Yoby v. City of Cleveland

Welcome to the Yoby v. City of Cleveland Case Website

Case Summary

If you were a Cleveland Public Power customer at any time between April 1, 1984 and the present and you paid a bill that included an “Energy Adjustment Charge” during a time when Cleveland Public Power was making an “Environmental Adjustment” in the billed “Energy Adjustment Charge” your rights may be affected.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
DO NOTHING AND REMAIN A CLASS MEMBER	By doing nothing, you will be included in this lawsuit as a Class Member. This means that you may share in any monetary recovery that might come from a trial or a settlement in this case. You will, however, give up any rights to sue the City of Cleveland for the claims that are at issue in this Class Action and you will be bound by any judgments or orders entered by the Court in this Class Action.
EXCLUDE YOURSELF FROM THE CLASS ("Opt-Out") BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION THAT IS RECEIVED NO LATER THAN MARCH 20, 2018.	If you wish to be excluded from the Class, you must complete and return the “Opt-Out Form”. If you exclude yourself from the Class, you will not be eligible to share in any potential monetary recovery obtained by the Class. This means that you give up the possibility of a monetary recovery that may come from a trial or settlement in this case. If you exclude yourself from the Class, however, you will not be bound by any judgments or orders entered by the Court in this Class Action and you will retain any rights you may have to sue the City of Cleveland on your own for the same claims at issue in this Class Action. Opting out of the Class is the only option that allows you to ever be a part of any other lawsuit against these Defendants concerning the same claims at issue in this Class Action. The Opt-Out Form must be received no later than March 20, 2018. You will not be able to exclude yourself from the Class after that date. A request for exclusion from the Class shall not be valid unless it provides all of the information requested on the Opt-Out Form and the completed Opt-Out Form is received within the time stated above, or is otherwise accepted by the Court. If you do not want to be part of the Class, you must follow these instructions for exclusion even if you have pending, or later file, another lawsuit, arbitration or other proceeding against these Defendants concerning the same claims at issue in this Class Action.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

DO NOTHING AND REMAIN A CLASS MEMBER

By doing nothing, you will be included in this lawsuit as a Class Member. This means that you may share in any monetary recovery that might come from a trial or a settlement in this case. You will, however, give up any rights to sue the City of Cleveland for the claims that are at issue in this Class Action and you will be bound by any judgments or orders entered by the Court in this Class Action.

EXCLUDE YOURSELF FROM THE CLASS ("Opt-Out") BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION THAT IS RECEIVED NO LATER THAN MARCH 20, 2018.

If you wish to be excluded from the Class, you must complete and return the “Opt-Out Form”.

If you exclude yourself from the Class, you will not be eligible to share in any potential monetary recovery obtained by the Class. This means that you give up the possibility of a monetary recovery that may come from a trial or settlement in this case. If you exclude yourself from the Class, however, you will not be bound by any judgments or orders entered by the Court in this Class Action and you will retain any rights you may have to sue the City of Cleveland on your own for the same claims at issue in this Class Action. Opting out of the Class is the only option that allows you to ever be a part of any other lawsuit against these Defendants concerning the same claims at issue in this Class Action.

The Opt-Out Form must be received no later than March 20, 2018. You will not be able to exclude yourself from the Class after that date. A request for exclusion from the Class shall not be valid unless it provides all of the information requested on the Opt-Out Form and the completed Opt-Out Form is received within the time stated above, or is otherwise accepted by the Court. If you do not want to be part of the Class, you must follow these instructions for exclusion even if you have pending, or later file, another lawsuit, arbitration or other proceeding against these Defendants concerning the same claims at issue in this Class Action.

Under no circumstances should customers contact the Cuyahoga County Court of Common Pleas, Judge Janet Burnside, or her staff, during the pendency of this action.

Although the information in this website is intended to assist you, it does not replace the information contained in the Class Notice or the Settlement Agreement, all of which can be downloaded from this website.