On March 6, 2017, Plaintiffs filed their Motion for Approval of Creation of Common Fund and Payment of Expenses and Fees and Memorandum in Support of Adoption of Proposed Final Form of Judgment (“Common Fund Motion”). On January 17, 2019, Plaintiffs submitted a revised Proposed Final Judgment. Plaintiffs request the entry of a Final Order and Judgment requiring the Village to pay equitable restitution in the amount of $3,627,245.67 (the “Common Fund”). This amount is calculated as follows: payments by class members in the amount of $3,066,422.11 plus interest in the amount of $560,823.56. The Village denies liability and the amount of the Common Fund.
Plaintiffs’ proposed Final Order and Judgment approves an award of attorneys fees in the amount of $1,196,991.07, which equates to 33% of the amount sought on behalf of the Class (including accrued interest), plus $1,237.10 as reimbursement for the litigation expenses that they advanced, all of which would be paid out of the Common Fund, together with costs of administration, prior to payments to Class members, and not pro ratawith amounts actually collected on behalf of the Class. To review a copy of Plaintiffs’ Common Fund Motion and Plaintiffs’ proposed Final Judgment and Order, click the following links:
This ruling and the orders dated March 14, 2014 and February 8, 2017, as well as any final judgment in this case will be subject to further appeals by the Village. As such, the Class’s recovery and Class Counsel’s entitlement to attorney fees and reimbursement of litigation expenses are contingent on these rulings being upheld in future appeals. If they are upheld, the Court will later consider and approve a process for Class Members to receive refunds.
Because any attorney fee award granted to Class Counsel would come out of the amount that the Village ultimately is required to pay to the Class, any Member of the Class has standing to object to or otherwise comment on Class Counsel’s request for fees and reimbursement of litigation expenses.
The Court will hold a hearing on Class Counsel’s request for fees and reimbursement of litigation expenses on June 28, 2019, at 10 a.m, in Courtroom A of the Butler County Courthouse. This hearing will be open to the public. Any member of the Class who wishes to object to or otherwise comment on Class Counsel’s fee/expense request may do so by appearing at the hearing, whether personally or through an attorney. Please note that a Class Member does not have to appear or speak at this hearing, whether personally or through an attorney, in order to later receive his/her/its share of the Class’s recovery. Prior to addressing this Court at the hearing, a Class Member, or an attorney representing same, is required to file with the Butler County Common Pleas Clerk’s Office a “Notice of Intention to Address the Court,” no later than June 14, 2019. The address of the Clerk’s Office is 315 High Street, Third Floor, Hamilton, OH Each “Notice of Intention to Address the Court” must include the full name and address of the Class Member and the Class Member’s address at the time of the violation (if different from current address). Any Class Member filing a “Notice of Intention to Address the Court” must also mail a copy of it to Class Counsel, c/o Joshua A. Engel, Engel & Martin, LLC, 4660 Duke Drive, Ste. 101, Mason, OH 45040.
The Judge in the New Miami speed camera case has ordered New Miami to refund to motorists all fines paid under the unconstitutional speed camera ordinance.
A copy of the decision is available here: HTTPS://MBAJ22ORUPA3O16JAXXYICJD-WPENGINE.NETDNA-SSL.COM/WP-CONTENT/UPLOADS/2017/02/NEW-MIAMI-OSTER-DECISION.PDF