Frequently Asked Questions
- Why should I read the Notice?
- What is this lawsuit about?
- What is class action?
- Why is there a Settlement?
- Am I part of the Settlement?
- What does the Settlement provide?
- What can I get from the Settlement?
- How can I get my cash payment?
- When will I receive my cash payment?
- What am I giving up to receive these Settlement benefits?
- Do I have lawyers in this lawsuit?
- How will the lawyers be paid?
- How do I exclude myself from the Settlement?
- If I exclude myself, can I get anything from the Settlement?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- What happens if I do nothing at all?
- Are there more details about the Settlement?
- How do I get more information?
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Why should I read the Notice?
A court has preliminarily established, or “certified,” this lawsuit as a class action lawsuit for purposes of settlement. The Notice explains the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits. If you are a Settlement Class Member, you have legal rights and options before the Court decides whether to give final approval to the proposed Settlement. The Notice explains all of these things. For the precise terms and conditions of the proposed Settlement, please review the Settlement Agreement, available on the Important Documents page.
The Court in charge of this lawsuit is the United States District Court for the District of Columbia. The lawsuit is known as Adavenaixx v. Howard University, Case No. 1:23-cv-00663-DLF.
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What is this lawsuit about?
This lawsuit asserts claims for breach of implied contract and unjust enrichment. The lawsuit alleges that University students paid tuition and fees in exchange for in-person instruction, services, and activities during the Spring 2020 Semester and were entitled to partial refunds based on the University’s transition to remote instruction beginning in March 2020 in response to the COVID-19 pandemic. The University denies all allegations and maintains that it transitioned to remote instruction to protect the health of its students, faculty, and staff and in compliance with mandatory government shutdown orders. The Court has not decided who is right.
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What is class action?
In a class action lawsuit, one or more persons or entities sue on behalf of other persons who have similar claims. The people together are a “Settlement Class” or “Settlement Class Members.” In this lawsuit, the person who sued is called the “Class Representative.” The entity the Class Representative is suing, Howard University, is called the “Defendant.” One court resolves the issues for everyone in the Settlement Class, except for those people who choose to exclude themselves (opt out) from the Settlement Class.
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Why is there a Settlement?
The Court has not decided in favor of the Class Representative or the University. Instead, both sides agreed to a Settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and all Settlement Class Members as defined in the Notice and in the Settlement Agreement will receive a cash payment. The Class Representative and Class Counsel believe the Settlement is best for the Settlement Class and represents a fair, reasonable, and adequate resolution of the lawsuit.
The University denies the claims in the lawsuit; denies all allegations of wrongdoing, fault, liability or damage to the Class Representative and the Settlement Class; and denies that it acted improperly or wrongfully in any way. The University nevertheless recognizes the expense and time that would be required to defend the lawsuit through trial and has taken this into account in agreeing to this Settlement.
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Am I part of the Settlement?
You are a Settlement Class Member if you were enrolled in any of Howard University’s Undergraduate and Graduate Programs during the Spring 2020 Semester, did not withdraw by March 16, 2020, and paid, or had paid on your behalf, any amount of tuition and/or fees for the Spring 2020 semester which has not been fully refunded. A settlement Class Member who asks to be excluded from the Settlement is no longer a Settlement Class Member.
Undergraduate and Graduate Programs means all undergraduate, professional, and postgraduate programs.
Excluded from the Settlement are: (i) any students who received full scholarships or tuition remission from Howard or who did not themselves ultimately pay any tuition or fees for the Spring 2020 Semester (i.e., those whose tuition and fees were paid for by institutional aid, tuition benefits, federal/state/local grans, GI/Yello Ribbon benefits, outside scholarships, and/or third-party sponsorships); (ii) the University and its officers, trustees and their family members; (iii) Class Counsel; (iv) the judge who presided over the Action; and (v) all persons who properly execute and file a timely opt-out request to be excluded from the Settlement Class.
If you are unsure whether you are included, you can call or email the Settlement Administrator at 1-888-325-1928 or info@HUCovidSettlement.com
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What does the Settlement provide?
The $2,073,680 Settlement Amount will provide cash payments to all Settlement Class Members. Notice and administration costs, attorneys’ fees and expenses, and an award to the Class Representative will also be paid out of the Settlement Amount, if approved by the Court.
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What can I get from the Settlement?
Cash Payment: If you are a Settlement Class Member, you are eligible to receive a cash payment. Your cash payment will be an equal share of the Net Settlement Fund.
If any unclaimed funds remain in the Net Settlement Fund after the initial cash payments are distributed, at the discretion of the Settlement Administrator, either (i) a second attempt will be made to distribute cash payments to Settlement Class Members who did not cash their checks or who did not successfully receive an electronic payment via the first distribution of cash payments; or (ii) these unclaimed funds shall help fund a specially authorized Howard scholarship fund or a charitable cause as agreed upon by the Parties.
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How can I get my cash payment?
If you are a Settlement Class Member and you do nothing, you will receive a cash payment via check at the address the University has on file for you. If you wish to receive your cash payment at an address different than the one on file with the University or in a format (either by Venmo or a pre-paid Visa card) other than paper check, you must submit your updated address and/or preferred form of payment here by December 15, 2024.
You do not need to provide any information to receive your cash payment. The Court has issued an order permitting the University, under the Family Educational Rights and Privacy Act (“FERPA”), to disclose to the Claims Administrator the last known email address and mailing address the University has on file for each Settlement Class Member. You have the option to request that Howard’s Registrar not disclose your name, email address or mailing address.
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When will I receive my cash payment?
Unless you exclude yourself (opt out) from the Settlement Class by timely submitting a request for exclusion from the Settlement Class, you will remain in the Settlement Class, and that means you cannot sue, continue to sue or be part of any other lawsuit against the University about the legal claims and issues in this lawsuit. This is known as a release. The Release is defined and detailed in the Settlement Agreement, which is available on the Important Documents page. It also means that all of the Court’s orders in this lawsuit regarding the Settlement will apply to you and legally bind you.
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What am I giving up to receive these Settlement benefits?
Unless you exclude yourself (opt out) from the Settlement Class by timely submitting a request for exclusion from the Settlement Class, you will remain in the Settlement Class, and that means you cannot sue, continue to sue or be part of any other lawsuit against the University about the legal claims and issues in this lawsuit. This is known as a release. The Release is defined and detailed in the Settlement Agreement, which is available on the Important Documents page. It also means that all of the Court’s orders in this lawsuit regarding the Settlement will apply to you and legally bind you.
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Do I have lawyers in this lawsuit?
The Court has appointed attorneys from the law firms Gainey McKenna & Egleston and Bursor & Fisher, P.A. to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action lawsuits. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
You may contact Class Counsel if you have any questions about this Settlement. Please do not contact the Court.
Class Counsel Thomas J. McKenna
Gregory M. Egleston
GAINEY MCKENNA & Egleston
260 Madison Avenue, 22nd Floor
New York, NY 10116
1-212-983-1300
TJMcKenna@gme-law.com
egleston@gme-law.com
L. Timothy Fisher
Neal J. Deckant
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
1-925-300-4455
ltfisher@bursor.com
ndeckant@bursor.com
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How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees up to one-third (1/3) of the $2,073,680 million Settlement Fund, and in addition to fees, will seek reimbursement of litigation expenses incurred through the Effective Date. Any award of attorneys’ fees and costs will be paid from the Settlement Amount. Class Counsel will also ask the Court for an award of no more than $5,000.00 for the Class Representative. The purpose of the Class Representative Award is to compensate the Class Representative for their time, efforts, and risks taken on behalf of the Settlement Class. Any Class Representative Award payment to the Class Representative will be paid from the Settlement Amount. The Court may award less than these amounts. Class Counsel’s Motion for attorneys’ fees and expenses will be available in the Important Documents page once it has been filed.
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How do I exclude myself from the Settlement?
To exclude yourself from the Settlement, you must send a written “request for exclusion” that includes the following:
- A statement requesting exclusion from the Settlement Class.
- A personal signature from you, the Settlement Class Member; and
- Your name, address, telephone number, email address, and the caption of the lawsuit.
Your request for exclusion must be mailed via U.S. Mail, postmarked by September 23, 2024, to:
Howard University Covid Tuition Settlement
c/o Epiq Class Action & Claims Solutions, Inc.
P.O. Box 5926
Portland, OR 97228-5926Only individual requests for exclusion are allowed. You may not submit a request to exclude other Settlement Class Members from the Settlement Class.
If you do not follow these procedures and deadlines, you will remain a Settlement Class Member and lose any opportunity to exclude yourself from the Settlement. This means that your rights will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.
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If I exclude myself, can I get anything from the Settlement?
No. If you exclude yourself, you cannot receive a cash payment. However, you may sue, continue to sue, or be part of a different lawsuit against the University.
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How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. You cannot ask the Court for a different settlement; the Court can only approve or reject the Settlement. If the Court does not approve the Settlement, no cash payments will be sent out, and the lawsuit will continue.
To object, you must file a written objection with the Court, which includes the following information:
- A statement confirming that you are a Settlement Class Member;
- Your name, address, email address, and telephone number;
- A personal signature from you, the Settlement Class Member;
- A statement that identifies the substance of all objections, states whether each objection applies to only you, to a subset of the Settlement Class, or the entire Settlement Class, and provides the specific reasons for all objections, including any legal arguments and evidentiary support (including copies of any documents you rely upon); and
- A statement whether you intend to appear and seek to be heard at the Final Approval Hearing, with or without counsel.
You must file your objection with the Clerk of Court such that it is postmarked by September 23, 2024, (or through the Court’s electronic case filing system by September 23, 2024, if you are represented by a lawyer). Your objection (including all documents you rely upon) also must be sent concurrently by mail, hand or overnight delivery service to the Settlement Administrator, Class Counsel, and Howard Counsel at the addresses below:
Settlement Administrator Class Counsel Howard Counsel Epiq Class Action & Claims Solutions, Inc.
P.O. Box 5926
Portland, OR 97228-5926Thomas J. McKenna
Gregory M. Egleston
GAINEY MCKENNA & EGLESTON
260 Madison Avenue, 22nd Floor
New York, NY 10017
L. Timothy Fisher
Neal J. Deckant
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596Tracy A. Roman
Scott L. Winkelman
CROWELL & MORING LLP
1001 Pennsylvania Ave., N.W.
Washington, D.C. 20004If you file a timely objection, it will be considered by the Court at the Final Approval Hearing. You do not need to attend the Final Approval Hearing for the Court to consider your objection.
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What is the difference between objecting and asking to be excluded?
Objecting is telling the Court that you do not like something about the Settlement and do not want the Court to approve the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because you are no longer part of the lawsuit.
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When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 11:00 a.m. on October 1, 2024, at the United States District Court for the District of Columbia, 333 Constitution Ave., N.W., Washington, D.C. 20001 in Courtroom 14.
At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses. If there are objections, the Court will consider them. You do not need to attend this hearing. You also do not need to attend to have an objection considered by the Court. After the hearing, the Court will decide whether to approve the Settlement and award the amount requested by Class Counsel for attorneys’ fees and expenses and for the Class Representative Award. We do not know how long these decisions will take.
Note: The date and time of the Final Approval Hearing are subject to change by Court order. Any change will be posted to this website. You should check regularly to confirm that the date and/or time have not changed.
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Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer all questions the Judge may have. However, you are welcome to attend the hearing at your own expense. If you submit an objection, you do not have to attend the hearing to talk about your objection. As long as you postmarked your written objection by the deadline (or filed it through the Court’s electronic case filing system by the deadline), the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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May I speak at the Final Approval Hearing?
If you wish to appear at the Final Approval Hearing and orally present your objection to the Court, your written objection must include your statement of intent to appear at the Final Approval Hearing. The Court will decide whether you will be heard orally.
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What happens if I do nothing at all?
If you fit the Settlement Class definitions described above and do nothing, you will be part of the Settlement Class and you will receive a cash payment at the address the University has on file for you. Unless you request to exclude yourself from the Settlement, you will not be permitted to continue to assert claims about the issues in this lawsuit in any other lawsuit against the University unless the Settlement is not approved.
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Are there more details about the Settlement?
The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here, or by contacting Class Counsel (see contact information in FAQ 11).
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How do I get more information?
You can call toll-free 1-888-325-1928 or write to Howard University Covid Tuition Settlement, c/o Epiq Class Action & Claims Solutions, Inc., P.O. Box 5926, Portland, OR 97228-5926. Motions for approval of the Settlement and Class Counsel’s request for attorneys’ fees and expenses (once it is filed), and other important documents in the lawsuit are available on the Important Documents of this website.
You may also contact Class Counsel.
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