Dist. Ct. did not err in denying request by two class members in instant class action to opt out of settlement of class action so as to allow them to continue in their parallel Ohio state-court action that raised same claims that were at issue in class action, under circumstances where: (1) class members made request to opt out after deadline for doing so; (2) notice of opt-out was sent to instant class members via first-class mail; and (3) instant class members' legal counsel in Ohio state-court action were aware of class action settlement. Ct. rejected class members' contention that notice sent by first-class mail was insufficient notice under due process clause of 5th Amendment, where there was no evidence that said mail had been returned unopened. Also, Dist. Ct. could properly find that class members' delay in seeking opt-out of class was inexcusable, where their legal counsel was aware of class action settlement. Fact that class members continued their Ohio state-court action did not constitute "reasonable indication" of their desire to exclude them from class, and Dist. Ct. could rely on compliance with its own opt-out directives contained in notice when determining whether instant class members had done enough to opt-out of settlement agreement.
Federal 7th Circuit Court
Civil Court
Class Action