What is a class action?

A “class action” is a lawsuit in which a “Class Representative” is allowed to bring claims on behalf of a group of similarly situated “Class Members.” In a class action, the final outcome of the lawsuit (whether positive or negative) applies to everyone in the class that does not “opt out” of the class.

Who is in the certified class?

All current and former residents and businesses of Spokane County, Washington who: (1) are or were at all times material hereto water utility customers of the Defendant City located outside the City’s limits and within the City’s water service area and (2) were charged by and required to pay to the City higher water services rates (i.e., “Outside City” water services rates) than water utility customers located within the City’s limits were charged by and required to pay to the City.

Who will represent the class?

The Court-appointed “Class Representatives” are Plaintiffs John E. Durgan, Tawndi L. Sargent, and Kristopher J. Kallem.

The Court-appointed “Class Counsel” is Dunn & Black, P.S.

What happens if I participate in the class action?

If you participate in the class action, you will:

(a)    Be bound by the final outcome of the lawsuit, whether positive or negative;

(b)    Share in any recovery the class obtains; and

(c)    Lose any right to pursue similar claims if the court rules against the class.

You will not have to pay any costs or fees for Class Counsel, but these amounts may be taken out of any recovery in the case. If you choose to participate in the class action, you may hire your own lawyer, at your own expense.

Can I exclude myself from the class action?

Yes. To “opt out” of the class action, you must return a completed Request to Be Excluded to Class Counsel on or before July 5, 2019 by (a) hand delivery or U.S. Mail to Water Class Litigation, Dunn & Black, P.S., 111 N. Post St., Suite 300, Spokane, Washington 99201; or (b) by email to Shellie Garrett at sgarrett@dunnandblack.com.

What happens if I “opt out”?

If you exclude yourself from the class action, you will not (1) be bound by the final outcome of the lawsuit, whether positive or negative; or (2) share in any recovery the class obtains, but you will retain any right to pursue similar claims on your own if the court rules against the class.

How can I get more information?

Any questions about this Notice may be directed to Class Counsel. Pleadings and other records in this litigation are available at the Office of the Clerk, Spokane County Superior Court, 1116 W. Broadway Ave., Spokane, WA 99201.