Northern Leasing Systems, Inc., as lessor or assignee, since January 1, 1999; excluded from the Class are
(i) all such lessees and guarantors under such agreements in which the term “LDW” or “Loss & Damage Waiver” was expressly written above the merger clause on the signature page thereof;
(ii) all such lessees and guarantors who made a claim for equipment replacement under the Loss & Damage Waiver provision of such agreements;
(iii) all such lessees and the guarantors of such agreements who provided certificates of insurance to Northern Leasing Systems, Inc.;
(iv) all lessees and guarantors of such agreements who otherwise executed releases of claims in favor of Northern Leasing Systems, Inc.;
(v) all lessees and guarantors who opt to be excluded from the class in accordance with the procedures described in this notice; and
(vi) defendants, or any parent, subsidiary, affiliate, accountant, agent, attorney, employee, officer, representative, servant and/or any person acting on behalf of defendants or any of them.
The certified Class Representative are Kevin Pludeman, Chris Hanzsek d/b/a Hanzsek Audio, Sarah Jane Hush, Class Notice | Northern Leasing Class action http://www.northernleasingclassaction.com/content/class-notice 1 of 2 8/28/2012 3:21 PM Ozark Mountain Granite & Tile Co. and Dennis E. Lauchman, The certified Class Counsel is Krishnan S. Chittur, Esq., of Chittur & Associates, P.C., 286 Madison Avenue, Suite 1100, New York, New York 10017. This attorney will represent you as part of the Class unless you choose to hire your own attorney. You have the right to hire your own attorney at your own expense. If you wish to remain in the Class, YOU DO NOT NEED TO TAKE ANY ACTION. If you remain in the Class, you will be bound by any decision, favorable or unfavorable, in this case.
3. Requests for Exclusion (Opt-out) from the Class
If you do not wish to remain in the Class, then you must make your request in writing. If you exclude yourself from the Class, you will not participate in any settlement, recovery or favorable judgment in the lawsuit, but you will also not be bound by any unfavorable judgment.
Your request to be excluded from the Class must be in writing and must provide your name and address and state that you wish to be excluded (opt-out) from the Class in Pludeman vs. Northern Leasing Systems, Inc. This statement must be sent by first class mail, postage prepaid, and postmarked not later than January 14, 2011, addressed to (a) Class counsel; and (b) counsel for Defendants, both of which addresses are given below. If you request the exclusion on behalf of anyone other than yourself, you must describe your legal authority to make this request. Class counsel:: Krishnan S. Chittur, Chittur and Associates PC, 286 Madison Avenue, Suite 1100, New York, New York 10017.
Counsel for Defendants: Moses & Singer LLP, Attn: Pludeman v NLS Claim Admin., The Chrysler Building, 405 Lexington Avenue, New York, New York 10174-1299.
4. Further Court Proceedings
The Court will proceed to decide the merits of plaintiffs’ claims as asserted in this lawsuit. A trial date has not yet been scheduled. At trial either party could win on the merits.
5. How to Get More Information
Any additional information about the case may be obtained from the Clerk of the Court. Court orders are also accessible through the Internet at http://iapps.courts.state.ny.us/webcivilLocal/LCSearch?param=P This notice does not fully describe all of the claims and all the parties. The pleadings and all other records in this litigation maybe examined during regular office hours at the office of the Clerk, New York Supreme Court, New York County, 60 Center Street, New York, New York 10007. DO NOT CALL THE JUDGE OR COURT CLERK FOR ANY INFORMATION ABOUT THIS CASE. Dated: October 13, 2010 BY THE COURT /s/ ____ MARTIN SHUMAN, J.S.C. Class Notice | Northern Leasing Class action http://www.northernleasingclassaction.com/content/class-notice 2 of 2 8/28/2012 3:21 PM