IF YOU RECEIVED AND PAID A RED LIGHT
TICKET IN JEFFERSON PARISH, YOU MAY BE
A MEMBER OF A CLASS ACTION LAWSUIT
A Louisiana Court authorized this Notice. This is not a solicitation from a lawyer.
| WHAT IS THIS CASE ABOUT? |
The case is entitled: Earl J. Falgoust and Kathleen H. McMenamin, Individually and on Behalf of those Similarly Situated versus The Parish of Jefferson and Redflex Traffic Systems, Inc., docket number 691-768, Division G. The Honorable Robert A. Pitre, Jr. is the presiding judge. Copies of the pleadings, orders and other documents filed in this litigation are available during regular office hours at the offices of the Clerk of the Court, 24th Judicial District Court for the Parish of Jefferson, 200 Derbigny Street, Suite 2400, Gretna, Louisiana 70053, or at www.jeffersonparishredlightclassaction.com.
The Court has designated Earl J. Falgoust and Kathleen H. McMenamin, as Class Representatives. Plaintiffs’ Counsel, listed below, are the lawyers for the Class. If you decide to stay in the Class, these Class Representatives and these lawyers will represent you against the Defendants.
The Defendants are the Parish of Jefferson and Redflex Traffic Systems, Inc.
The Class Representatives claim that the Red Light Camera Program is illegal because it violates the Louisiana and United States Constitutions and Louisiana state law. They seek, on behalf of the class, reimbursement of all fines paid by people receiving a Red Light Camera Ticket in Jefferson Parish. The Class Representatives are also asking the Court to say that Red Light Camera Program is illegal. They also seek a reasonable fee for serving as class representatives, to be paid out of any recovery they obtain for the class.
The Court has made no determination of the merits of Plaintiffs’ or Defendants’ case.
| WHY AM I A CLASS MEMBER? |
The Court has defined the class to include the following persons:
All persons who received a Notice of Violation from the Jefferson Parish Photo Enforcement Program, as provided in Automated Traffic Signal Enforcement (“ATSE”), set forth as Jefferson Parish Ordinance No.23083, Article XI, § 36-307 et seq, since its inception until Jefferson Parish suspended its enforcement on or about January 27, 2010, and who complied with the demand of said Violation and paid the “fine” specified therein, with the exception of those persons named as plaintiffs in Sevin v. Jefferson Parish, Docket No.08-802 (U.S.D.C. E.D. La.), and Morales v. Jefferson Parish, Docket No. 673-195 (24th Judicial District Court, La).
If you received this Notice, you are almost certainly a Class Member, as the Notice was sent to all those persons who paid Red Light Camera tickets, to the addresses on file with the Parish of Jefferson. There are other persons who might be Class Members if they received and paid a Red Light Camera Ticket in Jefferson Parish. If you believe you are a Class Member, and did not receive this Notice by mail, please provide your current address by calling 1-877-415-6163, or write to classmembership@jeffersonparishredlightclassaction.com.
| HOW DOES THIS CASE AFFECT ME? |
You have a choice as to whether or not to remain a member of the Class.
By remaining a Class Member, you may not bring your own lawsuit. Also, you will be bound by any judgment – favorable or not – to the Class. If you remain a member of the Class, this lawsuit will decide your right to be reimbursed any fines you have paid because you received a Red Light Camera Ticket.
You will NOT be personally responsible for any costs or attorneys’ fees for this lawsuit. If the Class wins or if a class wide settlement is obtained, the lawyers for the Class will request that the Court award attorneys’ fees and reimbursement of costs to be paid by the Defendants or out of any funds recovered on behalf of the Class.
If you want to stay in the Class, but you do not wish to be represented by the Class Representatives and their counsel, you may hire your own attorney at your own expense. To do so, you must file an Entry of Appearance with the Clerk of the Court. You will remain a Class Member with representation by your own attorney and you will be responsible for the fees and costs of your attorney.
If you decide to remove yourself from the Class, (1) you will not receive any money as a result of a judgment in favor of the Plaintiffs and (2) you will not be bound by any judgment in favor of Defendants. You may, at your own expense, proceed individually against Defendants and others, subject to any applicable defenses, including statutes of limitation.
| HOW DO I STAY IN THE CLASS? |
To stay in the class, you do not need to do anything. You will receive future notices as events in the case develop, such as any judgments or settlements.
| HOW DO I GET OUT OF THE CLASS? |
If you do not wish to be a member of the Class, you may remove yourself or “opt out”. In order to remove yourself from the Class, you must notify the Court at the address below by completing and sending in the form enclosed with this class Notice, or you may download another copy of the form here and mail it to the address listed below, postmarked no later than October 31, 2011:
Jefferson Parish Red Light Class Action
P. O. Box 6177
Novato, CA 94948-6177
Additionally, you may fax the form to 1-866-674-2899 or e-mail a copy of it to: optout@jeffersonparishredlightclassaction.com, on or before October 31, 2011.
MORE INFORMATION IS AVAILABLE BY CALLING 1-877-415-6163 DO NOT CALL THE COURT FOR INFORMATION |
| PLAINTIFFS’ CLASS COUNSEL | |
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Robert E. Arceneaux Robert E. Arceneaux LLC 47 Beverly Garden Drive Metairie, LA 70001 arceneaux@jeffersonparishredlightclassaction.com
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Pascal F. Calogero, Jr. 1500 Energy Centre 1100 Poydras Street New Orleans, LA 70163 calogero@jeffersonparishredlightclassaction.com
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Galen S. Brown Hamilton, Brown, LLC an American Life Center 601 Poydras Street, Suite 2750 New Orleans, LA 70130 brown@jeffersonparishredlightclassaction.com
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Wiley J. Beevers Steven M. Mauterer Beevers & Beevers, LLP 210 Huey P. Long Ave. Gretna, LA 70053 beeversfirm@jeffersonparishredlightclassaction.com
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Joseph R. McMahon, III 110 Ridgelake Drive Metairie, LA 70001 mcmahon@jeffersonparishredlightclassaction.com
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Anthony S. Maska, Esq. 1350 Park Drive, Suite A Mandeville, LA 70471 maska@jeffersonparishredlightclassaction.com
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| DEFENDANTS' COUNSEL | |
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Guice A. Giambrone, III Blue Williams LLP 3421 N. Causeway Blvd., Suite 900 Metairie, LA 70002 blue@jeffersonparishredlightclassaction.com
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Douglas Holmes Chaffe, McCall, L.L.P. 2300 Energy Centre 1100 Poydras Street New Orleans, LA 70163 chaffe@jeffersonparishredlightclassaction.com
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