You paid rent for a home site at the Oak Point Manufactured Housing Community in Middleborough, Massachusetts at any time since April 16, 2017
Basic Information
If you are reviewing this website, you may be a person who has paid home-site rent to the Oak Point Manufactured Housing Community located in Middleborough, Massachusetts at any time since April 16, 2017 (“Class Member”). This website explains that the U.S. District Court for the District of Massachusetts has allowed, or certified, a class action lawsuit that will affect you, if you are a Class Member. If you are a Class Member, you have legal rights and options that you may exercise before the Court decides whether the claims being made against Oak Point, on your behalf, are correct. Judge Leo T. Sorokin is overseeing this lawsuit, which is known as Bartok, et al. v. Hometown America, LLC, et al., 21-CV-10790-LTS (“Class Action”).
The person who sued Oak Point, Barbara Lee, is called the “Class Representative” because she is representing the Class Members included in the Class Action. The companies she sued – Hometown America, LLC, Hometown America Management, LLC, Hometown Oak Point I, LLC and Hometown Oak Point II, LLC – are called “Oak Point” in this website.
In the Class Action, Barbara Lee – as the Class Representative – claims that Oak Point charged too much rent for home sites at the Oak Point community, in violation of the Massachusetts Consumer Protection Act and the Massachusetts Manufactured Housing Act.
Ms. Lee’s lawsuit is a Class Action because she – as the Class Representative – is suing Oak Point on behalf of many people who have similar claims, who are the Class Members. One court will resolve the issues for the Class Representative, Oak Point and all Class Members. Specifically, Ms. Lee – as the Class Representative – is suing Oak Point on behalf of all persons who have paid home-site rent to the Oak Point Manufactured Housing Community located in Middleborough, Massachusetts at any time since April 16, 2017.
The Court decided that Ms. Lee should be able to pursue her lawsuit against Oak Point on behalf of all Class Members because her lawsuit meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:
•
There are hundreds of rent-payers who have paid home-site rent to Oak Point since April of 2017;
•
There are common legal questions and facts concerning whether these rent-payers paid too much rent to Oak Point during that time;
•
These common legal questions and facts are more important than any questions which affect any of the individual rent-payers;
•
Ms. Lee’s claims against Oak Point are typical of these rent-payers’ claims against Oak Point;
•
Ms. Lee and her lawyer will fairly and adequately represent the interests of these rent-payers in this lawsuit; and
•
Resolving Ms. Lee’s and these rent-payers’ claims together will be more efficient than resolving the claims through many lawsuits.
More information about why the Court has allowed this lawsuit to move forward as a class action can be found in the Court’s Class Certification Order, which is available in the Important Documents tab.
What Are The Claims In The Class Action?
In this Class Action, Ms. Lee claims that Oak Point was supposed to charge the same rent for all home sites in the community, but instead unfairly charged higher rents each year to new rent-payers, in violation of Section 32L(2) of the Massachusetts Manufactured Housing Act. See Massachusetts General Laws, Chapter 140, § 32L(2). More information about Ms. Lee’s claims and the lawsuit in general can be found in the Second Amended Class Action Complaint, which is available in the Important Documents tab.
Oak Point denies that it did anything wrong and says that the home-site rents charged at Oak Point were always fair, in compliance with Section 32L(2) of the Massachusetts Manufactured Housing Act. See Massachusetts General Laws, Chapter 140, § 32L(2). More information about Oak Point’s response to this lawsuit can be found in the Answer and Defenses to the Second Amended Class Action Complaint, which is available in the Important Documents tab.
The Court hasn’t decided whether Ms. Lee or Oak Point is correct. By allowing Ms. Lee to move forward with this lawsuit as a class action, the Court is not suggesting that Ms. Lee will win or lose this lawsuit. Ms. Lee must still prove her claims.
Ms. Lee wants Oak Point to reimburse her for the money that she paid each month in excess of what the lowest Oak Point rent-payer paid in that month, with interest. Ms. Lee – as Class Representative – also wants Oak Point to reimburse in the same way all other persons who have paid rent for an Oak Point home site since April 16, 2017.
No money or benefits are available now because the Court has not yet decided whether Oak Point did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified about how to ask for a share.
Who Is Affected By This Lawsuit?
The Court has decided that all persons who have paid home-site rent to the Oak Point Manufactured Housing Community located in Middleborough, Massachusetts at any time since April 16, 2017 are Class Members and part of the Class Action. If you paid rent for an Oak Point home site during this time your rights will be affected by this lawsuit.
If you paid rent to Oak Point for a home site at any time since April 16, 2017, you are a Class Member and your rights will be affected by this Class Action, even if you have never owned a home at Oak Point.
If you paid rent to Oak Point for a home site at any time since April 16, 2017, you are a Class Member and your rights will be affected by this Class Action, even if you don’t live at Oak Point.
If you paid rent to Oak Point for a home site at any time since April 16, 2017, you are a Class Member and your rights will be affected by this Class Action, even if you have never lived at Oak Point.
If you are still not sure whether you are a Class Member, you can get free help by calling or writing to the lawyer representing the Class Members in the Class Action (“Class Counsel”) whose phone number and address are listed at the end of this webpage.
If I Am a Class Member, What Must I Do?
If you are a Class Member, you have to choose now whether to stay in this Class Action or ask to be excluded from this Class Action before the Court decides the lawsuit. If you choose to exclude yourself from this Class Action, you must carefully follow the instructions below and submit your Request for Exclusion.
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this Class Action. By doing nothing you are staying in the Class Action. If you stay in and Ms. Lee – as Class Representative – obtains money or benefits, either through a Court decision or a settlement, you will be notified about how to ask for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether Ms. Lee wins or loses this lawsuit, you will not be able to sue, or continue to sue, Oak Point – as part of any other lawsuit – about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this Class Action.
If you exclude yourself from the Class Action, sometimes called “opting-out” of the Class Action, you will not be legally bound by the Court’s orders or judgments in this Class Action and will not be a part of the Class Action. This means that you will be giving up your status as a Class Member and you won’t get any money or benefits from this Class Action, even if Ms. Lee – as Class Representative – obtains money or benefits for Class Members.
However, if you exclude yourself from the Class Action, you may then be able to sue or continue to sue Oak Point over any rent disputes you may have with Oak Point.
If you already have your own rent lawsuit against Oak Point and want to continue with that lawsuit, you may need to ask to be excluded from the Class Action. If you want to start your own rent lawsuit against Oak Point, you may need to ask to be excluded from the Class Action.
For any lawsuit you bring against Oak Point after you exclude yourself, you will need to hire and pay your own lawyer to handle that lawsuit, and you’ll need to prove your claims against Oak Point.
If you think you might want to exclude yourself so you can start or continue your own lawsuit against Oak Point, you should talk to your own lawyer as soon as possible, because your options are time-limited.
To exclude yourself from the Class Action, you must send a timely and valid Request for Exclusion by mail saying that you want to be excluded from the Class Action. You must include in your Request for Exclusion: the case name and number (Bartok, et al. v. Hometown America, LLC, et al., 21-CV-10790-LTS), the Court (District of Massachusetts), your full name, your address, your e-mail address (if you have one) and your telephone number. You must also sign the Request for Exclusion. Your Request for Exclusion will not be valid, and you will be bound by the Class Action, if you do not include all of this information in your Request for Exclusion. You must mail your Request for Exclusion to:
Oak Point Class Administrator
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164
You can’t exclude yourself from the Class Action on the phone or through a website.
Who Is The Lawyer Representing The Class Members?
The Court decided that Ethan R. Horowitz, Esq. of the Northeast Justice Center in Lawrence, Massachusetts, is qualified to represent you and all Class Members as “Class Counsel.” Attorney Horowitz is experienced in handling similar cases against other owners or operators of manufactured housing communities in Massachusetts. More information about Attorney Horowitz, his experience and the Northeast Justice Center is available at: the Important Documents tab, or at www.northeastjusticecenter.org.
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
If Class Counsel gets money or benefits for Class Members, he may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for Class Members or paid separately by Oak Point.
How Will This Class Action Be Decided?
If Ms. Lee and Oak Point cannot reach a negotiated settlement to resolve this Class Action, Class Counsel will have to prove Ms. Lee’s claims to the Court. There is no guarantee that Ms. Lee will win, or that she will get any money for Class Members.
No date is set for trial or any other type of hearing where a judge or a jury will hear all of the evidence to help them reach a decision about whether Ms. Lee or Oak Point is right about the claims in the Class Action. More information about where and when this Class Action will be decided will be posted on this website.
When a final hearing or trial is set in this Class Action, you or your lawyer – at your own expense – may attend. But you are not required to do so.
If Ms. Lee – as Class Representative – obtains money or benefits as a result of this Class Action, you will be notified about how to participate. We do not know how long this will take.
You are paying or will pay rent for a home site at the Oak Point Manufactured Housing Community in Middleborough, Massachusetts
Basic Information
If you are reviewing this website, you may be a person who is paying or will pay home-site rent to the Oak Point Manufactured Housing Community located in Middleborough, Massachusetts (“Class Member”). This website explains that the U.S. District Court for the District of Massachusetts has allowed, or certified, a class action lawsuit that will affect you, if you are a Class Member. If you are a Class Member, you have legal rights and options that you may exercise before the Court decides whether the claims being made against Oak Point, on your behalf, are correct. Judge Leo T. Sorokin is overseeing this lawsuit, which is known as Bartok, et al. v. Hometown America, LLC, et al., 21-CV-10790-LTS (“Class Action”).
The persons who sued Oak Point, Barbara Lee and the Manufactured Home Federation of Massachusetts, Inc. (“MFM”), are called the “Class Representatives” because they are representing the Class Members included in the Class Action. The companies they sued – Hometown America, LLC, Hometown America Management, LLC, Hometown Oak Point I, LLC and Hometown Oak Point II, LLC – are called “Oak Point” in this website.
In the Class Action, Barbara Lee and the MFM – as Class Representatives – claim that Oak Point is charging too much rent for home sites at the Oak Point community, in violation of the Massachusetts Consumer Protection Act and the Massachusetts Manufactured Housing Act.
Ms. Lee’s and the MFM’s lawsuit is a Class Action because they – as Class Representatives – are suing Oak Point on behalf of many people who have similar claims, who are the Class Members. One court will resolve the issues for the Class Representatives, Oak Point and all Class Members. Specifically, Ms. Lee and the MFM – as Class Representatives – are suing Oak Point on behalf of all persons who are paying or will pay home-site rent to the Oak Point Manufactured Housing Community located in Middleborough, Massachusetts.
The Court decided that Ms. Lee, the MFM and their lawyer should be able to pursue their lawsuit against Oak Point on behalf of all Class Members because their lawsuit meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:
•
There are hundreds of rent-payers who are paying or will pay home-site rent to Oak Point;
•
There are common legal questions and facts concerning whether these rent-payers are paying or will pay too much rent to Oak Point;
•
Ms. Lee’s and the MFM’s claims against Oak Point are typical of these rent-payers’ claims against Oak Point;
•
Ms. Lee and her lawyer will fairly and adequately represent the interests of these rent-payers in the lawsuit; and
•
The result of the lawsuit will be applicable to all Class Members.
More information about why the Court has allowed this lawsuit to move forward as a class action can be found in the Court’s Class Certification Order, which is available in the Important Documents tab.
What Are The Claims In The Class Action?
In this Class Action, Ms. Lee and the MFM claim that Oak Point is supposed to charge the same rent for all home sites in the community, but instead is unfairly charging higher rents to rent-payers based on the year they came to Oak Point, in violation of Section 32L(2) of the Massachusetts Manufactured Housing Act. See Massachusetts General Laws, Chapter 140, § 32L(2). More information about these claims and the lawsuit in general can be found in the Second Amended Class Action Complaint, which is available in the Important Documents tab.
Oak Point denies that it is doing anything wrong and says that the home-site rents charged at Oak Point are fair, in compliance with Section 32L(2) of the Massachusetts Manufactured Housing Act. See Massachusetts General Laws, Chapter 140, § 32L(2). More information about Oak Point’s response to this lawsuit can be found in the Answer and Defenses to the Second Amended Class Action Complaint, which is available in the Important Documents tab.
The Court hasn’t decided whether Ms. Lee and the MFM or Oak Point are correct. By allowing Ms. Lee and the MFM to move forward with this lawsuit as a class action, the Court is not suggesting that Ms. Lee and the MFM will win or lose this lawsuit. Ms. Lee and the MFM must still prove their claims.
Ms. Lee and the MFM want Oak Point to set a uniform home-site rent in the community that is the same as the lowest rent Oak Point is required to charge any Oak Point rent-payer.
No rental amounts will change now because the Court has not yet decided whether Oak Point did anything wrong, and the two sides have not settled the case. There is no guarantee that Oak Point rents will change because of this lawsuit.
No. Oak Point has not asked the Court for permission to increase rents in the community. So if Ms. Lee and the MFM lose this lawsuit, Oak Point rents will stay the same as they are now.
Who Is Affected By This Lawsuit?
The Court has decided that all persons who are paying or will pay home-site rent to the Oak Point Manufactured Housing Community located in Middleborough, Massachusetts are Class Members and part of the Class Action. If you are paying or will pay rent for an Oak Point home site, your rights will be affected by this lawsuit.
If you are still not sure whether you are a Class Member, you can get free help by calling or writing to the lawyer representing the Class Members in the Class Action (“Class Counsel”) whose phone number and address are listed at the end of this webpage.
If I am a Class Member, What Must I Do?
You don’t have to do anything now. By doing nothing, you will win or lose the lawsuit with Ms. Lee and the MFM and you will be bound by the final decision of the Court on the issues raised in the lawsuit.
If you do not believe that Ms. Lee and the MFM are representing your interests, you can ask the Court for permission to intervene in the lawsuit. This means that you will need to explain to the Court why you don’t think that Ms. Lee and the MFM are representing your interests and that you need to join the lawsuit separately, to make sure your voice is heard.
Intervening in a lawsuit is a complicated process and you will probably need to hire a lawyer – at your own expense – to file intervention papers. A lawyer will also help you understand whether or not your disagreement with the lawsuit is the kind of disagreement substantial enough to convince the Court that intervention is necessary.
No. Ms. Lee and the MFM are asking for Oak Point to change its entire rent structure, a change which – if successful – will impact all Class Members.
Who Is the Lawyer Representing The Class Members?
The Court decided that Ethan R. Horowitz, Esq. of the Northeast Justice Center in Lawrence, Massachusetts, is qualified to represent you and all Class Members as “Class Counsel.” Attorney Horowitz is experienced in handling similar cases against other owners or operators of manufactured housing communities in Massachusetts. More information about Attorney Horowitz, his experience and the Northeast Justice Center is available at: on the Important Documents tab, or at www.northeastjusticecenter.org
Unless you want to intervene separately in the lawsuit, you do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
If Class Counsel wins the lawsuit for Class Members, he may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be paid separately by Oak Point.
How Will This Class Action Be Decided?
If Ms. Lee, the MFM and Oak Point cannot reach a negotiated settlement to resolve this Class Action, Class Counsel will have to prove Ms. Lee’s and the MFM’s claims to the Court. There is no guarantee that Ms. Lee and the MFM will win, or that they will get any rent reductions for Class Members.
No date is set for trial or any other type of hearing where a judge or a jury will hear all of the evidence to help them reach a decision about whether Ms. Lee and the MFM or Oak Point are right about the claims in the Class Action. More information about where and when this Class Action will be decided will be posted on this website.
When a final hearing or trial is set in this Class Action, you or your lawyer – at your own expense – may attend. But you are not required to do so.
If Ms. Lee and the MFM – as Class Representatives – win this Class Action, you will be notified about how this result will reduce your rent. We do not know how long this will take.
You paid rent for a home site at the Miller’s Woods and River Bend Manufactured Housing Community in Athol, Massachusetts at any time between January 1, 2017 and December 31, 2024
Basic Information
If you are reviewing this website, you may be a person who has paid home-site rent to the Miller’s Woods and River Bend Manufactured Housing Community located in Athol, Massachusetts at any time between January 1, 2017 and December 31, 2024 (“Class Member”). This website explains that the U.S. District Court for the District of Massachusetts has allowed, or certified, a class action lawsuit that will affect you, if you are a Class Member. If you are a Class Member, you have legal rights and options that you may exercise before the Court decides whether the claims being made against Miller’s Woods, on your behalf, are correct. Judge Leo T. Sorokin is overseeing this lawsuit, which is known as Bartok, et al. v. Hometown America, LLC, et al., 21-CV-10790-LTS (“Class Action”).
One of the persons who sued Miller’s Woods, Alan Dernalowicz, is called the “Class Representative” because he is representing the Class Members included in the Class Action. The companies he sued – Hometown America, LLC, Hometown America Management, LLC, Miller’s Woods MHC, LLC and River Bend MHC, LLC – are called “Miller’s Woods” in this website.
In the Class Action, Alan Dernalowicz – as the Class Representative – claims that Miller’s Woods charged too much rent for home sites at the Miller’s Woods community, in violation of the Massachusetts Consumer Protection Act and the Massachusetts Manufactured Housing Act.
This lawsuit is a Class Action because Mr. Dernalowicz – as the Class Representative – is suing Miller’s Woods on behalf of many people who have similar claims, who are the Class Members. One court will resolve the issues for the Class Representative, Miller’s Woods and all Class Members. Specifically, Mr. Dernalowicz – as the Class Representative – is suing Miller’s Woods on behalf of all persons who have paid home-site rent to the Miller’s Woods and River Bend Manufactured Housing Community located in Athol, Massachusetts at any time between January 1, 2017 and December 31, 2024.
•
There are over 100 rent-payers who have paid home-site rent to Miller’s Woods between January 1, 2017 and December of 2024;
•
There are common legal questions and facts concerning whether these rent-payers paid too much rent to Miller’s Woods during that time;
•
These common legal questions and facts are more important than any questions which affect any of the individual rent-payers;
•
Mr. Dernalowicz’s claims against Miller’s Woods are typical of these rent-payers’ claims against Miller’s Woods;
•
Mr. Dernalowicz and his lawyer will fairly and adequately represent the interests of these rent-payers in this lawsuit; and
•
Resolving Mr. Dernalowicz’s and these rent-payers’ claims together will be more efficient than resolving the claims through many lawsuits.
More information about why the Court has allowed this lawsuit to move forward as a class action can be found in the Court’s Class Certification Order, which is available in the Important Documents tab.
What Are The Claims In The Class Action?
In this Class Action, Mr. Dernalowicz claims that Miller’s Woods was supposed to charge the same rent for all home sites in the community, but instead unfairly charged higher rents each year to new rent-payers, in violation of Section 32L(2) of the Massachusetts Manufactured Housing Act. See Massachusetts General Laws, Chapter 140, § 32L(2). More information about Mr. Dernalowicz’s claims and the lawsuit in general can be found in the Second Amended Class Action Complaint, which is available in the Important Documents tab.
Miller’s Woods denies that it did anything wrong and says that the home-site rents charged at Miller’s Woods were always fair, in compliance with Section 32L(2) of the Massachusetts Manufactured Housing Act. See Massachusetts General Laws, Chapter 140, § 32L(2). More information about the response by Miller’s Woods to this lawsuit can be found in the Answer and Defenses to the Second Amended Class Action Complaint, which is available in the Important Documents tab.
The Court hasn’t decided whether Mr. Dernalowicz or Miller’s Woods is correct. By allowing Mr. Dernalowicz to move forward with this lawsuit as a class action, the Court is not suggesting that Mr. Dernalowicz will win or lose this lawsuit. Mr. Dernalowicz must still prove his claims.
Mr. Dernalowicz wants Miller’s Woods to reimburse him for the money he paid each month in excess of what the lowest Miller’s Wood rent-payer paid in that month, with interest. Mr. Dernalowicz – as Class Representative – also wants Miller’s Woods to reimburse in the same way all other persons who have paid rent for a Miller’s Woods home site between January 1, 2017 and December 31, 2024.
No money or benefits are available now because the Court has not yet decided whether Miller’s Woods did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified about how to ask for a share.
Who Is Affected By This Lawsuit?
The Court has decided that all persons who have paid home-site rent to the Miller’s Woods and River Bend Manufactured Housing Community located in Athol, Massachusetts at any time between January 1, 2017 and December 31, 2024 are Class Members and part of the Class Action. If you paid rent for a Miller’s Woods home site during this time your rights will be affected by this lawsuit.
If you paid rent to Miller’s Woods for a home site at any time between January 1, 2017 and December 31, 2024, you are a Class Member and your rights will be affected by this Class Action, even if you have never owned a home at Miller’s Woods.
If you paid rent to Miller’s Woods for a home site at any time between January 1, 2017 and December 31, 2024, you are a Class Member and your rights will be affected by this Class Action, even if you don’t live at Miller’s Woods.
If you paid rent to Miller’s Woods for a home site at any time between January 1, 2017 and December 31, 2024, you are a Class Member and your rights will be affected by this Class Action, even if you have never lived at Miller’s Woods.
If you are still not sure whether you are a Class Member, you can get free help by calling or writing to the lawyer representing the Class Members in the Class Action (“Class Counsel”) whose phone number and address are listed at the end of the notice.
If I Am a Class Member, What Must I Do?
If you are a Class Member, you have to choose now whether to stay in this Class Action or ask to be excluded from this Class Action before the Court decides the lawsuit. If you choose to exclude yourself from this Class Action, you must carefully follow the instructions below and submit your Request for Exclusion.
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this Class Action. By doing nothing you are staying in the Class Action. If you stay in and Mr. Dernalowicz – as Class Representative – obtains money or benefits, either through a Court decision or a settlement, you will be notified about how to ask for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether Mr. Dernalowicz wins or loses this lawsuit, you will not be able to sue, or continue to sue, Miller’s Woods – as part of any other lawsuit – about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this Class Action.
If you exclude yourself from the Class Action, sometimes called “opting-out” of the Class Action, you will not be legally bound by the Court’s orders or judgments in this Class Action and will not be a part of the Class Action. This means that you will be giving up your status as a Class Member and you won’t get any money or benefits from this Class Action, even if Mr. Dernalowicz – as Class Representative – obtains money or benefits for Class Members.
However, if you exclude yourself from the Class Action, you may then be able to sue or continue to sue Miller’s Woods over any rent disputes you may have with Miller’s Woods.
If you already have your own rent lawsuit against Miller’s Woods and want to continue with that lawsuit, you may need to ask to be excluded from the Class Action. If you want to start your own rent lawsuit against Miller’s Woods, you may need to ask to be excluded from the Class Action.
For any lawsuit you bring against Miller’s Woods after you exclude yourself, you will need to hire and pay your own lawyer to handle that lawsuit, and you’ll need to prove your claims against Miller’s Woods.
If you think you might want to exclude yourself so you can start or continue your own lawsuit against Miller’s Woods, you should talk to your own lawyer as soon as possible, because your options are time-limited.
To exclude yourself from the Class Action, you must send a timely and valid Request for Exclusion by mail saying that you want to be excluded from the Class Action. You must include in your Request for Exclusion: the case name and number (Bartok, et al. v. Hometown America, LLC, et al., 21-CV-10790-LTS), the Court (District of Massachusetts), your full name, your address, your e-mail address (if you have one) and your telephone number. You must also sign the Request for Exclusion. Your Request for Exclusion will not be valid, and you will be bound by the Class Action, if you do not include all of this information in your Request for Exclusion. You must mail your Request for Exclusion so that it is postmarked by June 3, 2026, to:
Miller’s Woods Class Administrator
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164
You can’t exclude yourself from the Class Action on the phone or through a website.
Who Is The Lawyer Representing The Class Members?
The Court decided that Ethan R. Horowitz, Esq. of the Northeast Justice Center in Lawrence, Massachusetts, is qualified to represent you and all Class Members as “Class Counsel.” Attorney Horowitz is experienced in handling similar cases against other owners or operators of manufactured housing communities in Massachusetts. More information about Attorney Horowitz, his experience and the Northeast Justice Center is available at: the Important Documents tab, or at www.northeastjusticecenter.org
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
If Class Counsel gets money or benefits for Class Members, he may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for Class Members or paid separately by Miller’s Woods.
How Will This Class Action Be Decided?
If Mr. Dernalowicz and Miller’s Woods cannot reach a negotiated settlement to resolve this Class Action, Class Counsel will have to prove Mr. Dernalowicz’s claims to the Court. There is no guarantee that Mr. Dernalowicz will win, or that he will get any money for Class Members.
No date is set for trial or any other type of hearing where a judge or a jury will hear all of the evidence to help them reach a decision about whether Mr. Dernalowicz or Miller’s Woods is right about the claims in the Class Action. More information about where and when this Class Action will be decided will be posted on this website.
When a final hearing or trial is set in this Class Action, you or your lawyer – at your own expense – may attend. But you are not required to do so.
If Mr. Dernalowicz – as Class Representative – obtains money or benefits as a result of this Class Action, you will be notified about how to participate. We do not know how long this will take.
HOW DO I GET MORE INFORMATION ABOUT THE CLASS ACTION?
Ethan Horowitz
Northeast Justice Center
50 Island Street, Suite 203B
Lawrence MA 01840
(978) 888.0624
[email protected]