A Class Action against Gate House MWDN

If you had the same trouble with getting a credit from the MWDN... as many have reported. Finally someone took them to task. This stems from the so called "TV Guide" section that was put in Sunday's paper. If you ever wanted a refund for the lack of delivery.. lets say, they would charge you extra for the insert. It all made no sense at all and there was a settlement. You have to download a form and get it in to the lawyers for a refund or extended subscription. You would have had to get the MWDN from April 1, 2014 and March 21, 2017

NOTICE OF CLASS ACTION SETTLEMENT (“NOTICE”)

ATTENTION MASSACHUSETTS SUBSCRIBERS TO DAILY AND WEEKLY COMMUNITY NEWSPAPERS PUBLISHED BY GATEHOUSE MEDIA, LLC, GATEHOUSE MEDIA MASSACHUSETTS I, INC., GATEHOUSE MEDIA MASSACHUSETTS II, INC., ENTERPRISE PUBLISHING COMPANY, LLC, LOCAL MEDIA GROUP, INC., THE INQUIRER & MIRROR, INC., GEORGE W. PRESCOTT PUBLISHING CO. LLC, GATEHOUSE MEDIA VENTURES, INC. N/K/A PROPEL BUSINESS SERVICES, INC., CA MASSACHUSETTS HOLDINGS, INC., AND LAWYERS WEEKLY, LLC (COLLECTIVELY, “GHM”)

IF YOU RESIDED IN MASSACHUSETTS AND PURCHASED A SUBSCRIPTION FROM GHM FOR A GHM PUBLICATION BETWEEN APRIL 1, 2014 AND MARCH 21, 2017 (“CLASS PERIOD”), THIS NOTICE INFORMS YOU OF A PROPOSED CLASS ACTION SETTLEMENT THAT COULD AFFECT YOUR LEGAL RIGHTS.

WHAT IS THIS NOTICE ABOUT?

There is a lawsuit entitled Steven Keenholtz, M.D. and Dorothy Guillicksen, individually and on behalf of all others similarly situated v. GateHouse Media, LLC, et al., Case No. 1777-CV-00184 (“Action”), which is pending in the Massachusetts Superior Court (“Court”) and that may affect your legal rights. The Action alleges that GHM violated Mass. Gen. Laws ch. 93A, § 9 and 940 C.M.R. §§ 3.02(3)-(4), 3.04, 3.05, 3.13(1)(a), and 3.16(2) by allegedly not adequately disclosing surcharges associated with “premium edition” publications, including Lens magazine, that are published periodically by GHM (“Premium Editions”). GHM denies any wrongdoing and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. The parties, however, have reached a proposed settlement (“Settlement”) of the Action and have determined that the Settlement is in the best interests of the parties and the Class. The Settlement and this Notice have been preliminarily approved by the Court. The purpose of this Notice is to explain the Settlement and advise you of your legal rights. To obtain a copy of the parties’ Settlement Agreement and Release (“Settlement Agreement”), a Claim Form (“Claim Form”), and other related documents and Settlement details, you may (1) call Kurtzman Carson Consultants, LLC (“Settlement Administrator”) at 1-877-449-8589, (2) mail a written request for such information, including your name and address to: Settlement Administrator, GHM Settlement, Kurtzman Carson Consultants, LLC, P.O. Box 43447, Providence, RI 02940-3447, or (3) download the information and fill out a Claim Form at www.GHMClassAction.com.

WHY DID I RECEIVE MORE THAN ONE NOTICE?

According to GHM’s records, you have purchased more than one subscription from GHM for a GHM publication between April 1, 2014 and March 21, 2017. As explained further below, if you are an eligible Class Member, you may submit one Claim Form per subscription.

AM I A MEMBER OF THE CLASS?

The class is identified as all persons who, during the Class Period, resided in Massachusetts, purchased a subscription from GHM for a GHM publication, received one or more Premium Editions, were assessed an additional amount for the Premium Editions, and, rather than be billed for the additional amount, had the length of their subscription adjusted such that the expiration of their subscription was accelerated based on the surcharge amount of the Premium Editions published during the Class Period (“Class” and “Class Member”). The following persons are excluded from the Class: all persons who are officers, employees, agents, or directors of GHM or its subsidiaries and corporations related to GHM by ownership of shares or other means of control, as well as Judges of the Court.

WHAT DOES THE PROPOSED SETTLEMENT PROVIDE AND WHAT BENEFITS COULD I RECEIVE?

Provided that the Settlement becomes a Final Order and Judgment, GHM has agreed that all Class Members will be entitled to receive a Subscription Extension or Refund. To obtain a Subscription Extension or Refund, a Class Member must timely sign and submit a fully completed Claim Form (either by mail or online submission) and elect to receive one of the following: (1) an extension of their subscription (“Subscription Extension”) equivalent to the length that their subscription would have been had the expiration of their subscription not been accelerated by the publication of Premium Editions, such as Lens magazine, during the Class Period, or (2) a monetary refund (“Refund”) equivalent to the sum assessed against their subscription account for the publication of Premium Editions, such as Lens magazine, during the Class Period. GHM shall issue a Subscription Extension to Class Members who otherwise submit a proper and timely Claim Form, but either (1) request both a Subscription Extension and a Refund, (2) fail to elect the type of consideration desired, or (3) submit two Claim Forms that respectively elect a Subscription Extension and Refund for the same subscription.

WHAT ARE MY RIGHTS?

1.

You Can Accept the Settlement. If you wish to accept the terms of the Settlement and receive a Subscription Extension or Refund as described above, you MUST fill out, sign, and submit a Claim Form. When doing so, you must follow the Instructions on the Claim Form and submit a signed and completed Claim Form to the Settlement Administrator by July 19, 2017 (“Bar Date”). You can easily submit your Claim Form at www.GHMClassAction.com. Each Class Member accepting the terms of the Settlement shall submit one Claim Form per subscription. Claim Forms must be signed under the pains and penalties of perjury wherein each Class Member shall assert that, during the Class Period, he, she, or it resided in Massachusetts, purchased a subscription from GHM for a GHM publication, received one or more Premium Editions, were assessed an additional amount for the Premium Editions, and, rather than be billed for the additional amount, had the length of their subscription adjusted such that the expiration of their subscription was accelerated based on the value of the Premium Editions published. A Claim Form shall be deemed to have been submitted when posted, if received with a postmark, or equivalent mark by a courier company indicated on the envelope or mailer, or when submitted electronically through the online Claim Form. Claim Forms may not be submitted via e-mail. If you fail to timely submit a Claim Form, you will be bound by the Settlement Agreement and releases contained therein, but will not be entitled to receive a Subscription Extension or Refund. You can obtain a Claim Form by: (1) calling the Settlement Administrator at 1-877-449-8589, (2) mailing a written request for a Claim Form, including your name and address to: Settlement Administrator, GHM Settlement, Kurtzman Carson Consultants, LLC, P.O. Box 43447, Providence, RI 02940-3447, or (3) downloading a Claim Form and related information at www.GHMClassAction.com.

2.

You Can Object to the Settlement. If you believe the Settlement is unsatisfactory, you may object to any aspect of the Settlement by, at least thirty (30) days prior to the hearing scheduled by the Court for purposes of: (a) entering the Final Order and Judgment fully and finally resolving the Action; (b) determining whether the Settlement should be approved as fair, reasonable, and adequate; and (c) ruling upon an application by Class Counsel for an award of attorneys’ fees and Dr. Steven Keenholtz’s and Ms. Dorothy Guillicksen’s (collectively, “Named Plaintiffs”) incentive award (“Fairness Hearing”), filing a written objection with the Office of the Clerk of the Court, Essex County Superior Court, 56 Federal Street, Salem, Massachusetts 01970, and sending copies to the following counsel representing the Class and GHM:

Class Counsel		GHM Counsel
Jason M. Leviton, Esq.		David G. Thomas, Esq.
Block & Leviton LLP		Greenberg Traurig LLP
155 Federal Street, Suite 400		One International Place, Suite 2000
Boston, MA 02110		Boston, MA 02110

A written objection must be postmarked no later than July 3, 2017 and must be verified by a declaration or a sworn affidavit signed under the pains and penalties of perjury and must include: (1) the name and case number of the Action, (2) the full name, address, and telephone number of the person objecting, (3) a statement of each objection, and (4) a written statement detailing the specific reasons, if any, for each objection, including any legal and factual support the objector wishes to bring to the Court’s attention and any evidence the objector wishes to introduce in support of the objection(s). If a Class Member intends to object and appear at the Fairness Hearing, either with or without counsel, the Class Member must file and serve a timely objection. Any Class Member who objects and retains counsel must pay their own attorneys’ fees, costs and expenses.

Any Class Member who fails to timely file and serve a written objection and notice of his, her, or its intent to appear at the Fairness Hearing shall not be permitted to object to the approval of the Settlement at the Fairness Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means. Additional requirements for written objections are set forth in the Settlement Agreement.

WHAT CLAIMS WILL BE RELEASED BY THIS SETTLEMENT?

Upon final approval of the Settlement by the Court, the Action will be fully and finally resolved. In addition, every Class Member, and each of their respective present and former agents, affiliates, assigns, attorneys, directors, divisions, employees, heirs, insurers, legatees, managers, members, officers, parents, partners, personal representatives, predecessors, predecessors-in-interest, privities, related entities, representatives, shareholders, subsidiaries, successors, successors-in-interest, supervisors, and all persons acting by, through, under or in concert with them, or any of them shall release, acquit, and forever discharge GHM, and each of their respective present and former agents, affiliates, assigns, attorneys, directors, divisions, employees, heirs, insurers, legatees, managers, members, officers, parents, partners, personal representatives, predecessors, predecessors-in-interest, privities, related entities, representatives, shareholders, subsidiaries, successors, successors-in-interest, supervisors, and all persons acting by, through, under or in concert with them, or any of them (“Released Persons”), from all manner of accounts, actions, agreements, bills, bonds, causes of action, charges, claims, contracts, controversies, costs, covenants, damages, debts, demands, dues, executions, expenses, extents, interest, judgments, losses, liabilities, obligations, penalties, promises, reckonings, rights, suits, sums of money, trespasses, variances, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating to any of the acts, omissions or other conduct that have or could have been alleged or otherwise referred to in the Action including, but not limited to, any and all violations of Mass. Gen. Laws ch. 93A § 9 and 940 C.M.R. §§ 3.02(3)-(4), 3.04, 3.05, 3.13(1)(a) (the “Released Claims”). More specific information on the release of claims can be found in the Settlement Agreement.

WHAT ABOUT PLAINTIFFS’ ATTORNEYS’ FEES, COSTS AND EXPENSES?

In addition to the application by Class Counsel for attorneys’ fees, costs, and expenses described above, in connection with the Court’s consideration of the Settlement, Class Counsel intends to file an application for an incentive award for Named Plaintiffs in the aggregate amount of $2,000.00 (“Incentive Award”). GHM has agreed not to oppose such an application. Any such award is in addition to the Settlement consideration that is described above and will not reduce the benefits to you if the Settlement is approved.

WHAT IS THE NAMED PLAINTIFFS’ INCENTIVE AWARD?

Subject to Court approval, Class Counsel will apply to the Court for an award of attorneys’ fees, costs, and expenses. GHM has agreed not to oppose an application in an aggregate amount not to exceed $125,000.00. Any such award is in addition to the Settlement consideration that is described above and will not reduce the benefits to you if the Settlement is approved.

WHEN WILL THE FAIRNESS OF THE SETTLEMENT AND OBJECTIONS, IF ANY, BE HEARD AND DETERMINED?

The Court will hold a Fairness Hearing on August 1, 2017 at 2:00 p.m. in Courtroom H, Essex County Superior Court, 56 Federal Street, Salem, Massachusetts 01970, to: (a) enter the Final Order and Judgment fully and finally resolving the Action; (b) determine whether the Settlement should be approved as fair, reasonable, and adequate; and (c) rule upon an application by Class Counsel for an award of attorneys’ fees and the Named Plaintiffs’ Incentive Award. Objections to the terms of the Settlement or Class Counsel’s applications for fees, costs and expenses or for Named Plaintiffs’ Incentive Award will be considered by the Court at the Fairness Hearing. Any Class Member has a right to appear at the Fairness Hearing either personally or through counsel hired at your own expense. Class Members who do not object to the proposed Settlement do not need to appear at the Fairness Hearing. Class Members that do object to the proposed Settlement do need to appear at the Fairness Hearing, either personally or through counsel hired at their own expense.

ADDITIONAL INFORMATION

You may seek the advice and guidance of your own attorney, if you desire, and should not rely on this Notice as legal advice. A copy of the Settlement Agreement, Claim Form, and other related documents and Settlement details may be obtained by: (1) calling the Settlement Administrator at 1-877-449-8589, (2) mailing a written request for such information, including your name and address to: Settlement Administrator, GHM Settlement, Kurtzman Carson Consultants, LLC, P.O. Box 43447, Providence, RI 02940-3447, or (3) downloading the information at www.GHMClassAction.com. Also, you may examine all related documents and court filings during regular office hours at the Office of the Clerk of the Court, Essex County Superior Court, 56 Federal Street, Salem, Massachusetts 01970; however, PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THIS NOTICE TO THE CLERK OF THE COURT OR THE JUDGE.

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