1. Why did I get a notice?
2. What is the lawsuit about?
3. What are the Classes asking for?
4. What are the proposed settlement terms?
5. Why did I receive more than one notice for this case?
6. What are my options?
7. How do I exclude myself from the Settlement?
8. How do I tell the Court that I do not agree with the Settlement?
9. Do I need to get my own lawyer?
10. What should I do if this notice was sent to the wrong address?
11. When is trial?
12. When will the Court rule on the Settlement?
13. What if I still have more questions?
On December 5, 2022, Judge Charles H. McKenzie entered an order certifying three classes in the class-action lawsuit captioned above. Judge McKenzie entered subsequent orders modifying various class definitions. The parties to the lawsuit have agreed to a proposed settlement agreement. As part of the settlement agreement, the Parties have further modified the class definitions. The proposed settlement agreement will become final should the Court approve it.
You have received a notice because you have been identified as a member of one of the three Classes as defined below. It is also possible that you are a member of one or both of the other classes relating to this settlement, for which separate notices will be sent (see also FAQ 5).
For Class A, this means that you have been identified as a tenant at 501 W. 11th St., Kansas City, MO 64105, otherwise known as the Normandy Apartments, for some period between January 1, 2014 to January 1, 2024.
For Class B, this means that you have been identified as a residential tenant who was sued by Hedgepath during the class period of January 1, 2014 through January 1, 2024 after terminating your lease prior to the original end date of your lease.
For Class C, this means that you have been identified as a residential tenant from whom Hedgepath collected a security deposit at some point during the class period of January 1, 2024 through January 1, 2024.
This website involves claims you may have against Hedgepath as further set forth in the settlement agreement (see FAQ 4, below). This website is to inform you that you have rights in this case. You have the right to ask to be excluded from this case (see FAQ 6). If you do not seek to be excluded by October 1, 2024, you will be bound by the result of this case, including any finalized settlement agreement, regardless of whether that result is one which you consider favorable or unfavorable. You have the right to seek your own independent attorney. If you retain your own attorney, you are not automatically excluded as a class member.
(*Hedgepath” as defined in the settlement agreement and as used herein includes Del Hedgepath, Del Properties, Del Hedgepath d/b/a Del Properties, as well as The Alps Apartment LLC, 4301 Main LLC, 220 Admiral, LLC, Congress Lofts, LLC, The Loretto, LLC, and the Norman School Lofts LLC.)
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The lawsuit involves a variety of claims for each of the Classes (and as set forth more fully in the Counterclaim posted in the documents section of this website).
As to Class A, Class Representative Derrick Kauffman generally alleges that Hedgepath failed to maintain the Normandy Apartments in a habitable manner owing to allegations of a bed bug infestation.
As to Class B, Class Representative Derrick Kauffman generally alleges that Hedgepath unlawfully charged tenants for early lease termination and/or attorney fees and expenses relating to same.
As to Class C, Class Representative Derrick Kauffman generally alleges that Hedgepath unlawfully failed to provide tenants with notice of a walkthrough at the end of the lease and charged tenants for carpet and/or floor care by retaining some of their security deposits without providing tenants with actual receipts for the carpet cleaning and/or floor care.
THE COURT HAS MADE NO FINDING OF LIABILITY FOR OR AGAINST HEDGEPATH. Hedgepath vigorously denies these claims and disputes that any law, statute, ordinance, or any other authority was or has been violated in any manner at any time.
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Class Representative Derrick Kauffman, on behalf of himself and Class A, has asked the Court for monetary damages owing to the alleged bed-bug infestation, as well as attorneys' fees and other litigation-related expenses.
Class Representative Derrick Kauffman, on behalf of himself and Class B, has asked the Court for monetary damages owing to the alleged unlawful charges for early lease termination, as well as attorneys' fees and other litigation-related expenses.
Class Representative Derrick Kauffman, on behalf of himself and Class C, has asked the Court for monetary damages owing to the alleged unlawful charges for carpet and/or floor care and alleged failure to provide tenants with written notice of a walkthrough at the conclusion of the lease, as well as attorneys' fees and other litigation-related expenses.
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The proposed settlement agreement entails a global payment of $1,850,000.00 by Hedgepath to establish a common fund for Class A and two other classes known as Class B and Class C. The purpose of this common fund will be to pay monetary damages to all three classes, as well as attorneys' fees and other litigation-related expenses. This means that, subject to the Court's approval, attorneys' fees and other litigation-related expenses will be deducted from the common fund and the remaining amount will be allocated to the members of the three respective classes, as described in the proposed settlement agreement. Class Counsel (identified below) intends to ask the Court that 1/3 (33.33%) of the common fund be used to pay attorneys' fees after other litigation-related expenses and a class representative fee to Derrick Kauffman are paid from the common fund, meaning that, subject to Court approval, 2/3 (66.67%) of the common fund after litigation-related expenses and the class representative fee to Derrick Kauffman are paid would be allocated for payments to the members of the three respective classes, as described in the proposed settlement agreement. Known expenses to date total approximately $22,000. Derrick Kauffman as class representative of Classes A, B, and C will receive $10,000, subject to Court approval. The proposed settlement agreement also calls for Hedgepath to pay up to $100,000.00 for the reasonable notice and administrative costs endemic to the class-action settlements of Classes A, B, and C, collectively.
The proposed settlement agreement also contains injunctive relief for current and future tenants. The proposed settlement agreement requires Hedgepath, for a period of two years respective to residential leases in Missouri, to: (1) provide professional pest control by a qualified company to treat the residential properties Hedgepath owns or manages; and (2) refrain from including language in tenants’ leases or enforcing such lease provisions in existing leases or addendums that: (i) place the duty or cost of pest control on the tenant; (ii) withholds the security deposit for carpet cleaning or other expenses that are not based on actual documented expenses incurred for a particular unit; (iii) requires tenants to pay attorneys’ fees and court costs regardless of the outcome of the lawsuit; and (iv) requires a tenant to pay a “filing fee” not assed by Order of the Court.
These are the basic financial and injunctive terms of the proposed settlement agreement, which contains other terms and conditions of settlement, including but not limited to provision that the settlement agreement is not deemed an admission by Hedgepath as to the merits of any claims made in this lawsuit.
While not required, it is advisable for you to review the proposed settlement agreement in its entirety. The proposed settlement agreement can be accessed in the Important Documents section of this website.
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The Court has certified three classes in this case, which are known as Classes A, B, and C. You may, or may not, be a member of all three classes or two of the three classes. You received a notice because you are a member of one of the three Classes, as certified by the Court in the settlement agreement. If you are a member of more than one class, you will receive a separate notice for each class of which you are a member.
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(a) Do nothing at all.
You do not need to take further action if you want to remain a member of the Settlement. You will be represented by the attorneys and law firms that brought this action on behalf of Derrick Kauffman, which have been designated as Class Counsel by Judge McKenzie. These law firms are:
Bell Law, LLC | Heartland Center for Jobs and Freedom | Lipman Law Firm, P.A. |
These law firms are collectively called “Class Counsel.”
(b) Exclude yourself from the Settlement.
You can choose to exclude yourself from one, or more, of those classes of which you are a member. If you exclude yourself from a class, you (i) will not be bound by any judgment or disposition of this case, including the finalized settlement agreement; (ii) will retain any claims you may have against Hedgepath; and (iii) will not share in any recovery that may be awarded by the Court, or obtained under any settlement, with Hedgepath in this case.
(c) Object to the Settlement.
You can ask the Court to deny approval of the Settlement by filing an objection. You can’t ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. A Settlement Class Member who objects still remains in the Settlement Class.
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There are three ways, described in detail below, in which you may ask to be excluded from the Settlement: (1) by mailing in a letter; (2) by sending an email; or (3) by using the opt-out procedure on the Class Website, given below. All requests for exclusion must be made by the applicable deadline, given below. Regardless of the method you use, if you are a member of more than one class, you must specify the class(es) from which you wish to be excluded.
(1) Mailing a Letter
To request exclusion by letter, you must send a letter, stating that you want to be excluded from the Hedgepath v. Kauffman Settlement. Be sure to include your name and address and sign the letter. You must mail your Exclusion Request postmarked by October 1, 2024, to the following address:
Hedgepath v. Kauffman Exclusions
Class Administrator, c/o Simpluris
PO Box 25226
Santa Ana, CA 92799
(2) Sending an Email
The Class Administrator has set up a dedicated email address for handling opt-out requests: OPTOUTEMAIL@hedgepathtenantsettlement.com. To request exclusion, your email must be sent no later than 11:59 p.m. Central Time on October 1, 2024. Your email must include your name, your address, a clear statement that you wish to be excluded from Class A, B, and/or C, and the following attestation “I attest that I am named [insert your name] and that I am the individual sending this email.”
(3) Class Website
This website includes an opt-out module, whereby you may request exclusion from any Class to which you are a member. To opt-out in this manner, you must visit the module before October 1, 2024, and fill in all the information requested by the opt-out module. If you have questions about how to opt-out through this method, you can call the Class Administrator at 844-804-2239.
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Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
All written objections and supporting papers must (a) clearly identify the case name and number (Derrick Kauffman v. Del Hedgepath (dba Del Properties), Case No. 1916-CV01507, Division 13), (b) be filed with the Court Administrator of the 16th Circuit Court of Jackson County Missouri, 415 E. 12th St, Suite 202, Kansas City, Missouri, or by filing them in person with the Clerk of Court at that same address, (c) be served concurrently by US Certified Mail to Class Counsel at the addresses in FAQ 6 above and (c) be filed or postmarked on or before September 24, 2024.
Written objections must also contain: (1) your full name, address, telephone number, and email address (if any); (2) information identifying you as a Member of one or more Settlement Classes, including proof that you are a member of any such Settlement Class or Classes (e.g. a lease agreement with Hedgepath from during the class period); (3) a written statement of all grounds for the objection accompanied by any legal support for the objection (if any); (4) the identity of all counsel representing you; (5) the identity of all counsel representing you who will appear at the Final Fairness hearing; (6) a list of all Persons who will be called to testify at the Final Fairness Hearing in support of the objection; (7) a statement of whether you intend to personally appear and/or testify at the Final Fairness Hearing; (8) your signature or the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); (9) a list, by case name, court, and docket number, of all other cases in which you (directly or through counsel) has filed an objection to any proposed class action settlements in the last three years (if any); (10) a list, by case name, court, and docket number, of all other cases in which your counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlements in the last three years (if any); and (11) a list, by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.
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You are not required to hire your own lawyer, as the Court has already appointed Bryce Bell, Jenilee Zentrich, Jeff Lipman, Gina Chiala, and Amy Sweeny Davis to represent the Settlement Classes. However, if you wish, you do have the right to obtain your own attorney, but you’ll need to pay your own legal fees.
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If this Notice was sent to you at your current address, you do not have to do anything to receive any further notices concerning this case.
If it was forwarded by the postal service or otherwise addressed to you at an address that is not current, you should immediately notify the class administrator either by (i) emailing info@hedgepathtenantsettlement.com, or (ii) by sending a letter indicating what your current address is to:
Hedgepath v. Kauffman
Class Administrator, c/o Simpluris
PO Box 25226
Santa Ana, CA 92799
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If the Court approves the settlement agreement, then there will be no trial.
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The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Fairness Hearing, will be held to determine the fairness of the Settlement. At the Final Fairness Hearing, the Court will also consider whether to make final the certification of the Class for settlement purposes only, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and Class Representative Award that may be sought by Class Counsel. The Court will hold the Final Fairness Hearing on November 22, 2024, at 2:00 p.m. in Courtroom Division 13- 5th Floor of the Jackson County Circuit Court Courthouse. The hearing and date and time is subject to change. Updates to the date and time will be posted to this website as they become available.
If the Settlement is given final approval, the Court will not make any determination as to the merits of the claims against Hedgepath or its defenses to those claims. Instead, the Settlement’s terms will take effect and the lawsuit will be dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the Lawsuit, in a manner that provides specific and valuable benefits to the members of the Settlement Class.
If the Court does not approve the Settlement, if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid at this time and Settlement Class Members will receive no benefits from the Settlement. The Parties to the Lawsuit, and all of the Settlement Class Members will be in the same position as they were prior to the execution of the Settlement, and the Settlement will have no legal effect, no class will remain certified (conditionally or otherwise), and the Parties to the Lawsuit will continue to litigate the Lawsuit. There can be no assurance that if the Settlement is not approved, the Settlement Class will recover more than is provided in the Settlement, or indeed, anything at all.
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If you want additional information about this lawsuit and its proceedings, you may call the Class Administrator at 844-804-2239. You may also contact Class Counsel at the phone number, email, or address listed in Section 6 above. Please do not contact counsel for Hedgepath.
Additionally, if you wish to review the important documents in the Court’s docket in this case, including the Court’s orders concerning class certification, you may visit the Important Documents section of this website.
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