A Court authorized the Notice because you have a right to know about a proposed settlement of these class actions, including the right to claim money, and about all of your options, before the Court decides whether to give “final approval” to the Settlement. If the Court approves the parties’ Stipulation of Settlement (“Settlement Agreement”), and after any appeals are resolved, payments will be made to those who qualify and submit a valid claim. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for them, and how to get them.

Judge Eric A. Richardson in the State Court of Fulton County, Georgia, is overseeing these class actions. The cases are known as Brian Edlin et al v Boot Man Inc., d/b/a Premier Parking Enforcement, Case No. 18EV004241. The people who sued are called the “Plaintiffs,” and the company they sued is called the “Defendant.”

The lawsuit claims that Boot Man unlawfully booted vehicles from lots in Atlanta, Georgia. Boot Man has maintained that it lawfully and properly booted vehicles and has denied all allegations that it acted wrongfully or unlawfully.

Booting is the method of attaching a devise to a wheel or tire of a parked vehicle to prohibit the vehicle’s movement or operation.

In a class action, one or more people called “Class Representatives” (in this case Brian Edlin and Christian Sailor) sue on behalf of people who have similar claims. All these people are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

The Court did not decide in favor of the Plaintiffs or Boot Man, and has not found that Boot Man did anything wrong.  Instead, both sides agreed to settle. That way, they avoid the cost of a trial and potentially an appeal, and the people who qualify will get compensation. The Class Representatives and their attorneys think the Settlement is best for all Class Members. The Settlement does not mean that Boot Man did anything wrong, no trial has occurred, and no merits determinations have been made.

The Class includes everyone who owned a vehicle booted by Boot Man, was in possession of a vehicle booted by Boot Man, or paid for a boot to be removed by Boot Man in Atlanta, Georgia from August 9, 2012 to December 31, 2018.  

You are not included in the settlement if you (1) exclude yourself from this case; (2) were not booted by Boot Man in Atlanta, Georgia; or (3) had a vehicle booted by Boot Man prior to August 9, 2012 or after December 31, 2018.  Additionally Boot Man, and all present or former officers, directors, employees, partners, principals, shareholders and/or agents of Boot Man; any employees, officers, or directors of Boot Man’s insurers; members of the judiciary and their staff to whom these lawsuits are assigned; Class Counsel and their immediate family; Boot Man’s counsel of record and their immediate family; Boot Man’s insurers’ counsel and their immediate family; and all Persons who make a timely election to be excluded from the Settlement Class are not included in the Settlement.

This series of questions may also help you determine if you are a Class Member. Please answer all of the questions in order.

If you are not sure whether you are included in the Class, you should submit a Claim Form before September 26, 2022. 

The Settlement will pay to compensate eligible Class Members for Boot Man’s alleged unlawful booting of vehicles in Atlanta, Georgia. 

To qualify for a payment you must have had your vehicle booted by Boot Man in Atlanta, Georgia between August 9, 2012 and December 31, 2018 or paid to have the boot removed from such a vehicle.  You may qualify for payment: If you were driving the vehicle that was booted even if you did not own it.

Payments to eligible Class Members will be no more than $30.00 per claim, and is subject to revision based on the amount of claims submitted. If the amount of claims submitted exceeds the Subclass Settlement Fund, the settlement amount per Class Member will amount to the total number of submitted claims divided by the applicable Subclass Settlement Fund.

To ask for a payment, you must complete and timely submit a Claim Form. You can get a Claim Form HERE. You’ll need to attach any documents that you have showing that you owned or drove a vehicle that was booted by Boot Man during the Class Period, or that you paid to have a boot removed by Boot Man; that the vehicle was booted in Atlanta, Georgia and that the booting took place between August 9, 2012 and December 31, 2018.  Please read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than, September 26, 2022 to:

Boot Man Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
BootManClassAction@atticusadmin.com

The payments will be mailed to eligible Class Members who send in valid Claim Forms on time, after the Court grants “final approval” of the Settlement, any appeals are resolved, and the claims administration process described in paragraphs 53-55 of the Settlement Agreement is completed.  If Judge Richardson approves the Settlement after a hearing on October 26, 2022 (see the section “The Court’s Settlement Final Approval Hearing” below), there may be appeals. It’s always uncertain whether these appeals can be resolved and resolving them can take time.  Please be patient.

There is a process in the Settlement to resolve disagreements between you and Boot Man over whether you are eligible and how much money you should get. You will get further details in the letter you receive about your settlement claim. The Settlement Agreement available HERE also provides more information. 

Unless you exclude yourself, you are staying in the Class, and that means that you cannot individually sue Boot Man over the claims settled in these cases. It also means all of the Court’s orders will apply to you and legally bind you. If you submit a Claim Form, or simply stay in the Class, you will agree to “release and discharge” Boot Man as described in Section V of the Settlement Agreement. A complete copy of the Settlement Agreement can be obtained HERE. The Settlement Agreement specifically describes the released claims in necessarily accurate legal terminology. Talk to Class Counsel (See the section on “The Lawyers Representing You”) or your own lawyer if you have questions about the released claims or what they mean.

To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from Brian Edlin, et al. v Boot Man, Inc., d/b/a Premier Parking Enforcement, Case No.18EV004241 (Atlanta). You must include the case number, your full name, address, telephone number, and your signature. You must also include a clear statement that you wish to be excluded from the Settlement Class. You must mail your request for exclusion postmarked by September 26, 2022 to:

Boot Man Settlement Claims
c/o Atticus Administration, LLC
PO Box 64053
St. Paul, MN 55164
BootManClassAction@atticusadmin.com

No. Unless you exclude yourself, you give up any right to individually sue Boot Man for the claims this Settlement resolves. You must exclude yourself from this Class to individually sue Boot Man over the claims resolved by this Settlement.  Remember, the Exclusion deadline is September 26, 2022. 

No. If you exclude yourself, do not submit a Claim Form to ask for a payment.

The Court appointed the Wetherington Law Firm, P.C. to represent you and other Class Members as “Class Counsel.” You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.

Class Counsel will ask the Court for up to $11,225,00 to cover attorneys’ fees and reimbursement of their expenses. Class Counsel will also ask that $10,000 be awarded to Class Representatives Brian Edlin and Christian Sailer, for representing the Class. Boot Man has agreed not to oppose the request for fees and expenses up to the amount above. The Court may award less than this amount. Boot Man will separately pay the fees and expenses the Court orders. These payments will not reduce the amount distributed to Class Members. Boot Man will also separately pay the costs to administer the Settlement.

If you don’t want the Court to approve the Settlement you must file a written objection in the case with the State Court of Fulton County, Georgia, and send a copy to the Administrator as noted below. You must include the name of the case Brian Edlin, et al. v Boot Man, Inc., d/b/a Premier Parking Enforcement, Case No.18EV004241, your full name, address, telephone number, your signature, the specific reasons why you object to the Settlement, and a statement as to whether you intend to appear at the Settlement Final Approval Hearing in person or through counsel.  If you do intend to appear at the Settlement Final Approval Hearing to object to the Settlement, you must also provide with your written objection a detailed statement of the specific legal and factual basis for each objection, a list of any witnesses you will call at the hearing with each witness’ address and summary of the witness’ testimony, a detailed description of all evidence you will offer at the hearing with copies of the exhibits attached, a list of the legal authority you will present at the hearing, and documentary proof of your membership in the Class. You or your lawyer may appear at the Settlement Final Approval Hearing if you have filed a written objection as provided above.  (See the section on the “Court’s Settlement Final Approval Hearing” below). If you have a lawyer file an objection for you, he or she must follow all Georgia rules and you must list the attorney’s name, address, bar number and telephone number in the written objection filed with the Court.

Objecting is simply telling the Court you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you object, and the Court approves the Settlement anyway, you will still be legally bound by the result.

The Court has scheduled a Settlement Final Approval Hearing on October 26, 2022 at 10:00 a.m. at the Fulton County Courthouse, Atlanta, Georgia. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Richardson may listen to people who have asked to speak about an objection according to the above section. The Court may also decide how much to award Class Counsel as fees for representing the Class and whether and how much to award the Class Representative for representing the Class. At or after the hearing, the Court will decide whether to approve the Settlement. It is not known how long this decision will take

If you filed a written objection, you or your lawyer acting on your behalf may attend the Settlement Final Approval Hearing, but you are not required to do so. Class Counsel will answer any questions Judge Richardson may have. But, you are welcome to come at your own expense. You may also pay your own lawyer to attend, but it’s not necessary, unless you choose to have a lawyer appear on your behalf to object to the Settlement. 

If you submitted a proper written objection to the Settlement, you or your lawyer acting on your behalf may speak at the Settlement Final Approval Hearing. You cannot speak at the Hearing if you exclude yourself

If you do nothing, you’ll get no payment from this Settlement.  But, unless you exclude yourself, you won’t be able to individually sue Boot Man for the claims resolved in this case.

The notices summarizes the proposed Settlement.  More details are in the Settlement Agreement. If you have questions, contact the Settlement Administrator. Do not contact the Court.