This page describes in detail each potential phase of litigation in your case. As you have now seen, you will receive an email update each time your case is moved into a new phase of litigation. You may use this document as a guide to better understanding each of these phases of litigation. Please keep in mind that your case may not necessarily undergo each of these phases. Please feel free to reach out if you have any additional inquiries. Click on the below phase to read more.
Investigation
Draft & Send CLRA Notice
Draft & File Complaint
Case Stayed
Pleadings
Discovery/Motion to Compel
Scheduling Mediation/Mediation
Case Settled – Class Action
Individual Settlement Negotiations
Case Settled (Individual)
Class Action Settlement Negotiations/Informal Settlement
Class Action Approval – Preliminary Approval
Class Action Approval – Final Approval/Order Granted For Final Approval
Class Certification
Arbitration
Compliance Hearing
Dismissal/Case Closed
Withdraw Representation
Investigation
The Investigation Phase typically takes between 2-4 weeks.
The first step of your case will be for our firm to investigate into your prospective claims. The investigation typically will include one or several of our attorneys or legal assistants contacting you to discuss your experience and claims in detail, among other more specific information. They will also ask you to produce certain pieces of documentation, such as receipts, credit card or other payment bills/invoices, call or text message records, email records, etc.
Draft & Send CLRA Notice
It takes on average 2-3 months for the Draft & Send CLRA Notice phase to be completed.
Typically, upon completing our investigation, we will draft a Consumer Legal Remedies Act (“CLRA”) Notice. The CLRA Notice is an exhaustive, approx. 10-40 page letter that sets forth all the alleged claims of fraud, misrepresentation and/or false advertising being alleged and the theories underlying those violations. It is a requirement under California law that we mail this Notice certified to the defendant companies at least 30 days prior to filing the representative lawsuit. In the interim, while we are waiting on the 30-day expiration, we draft and finalize the lawsuit complaint to file with the Court.
Draft & File Complaint
It takes on average 2-3 months for the Draft & File Complaint phase to be completed.
All lawsuits in California must be filed with either a state court (also known as a Superior Court) or a federal court in California. State courts, generally speaking, are more liberal and friendly to employment-related actions than federal courts so we almost always prefer to file in state court. State courts are split up by jurisdiction (essentially by county). However, there are certain procedural laws that require us to file in federal court under in certain circumstances. For example, if the defendant company is an out of state registered business and the class action claims in the aggregate (for all class members recovery not just you as a plaintiff) are potentially over $5 million dollars, then the case must be filed/litigated in federal court. This is very common with consumer and privacy class actions.
Once your case is filed, the next step is to serve the lawsuit complaint on the defendant(s) in the case. The defendants typically consist of companies who violated your rights, any affiliated/parent/subsidiary companies we deem proper defendants, and any managing agents we deem to be proper defendants (i.e. owners, spokespersons, etc.). There are times where the company early on will provide us with information as to why one or some of the defendants named in the lawsuit should be dismissed (i.e. they were not proper defendants for some reason), which case we will dismiss them from the lawsuit or take other action to remove them from the suit. We typically use a process server to serve the lawsuit complaint on the defendants.
Once the lawsuit is served, the company has 30 days to respond to the lawsuit, typically by filing what is called an “Answer.” The defendants can also file other types of responses to a lawsuit, such as a “demurrer” or “motion to strike” prior to filing their answer. If they file any of these, then the parties meet and confer to see if they can work out the reasons why the defendants feel there is a defect in the way in which the complaint is alleged, and if the parties cannot agree then they must file briefs and argue their points for the judge to decide. Typically, at some point, the defendants will need to file an Answer the complaint.
Generally, within the first 1-3 months of filing a lawsuit, the court also sets an initial status conference where both parties by and through their lawyers attend an initial hearing with the court to discuss the case. Prior to this hearing, the attorneys meet telephonically to discuss the case, the optics for litigation, any potential for early settlement or mediation of the case, among other issues.
While we await the first hearing with the court, we prepare/draft discovery to send to the defendants. Discovery is essentially a request for information and a request for a production of documents to the defendants. While they have the right to object to these questions, if they do not have good reason to object, then the defendants must respond under oath by either providing the information and/or documentation. For example, we typically request copies of all the product labels for a false advertising claim over the past 3 years, or in a call recording case we will ask for all the call records for the statutory period of time, or in a deceptive subscription case we will ask for all the contact information of the subscribers of the company and how much they paid for their subscriptions. The purpose of this is to gather evidence of the fraud, misrepresentation or false advertising.
If the defendants do not provide this information, then we must file a “motion to compel” with the court, which the defendants can oppose, and the judge will rule on what discovery needs to be produced.
With class and PAGA actions, many courts in California have a “stay” on the case until the initial status conference. This means that the parties are not permitted to engage in discovery until the parties hold the initial status conference with the court. Again, this varies court by court.
Case Stayed
Upon filing your complaint, it is likely to be in the Case Stayed phase for approximately 2-4 months.
As mentioned, generally, within the first 2-4 months of filing a lawsuit, the court also sets an initial status conference where both parties by and through their lawyers attend an initial hearing with the court to discuss the case. Under normal circumstances, this hearing is generally scheduled by the court within 1 to 3 months after filing the case. However, due to COVID-19, many courts have scheduled the initial status conference 4-6 months after the filing of the case. It truly varies from court to court.
With class and PAGA actions (which are typically deemed to be “complex” cases that are heard in “complex court”), many complex courts in California have a “stay” on the case until the initial status conference. This means that the parties are not permitted to engage in discovery or any substantive law an motion until after the initial status conference with the court. Again, this varies court by court.
Pleadings
The Pleadings phase typically lasts between 2-6 months.
The pleadings phase of a case occurs after the complaint is filed and generally prior to discovery beginning. Upon a complaint being filed and served, all of the defendants must respond to the lawsuit complaint within thirty (30) days of being served by filing a “responsive pleading.” Typically, defendants will file an “Answer” to the lawsuit. The Answer will assert all of their defenses to the lawsuit that they intend to assert during litigation and ultimately in a trial.
However, there are multiple other types of responsive pleadings that a defendant can file rather than an Answer or prior to filing an Answer, such as a demurrer, a motion to quash, a cross-complaint, a removal to federal court, among others. These responsive pleadings generally relate to the defendant asserting a procedural deficiency with plaintiff’s lawsuit complaint, a request to change the jurisdictions from state to federal court based on certain factors, or a desire to include other parties into the lawsuit. When the defendant files a responsive pleading other than an Answer, it can and generally does result in law & motion whereby the parties each draft briefs on the issues advocating for their position, argue their points in court and ultimately the judge will render a decision. There are times where the parties will agree to one a change requested by one of the parties through a “stipulation.”
Discovery/Motion to Compel
The Discovery phase typically lasts between a year to one year and a half.
Discovery is essentially a request for information and a request for a production of documents to the defendants. While they have the right to object to these questions, if they do not have good reason to object, then the defendants must respond under oath by either providing the information and/or documentation. For example, we typically request copies of all the product labels for a false advertising claim over the past 3 years, or in a call recording case we will ask for all the call records for the statutory period of time, or in a deceptive subscription case we will ask for all the contact information of the subscribers of the company and how much they paid for their subscriptions. The purpose of this is to gather evidence of the fraud, misrepresentation or false advertising.
If the defendants do not provide this information, then we must file a “motion to compel” with the court, which the defendants can oppose, and the judge will rule on what discovery needs to be produced.
Discovery also consists of “depositions.” A deposition as a live interview of an individual who is typically a person most knowledgeable on a relevant topic to the case. The interview can last anywhere from 2-8 hours, depending on the person being deposed and the topics involved. We are permitted to take the deposition of the “person most knowledgeable” on certain issues in the case such as pay policies, etc. You should keep in mind that as the plaintiff in the lawsuit, the defendants also have a right to depose you as well. This is generally a one time deposition for a few hours. During COVID-19, depositions are being held virtually from a home computer. If you do not have access to a home computer, our office can mail you a laptop for use during the deposition. We typically schedule at least one or two calls with you prior to your deposition in order to prepare you for same.
Scheduling Mediation/Mediation
In our experience, the Mediation phase typically takes approximately 3-9 months.
Mediation occurs when the parties would like to attempt to resolve the case through a settlement. The parties agree to hire a third party mediator, typically a retired judge or former attorney highly experienced in the area of law, and schedule a date where the parties meet with the mediator for a full day and attempt to settle the case. The parties will propose mediators to each other until they agree on an acceptable one, and then will schedule the mediation.
The parties generally split the cost of the mediation, which can be anywhere from a $5,000 to $15,000 cost to each party. Crosner Legal will advance the costs of your mediation, and even if the case never resolves (which is highly unlikely), you will not owe these costs to Crosner Legal.
There is a lot of work that goes into preparing for the mediation. The defendants must produce hundreds, if not thousands, of documents and data points to us, which we then review and evaluate, and retain an expert to analyze in most cases. The information/documentation request and expect the defendants to produce is similar to the information and documentation described in the discovery section above. The parties also typically draft separate mediation briefs outlining their arguments to provide to the third party mediator prior to mediation. We will be contacting you within 1-4 weeks prior to the mediation to discuss the mediation process with you in more detail and to obtain your input for the mediation brief.
Mediations were traditionally held in person, but with the COVID-19 most are now being held virtually. They typically last all day (8-16 hours). You do not need to be present at the mediation unless we tell you otherwise, but you have the option to if you’d like. We do ask that you be available by phone for the entire day of mediation.
Case Settled – Class Action
The Case Settled phase typically lasts approximately 2-4 months.
Good news – if you have received a notification for this phase of litigation, this means that your class action case has settled in principal! There are several additional steps following settlement of your case.
Typically, the first step is that the parties (including you) will execute a Memorandum of Understanding (“MOU”). The MOU is like a term sheet that reflects the material terms to the Settlement. The next step following the signing of the MOU, is that the attorneys for both parties will draft the “long form settlement agreement.” The long form settlement agreement is a very exhaustive settlement agreement between the parties with many terms and conditions. The process of drafting and agreeing to all the terms and conditions generally takes between 30-60 days, at which time all parties (including you) will sign it.
Thereafter, we schedule a hearing for preliminary approval of the settlement with the court, draft an extensive brief for the court explaining why the settlement is a fair and reasonable settlement. Once approved by the court, then notices of the settlement are mailed to all class members =. Each class member typically has between 30-45 days to decide whether they want to accept their portion of the settlement or, in the alternative, opt-out of the settlement and retain their rights to bring their own lawsuit for their individual damages. After the 45 days, we go back to court a final time for final approval. Once the court grants final approval, payment to everyone including you for your prospective class representative award and portion of the settlement, to all the class members, and to us for attorneys’ fees and costs, will be within approximately 30-60 days in most cases.
Individual Settlement Negotiations
The Individual Settlement Negotiations phase typically lasts between 2-6 months.
Individual settlement negotiations means that our law firm is attempting to negotiate you a settlement, but not any other class members. Put another way, to settle individually means that no other individual, except you, will be compensated for the alleged violations.
Notably, there are times where it may make sense for us to negotiate you an individual settlement even if your case is filed as a class action. For example, if there are other previously filed class actions with the same or similar claims, then we may not be able to move forward with your case on a class basis because it would be duplicative of another case. Another example would be if we find out that the alleged violation only affect a very small amount of individuals in California such that pursuing a class action isn’t proper or sensical.
Case Settled (Individual)
The Case Settled phase typically lasts between 1-3 months.
Good news – if you have received a notification for this phase of litigation, this means that your case has settled individually!
There are generally a few additional steps following settlement of your case. First, the parties will draft and agree to the terms and conditions of a settlement agreement, which generally takes 30 days or less, at which time all parties (including you) will execute the settlement agreement.
Class Action Settlement Negotiations/Informal Settlement
The duration of this phase is typically between 2-6 months.
For class actions actions, the parties will typically schedule and attend a mediation in order to settle the case (see above Mediation phase). However, at times, the parties will attempt to negotiate a settlement informally outside of mediation. This can occur for several reasons. First, the parties may have already attended a mediation and the case did not settle but are continuing to negotiate amongst each other in order to settle. Second, the case is smaller in size or the defendant company did not have the financial capabilities or willingness to justify paying the $5,000 to $15,000 for a mediator. There are many other reasons as well.
Class Action Approval – Preliminary Approval
The Preliminary Approval phase typically lasts between 2-6 months.
When a class action is settled, the parties agree to the settlement terms by executing a settlement agreement. Then, the settlement agreement must be approved by the court. The judge in the case must agree that the terms of the settlement are fair, reasonable and adequate to the class members. Plaintiff’s attorneys (Crosner Legal) drafts a motion for preliminary approval and supporting papers, explaining to the judge in detail why the settlement is fair, reasonable and adequate. The supporting documents include a declaration from you, the class representative, in support of the settlement, and in support of the class representative enhancement award being requested on your behalf.
Preliminary approval is the first step in the settlement approval process. After filing our motion, there will be a hearing date with the court to decide if the settlement is approved. Typically, the court will either approve the settlement on the date of the hearing, or request some revisions/clarifications to the settlement and reset the hearing date for a weeks from then.
When the court preliminarily approves the settlement, then shortly thereafter notices of the settlement will be mailed by the third-party settlement administrator to all of the class members informing them of the settlement. The class members will be provided with 45 days to opt-out of the settlement if they so choose. Once that 45-day period has elapsed, we must go back to court for final approval and provide the court with the number of class members who decided to opt-out, as well as other information.
Class Action Approval – Final Approval/Order Granted For Final Approval
The Final Approval phase typically lasts between 3-6 months.
As explained above, when the court preliminarily approves the settlement, then shortly thereafter notices of the settlement will be mailed by the third-party settlement administrator to all of the class members informing them of the settlement. The class members will be provided with 45 days to opt-out of the settlement if they so choose. Once that 45-day period has elapsed, we must go back to court for final approval and provide the court with the number of class members who decided to opt-out, as well as other information. If the court grants final approval at that hearing, then the settlement distribution (payment to you, the class members, and our attorneys’ fees and costs) is generally within 30-60 days after final approval is granted, unless the settlement extended payment due to financial hardship of the defendant.
Class Certification
The Class Certification phase typically lasts between 3-6 months.
In a class action lawsuit, the court must “certify” the class before it can proceed as a class action.
Certification means that the court has determined that a class action is the best option to manage the multiple claims. In order for a class action to proceed to trial, the class must be certified first.
This process does not constitute that the judge believes that the defendant is liable for violations or that the jury will find the defendant so. Instead, it is a matter of determining whether there are enough similarities in a number of cases that justify joining them together.
Practically speaking, a majority of class action lawsuits (over 90%) settle prior to class certification. In fact, many courts require the parties to attempt mediation before class certification. A primary reason for this is that the cost of litigating the case through class certification is very expensive for both parties, particularly the defendants, which provides them incentive to attempt to settle the case before then.
Arbitration
The Arbitration phase typically lasts approximately one year.
Arbitration is a private process where disputing parties agree that a neutral third party experienced in the area of law can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute, similar to a judge and/or jury in a civil lawsuit.
The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. After the hearing, the arbitrator issues an award.
It is very common that companies will allege that a consumer signed an arbitration that was included in the terms and conditions of a website or on the paperwork they signed when they purchased something from the company. The primary reason companies require arbitration agreements to be signed is because individuals generally cannot file a class action lawsuit when they have signed an arbitration agreement. If you signed an arbitration agreement, the defendant company may attempt to file a Motion to Compel Arbitration in which case the Court will decide whether the arbitration agreement is binding. If the Court decides same, then you can only bring these claims in arbitration and only on an individual basis for your individual damages.
Compliance Hearing
After a class action lawsuit is settled and the funds are disbursed to all of the class members, the Court requires us to go back to Court in order to demonstrate that the all of the funds were properly disbursed and that any checks that were not deposited by the class members were sent to the State’s Unclaimed Fund or to an advocacy group/non-profit approved by the Court. The Compliance Hearing typically occurs approximately 9 months to one year after Final Approval or PAGA Approval. Notably, the plaintiff representative is paid their settlement shortly after Final Approval or PAGA Approval, far in advance of the Compliance Hearing.
Dismissal/Case Closed
After a case is settled, the plaintiff must affirmatively request dismissal from the Court to end the case. This can occur as a result of settlement or for any other reason decided by the plaintiff or the parties.
Withdraw Representation
This phase means that Crosner Legal has unfortunately decided not to move forward with our representation of you in any claims, and thus no attorney-client relationship will continue following our notice to you of our withdraw of representation. There can be many reasons for our firm withdrawing representation, and it does not in any way mean that you do not have valid claims. Please carefully read our letter/email notifying you of withdrawing representation as it provides very important information about your claims, time limits to file them, and other significant things to know about your claims.
For more detailed updates, please contact James Reid with our Law Firm at the below information:
- To Text or Call: (323) 686-2096
- To Email: james@crosnerlegal.com
Lastly, it is imperative that you keep us informed if you change your contact information, including either phone number, email address or residence address. You will receive a text message and email from us every two 60-90 days reminding you to provide us with any changes to this information. Please fill out the form in the text and/or email we send if you change your contact information. In the alternative, you may text or call at the above contact information to provide your updated contact information.
This page describes in detail each potential phase of litigation in your case. As you have now seen, you will receive an email update each time your case is moved into a new phase of litigation. You may use this document as a guide to better understanding each of these phases of litigation. Please keep in mind that your case may not necessarily undergo each of these phases. Please feel free to reach out if you have any additional inquiries.
Investigation
The Investigation Phase typically takes between 2-4 weeks.
The first step of your case will be for our firm to investigate into your prospective claims. The investigation typically will include one or several of our attorneys or legal assistants contacting you to discuss your experience and claims in detail, among other more specific information. They will also ask you to produce certain pieces of documentation, such as receipts, credit card or other payment bills/invoices, call or text message records, email records, etc.
Draft & Send CLRA Notice
It takes on average 2-3 months for the Draft & Send CLRA Notice phase to be completed.
Typically, upon completing our investigation, we will draft a Consumer Legal Remedies Act (“CLRA”) Notice. The CLRA Notice is an exhaustive, approx. 10-40 page letter that sets forth all the alleged claims of fraud, misrepresentation and/or false advertising being alleged and the theories underlying those violations. It is a requirement under California law that we mail this Notice certified to the defendant companies at least 30 days prior to filing the representative lawsuit. In the interim, while we are waiting on the 30-day expiration, we draft and finalize the lawsuit complaint to file with the Court.
Draft & File Complaint
It takes on average 2-3 months for the Draft & File Complaint phase to be completed.
All lawsuits in California must be filed with either a state court (also known as a Superior Court) or a federal court in California. State courts, generally speaking, are more liberal and friendly to employment-related actions than federal courts so we almost always prefer to file in state court. State courts are split up by jurisdiction (essentially by county). However, there are certain procedural laws that require us to file in federal court under in certain circumstances. For example, if the defendant company is an out of state registered business and the class action claims in the aggregate (for all class members recovery not just you as a plaintiff) are potentially over $5 million dollars, then the case must be filed/litigated in federal court. This is very common with consumer and privacy class actions.
Once your case is filed, the next step is to serve the lawsuit complaint on the defendant(s) in the case. The defendants typically consist of companies who violated your rights, any affiliated/parent/subsidiary companies we deem proper defendants, and any managing agents we deem to be proper defendants (i.e. owners, spokespersons, etc.). There are times where the company early on will provide us with information as to why one or some of the defendants named in the lawsuit should be dismissed (i.e. they were not proper defendants for some reason), which case we will dismiss them from the lawsuit or take other action to remove them from the suit. We typically use a process server to serve the lawsuit complaint on the defendants.
Once the lawsuit is served, the company has 30 days to respond to the lawsuit, typically by filing what is called an “Answer.” The defendants can also file other types of responses to a lawsuit, such as a “demurrer” or “motion to strike” prior to filing their answer. If they file any of these, then the parties meet and confer to see if they can work out the reasons why the defendants feel there is a defect in the way in which the complaint is alleged, and if the parties cannot agree then they must file briefs and argue their points for the judge to decide. Typically, at some point, the defendants will need to file an Answer the complaint.
Generally, within the first 1-3 months of filing a lawsuit, the court also sets an initial status conference where both parties by and through their lawyers attend an initial hearing with the court to discuss the case. Prior to this hearing, the attorneys meet telephonically to discuss the case, the optics for litigation, any potential for early settlement or mediation of the case, among other issues.
While we await the first hearing with the court, we prepare/draft discovery to send to the defendants. Discovery is essentially a request for information and a request for a production of documents to the defendants. While they have the right to object to these questions, if they do not have good reason to object, then the defendants must respond under oath by either providing the information and/or documentation. For example, we typically request copies of all the product labels for a false advertising claim over the past 3 years, or in a call recording case we will ask for all the call records for the statutory period of time, or in a deceptive subscription case we will ask for all the contact information of the subscribers of the company and how much they paid for their subscriptions. The purpose of this is to gather evidence of the fraud, misrepresentation or false advertising.
If the defendants do not provide this information, then we must file a “motion to compel” with the court, which the defendants can oppose, and the judge will rule on what discovery needs to be produced.
With class and PAGA actions, many courts in California have a “stay” on the case until the initial status conference. This means that the parties are not permitted to engage in discovery until the parties hold the initial status conference with the court. Again, this varies court by court.
Case Stayed
Upon filing your complaint, it is likely to be in the Case Stayed phase for approximately 2-4 months.
As mentioned, generally, within the first 2-4 months of filing a lawsuit, the court also sets an initial status conference where both parties by and through their lawyers attend an initial hearing with the court to discuss the case. Under normal circumstances, this hearing is generally scheduled by the court within 1 to 3 months after filing the case. However, due to COVID-19, many courts have scheduled the initial status conference 4-6 months after the filing of the case. It truly varies from court to court.
With class and PAGA actions (which are typically deemed to be “complex” cases that are heard in “complex court”), many complex courts in California have a “stay” on the case until the initial status conference. This means that the parties are not permitted to engage in discovery or any substantive law an motion until after the initial status conference with the court. Again, this varies court by court.
Pleadings
The Pleadings phase typically lasts between 2-6 months.
The pleadings phase of a case occurs after the complaint is filed and generally prior to discovery beginning. Upon a complaint being filed and served, all of the defendants must respond to the lawsuit complaint within thirty (30) days of being served by filing a “responsive pleading.” Typically, defendants will file an “Answer” to the lawsuit. The Answer will assert all of their defenses to the lawsuit that they intend to assert during litigation and ultimately in a trial.
However, there are multiple other types of responsive pleadings that a defendant can file rather than an Answer or prior to filing an Answer, such as a demurrer, a motion to quash, a cross-complaint, a removal to federal court, among others. These responsive pleadings generally relate to the defendant asserting a procedural deficiency with plaintiff’s lawsuit complaint, a request to change the jurisdictions from state to federal court based on certain factors, or a desire to include other parties into the lawsuit. When the defendant files a responsive pleading other than an Answer, it can and generally does result in law & motion whereby the parties each draft briefs on the issues advocating for their position, argue their points in court and ultimately the judge will render a decision. There are times where the parties will agree to one a change requested by one of the parties through a “stipulation.”
Discovery/Motion to Compel
The Discovery phase typically lasts between a year to one year and a half.
Discovery is essentially a request for information and a request for a production of documents to the defendants. While they have the right to object to these questions, if they do not have good reason to object, then the defendants must respond under oath by either providing the information and/or documentation. For example, we typically request copies of all the product labels for a false advertising claim over the past 3 years, or in a call recording case we will ask for all the call records for the statutory period of time, or in a deceptive subscription case we will ask for all the contact information of the subscribers of the company and how much they paid for their subscriptions. The purpose of this is to gather evidence of the fraud, misrepresentation or false advertising.
If the defendants do not provide this information, then we must file a “motion to compel” with the court, which the defendants can oppose, and the judge will rule on what discovery needs to be produced.
Discovery also consists of “depositions.” A deposition as a live interview of an individual who is typically a person most knowledgeable on a relevant topic to the case. The interview can last anywhere from 2-8 hours, depending on the person being deposed and the topics involved. We are permitted to take the deposition of the “person most knowledgeable” on certain issues in the case such as pay policies, etc. You should keep in mind that as the plaintiff in the lawsuit, the defendants also have a right to depose you as well. This is generally a one time deposition for a few hours. During COVID-19, depositions are being held virtually from a home computer. If you do not have access to a home computer, our office can mail you a laptop for use during the deposition. We typically schedule at least one or two calls with you prior to your deposition in order to prepare you for same.
Scheduling Mediation/Mediation
In our experience, the Mediation phase typically takes approximately 3-9 months.
Mediation occurs when the parties would like to attempt to resolve the case through a settlement. The parties agree to hire a third party mediator, typically a retired judge or former attorney highly experienced in the area of law, and schedule a date where the parties meet with the mediator for a full day and attempt to settle the case. The parties will propose mediators to each other until they agree on an acceptable one, and then will schedule the mediation.
The parties generally split the cost of the mediation, which can be anywhere from a $5,000 to $15,000 cost to each party. Crosner Legal will advance the costs of your mediation, and even if the case never resolves (which is highly unlikely), you will not owe these costs to Crosner Legal.
There is a lot of work that goes into preparing for the mediation. The defendants must produce hundreds, if not thousands, of documents and data points to us, which we then review and evaluate, and retain an expert to analyze in most cases. The information/documentation request and expect the defendants to produce is similar to the information and documentation described in the discovery section above. The parties also typically draft separate mediation briefs outlining their arguments to provide to the third party mediator prior to mediation. We will be contacting you within 1-4 weeks prior to the mediation to discuss the mediation process with you in more detail and to obtain your input for the mediation brief.
Mediations were traditionally held in person, but with the COVID-19 most are now being held virtually. They typically last all day (8-16 hours). You do not need to be present at the mediation unless we tell you otherwise, but you have the option to if you’d like. We do ask that you be available by phone for the entire day of mediation.
Case Settled – Class Action
The Case Settled phase typically lasts approximately 2-4 months.
Good news – if you have received a notification for this phase of litigation, this means that your class action case has settled in principal! There are several additional steps following settlement of your case.
Typically, the first step is that the parties (including you) will execute a Memorandum of Understanding (“MOU”). The MOU is like a term sheet that reflects the material terms to the Settlement. The next step following the signing of the MOU, is that the attorneys for both parties will draft the “long form settlement agreement.” The long form settlement agreement is a very exhaustive settlement agreement between the parties with many terms and conditions. The process of drafting and agreeing to all the terms and conditions generally takes between 30-60 days, at which time all parties (including you) will sign it.
Thereafter, we schedule a hearing for preliminary approval of the settlement with the court, draft an extensive brief for the court explaining why the settlement is a fair and reasonable settlement. Once approved by the court, then notices of the settlement are mailed to all class members =. Each class member typically has between 30-45 days to decide whether they want to accept their portion of the settlement or, in the alternative, opt-out of the settlement and retain their rights to bring their own lawsuit for their individual damages. After the 45 days, we go back to court a final time for final approval. Once the court grants final approval, payment to everyone including you for your prospective class representative award and portion of the settlement, to all the class members, and to us for attorneys’ fees and costs, will be within approximately 30-60 days in most cases.
Individual Settlement Negotiations
The Individual Settlement Negotiations phase typically lasts between 2-6 months.
Individual settlement negotiations means that our law firm is attempting to negotiate you a settlement, but not any other class members. Put another way, to settle individually means that no other individual, except you, will be compensated for the alleged violations.
Notably, there are times where it may make sense for us to negotiate you an individual settlement even if your case is filed as a class action. For example, if there are other previously filed class actions with the same or similar claims, then we may not be able to move forward with your case on a class basis because it would be duplicative of another case. Another example would be if we find out that the alleged violation only affect a very small amount of individuals in California such that pursuing a class action isn’t proper or sensical.
Case Settled (Individual)
The Case Settled phase typically lasts between 1-3 months.
Good news – if you have received a notification for this phase of litigation, this means that your case has settled individually!
There are generally a few additional steps following settlement of your case. First, the parties will draft and agree to the terms and conditions of a settlement agreement, which generally takes 30 days or less, at which time all parties (including you) will execute the settlement agreement.
Class Action Settlement Negotiations/Informal Settlement
The duration of this phase is typically between 2-6 months.
For class actions actions, the parties will typically schedule and attend a mediation in order to settle the case (see above Mediation phase). However, at times, the parties will attempt to negotiate a settlement informally outside of mediation. This can occur for several reasons. First, the parties may have already attended a mediation and the case did not settle but are continuing to negotiate amongst each other in order to settle. Second, the case is smaller in size or the defendant company did not have the financial capabilities or willingness to justify paying the $5,000 to $15,000 for a mediator. There are many other reasons as well.
Class Action Approval – Preliminary Approval
The Preliminary Approval phase typically lasts between 2-6 months.
When a class action is settled, the parties agree to the settlement terms by executing a settlement agreement. Then, the settlement agreement must be approved by the court. The judge in the case must agree that the terms of the settlement are fair, reasonable and adequate to the class members. Plaintiff’s attorneys (Crosner Legal) drafts a motion for preliminary approval and supporting papers, explaining to the judge in detail why the settlement is fair, reasonable and adequate. The supporting documents include a declaration from you, the class representative, in support of the settlement, and in support of the class representative enhancement award being requested on your behalf.
Preliminary approval is the first step in the settlement approval process. After filing our motion, there will be a hearing date with the court to decide if the settlement is approved. Typically, the court will either approve the settlement on the date of the hearing, or request some revisions/clarifications to the settlement and reset the hearing date for a weeks from then.
When the court preliminarily approves the settlement, then shortly thereafter notices of the settlement will be mailed by the third-party settlement administrator to all of the class members informing them of the settlement. The class members will be provided with 45 days to opt-out of the settlement if they so choose. Once that 45-day period has elapsed, we must go back to court for final approval and provide the court with the number of class members who decided to opt-out, as well as other information.
Class Action Approval – Final Approval/Order Granted For Final Approval
The Final Approval phase typically lasts between 3-6 months.
As explained above, when the court preliminarily approves the settlement, then shortly thereafter notices of the settlement will be mailed by the third-party settlement administrator to all of the class members informing them of the settlement. The class members will be provided with 45 days to opt-out of the settlement if they so choose. Once that 45-day period has elapsed, we must go back to court for final approval and provide the court with the number of class members who decided to opt-out, as well as other information. If the court grants final approval at that hearing, then the settlement distribution (payment to you, the class members, and our attorneys’ fees and costs) is generally within 30-60 days after final approval is granted, unless the settlement extended payment due to financial hardship of the defendant
Class Certification
The Class Certification phase typically lasts between 3-6 months.
In a class action lawsuit, the court must “certify” the class before it can proceed as a class action.
Certification means that the court has determined that a class action is the best option to manage the multiple claims. In order for a class action to proceed to trial, the class must be certified first.
This process does not constitute that the judge believes that the defendant is liable for violations or that the jury will find the defendant so. Instead, it is a matter of determining whether there are enough similarities in a number of cases that justify joining them together.
Practically speaking, a majority of class action lawsuits (over 90%) settle prior to class certification. In fact, many courts require the parties to attempt mediation before class certification. A primary reason for this is that the cost of litigating the case through class certification is very expensive for both parties, particularly the defendants, which provides them incentive to attempt to settle the case before then.
Arbitration
The Arbitration phase typically lasts approximately one year.
Arbitration is a private process where disputing parties agree that a neutral third party experienced in the area of law can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute, similar to a judge and/or jury in a civil lawsuit.
The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. After the hearing, the arbitrator issues an award.
It is very common that companies will allege that a consumer signed an arbitration that was included in the terms and conditions of a website or on the paperwork they signed when they purchased something from the company. The primary reason companies require arbitration agreements to be signed is because individuals generally cannot file a class action lawsuit when they have signed an arbitration agreement. If you signed an arbitration agreement, the defendant company may attempt to file a Motion to Compel Arbitration in which case the Court will decide whether the arbitration agreement is binding. If the Court decides same, then you can only bring these claims in arbitration and only on an individual basis for your individual damages.
Compliance Hearing
After a class action lawsuit is settled and the funds are disbursed to all of the class members, the Court requires us to go back to Court in order to demonstrate that the all of the funds were properly disbursed and that any checks that were not deposited by the class members were sent to the State’s Unclaimed Fund or to an advocacy group/non-profit approved by the Court. The Compliance Hearing typically occurs approximately 9 months to one year after Final Approval or PAGA Approval. Notably, the plaintiff representative is paid their settlement shortly after Final Approval or PAGA Approval, far in advance of the Compliance Hearing.
Dismissal/Case Closed
After a case is settled, the plaintiff must affirmatively request dismissal from the Court to end the case. This can occur as a result of settlement or for any other reason decided by the plaintiff or the parties.
Withdraw Representation
This phase means that Crosner Legal has unfortunately decided not to move forward with our representation of you in any claims, and thus no attorney-client relationship will continue following our notice to you of our withdraw of representation. There can be many reasons for our firm withdrawing representation, and it does not in any way mean that you do not have valid claims. Please carefully read our letter/email notifying you of withdrawing representation as it provides very important information about your claims, time limits to file them, and other significant things to know about your claims.
For more detailed updates, please contact James Reid with our Law Firm at the below information:
- To Text or Call: (323) 686-2096
- To Email: james@crosnerlegal.com
Lastly, it is imperative that you keep us informed if you change your contact information, including either phone number, email address or residence address. You will receive a text message and email from us every two 60-90 days reminding you to provide us with any changes to this information. Please fill out the form in the text and/or email we send if you change your contact information. In the alternative, you may text or call at the above contact information to provide your updated contact information.