No, you are not being sued.

This is not a lawsuit against you.  Instead, you may be a qualified class member in suit involving the City of Fargo, and may be entitled to a settlement payment.

The litigation concerns payment of fees between August 30, 2001 and March 26, 2008, for non-criminal traffic violations in the City of Fargo in excess of those permitted by state statutes.  Plaintiffs allege fees imposed exceeded the amount permitted by North Dakota statute §39-06.1-06.

The detailed terms of the Proposed Settlement are contained in the Stipulation for Settlement.

In summary, the City of Fargo agrees to establish a settlement fund in the amount of $1,5000,000.00 to reimburse excess fees paid by qualified claimants above the amount authorized by state statute for non-criminal traffic violations occurring between August 30, 2001 and March 26, 2008.  Refunds will not be greater than sixty-five percent (65%) of the amount of overpayment for qualified violations within the City of Fargo during the class period, and your final award may be less than 65% depending based on response rates of qualified claimants.

Additionally, the City of Fargo agrees to pay the costs for contacting potential class members, and agrees to not contest an application by Class Counsel for costs relating to administering the class action settlement and Attorneys’ fees in an amount up to $350,000.00.  The Court has also ordered that incentive payments paid to the named Plaintiffs shall be paid by the City of Fargo.

Plaintiffs and Class Counsel believe that the recoveries provided by this Proposed Settlement are fair and reasonable, and outweigh the speculative nature of proceeding to trial.

To collect any amount, a Class Member must return a completed claim form postmarked no later than November 2, 2009.  All forms postmarked after this date will be late and the claim denied.

You may be a Class Member if:

1. You incurred and paid fees (in whole or in part) to the City of Fargo;
2. For non-criminal violations between August 30, 2001, and March 26, 2008; and,
3. You have not previously received refund of the excess fees paid.

As a class member, you have four choices:

First, you may submit a Claim Form. Assuming the Proposed Settlement is approved by the Court and becomes final, you will be bound by the settlement and may receive a Settlement Payment at a later date. To be valid, your completed Claim Form must be postmarked on or before November 2, 2009.

Second, you may opt out of this Settlement.  Should you choose to opt out —also known as “excluding” yourself from the settlement—you will receive no payment, but you will also not be bound the result of the lawsuit and remain free to file a suit at your own expense. To opt out, you must complete and return a “Request for Exclusion” form postmarked on or before November 2, 2009.

Third, you may submit a Claim Form and objection to the settlement terms you believe to be ‘unfair.’  To do so, you must appear on your own or through an attorney hired at your expense.  Your written objection must be postmarked on or before November 2, 2009, and filed with the Clerk of Court, 655 1st Avenue North, Suite 130, Fargo, North Dakota, 58108-2806.  Your objection must include the name and number of the lawsuit and any supporting materials, papers, or briefs intended for the Court’s consideration.

Fourth, you can do nothing.  By doing nothing you will not receive payment, but will be bound to the terms of the Settlement.

PLEASE NOTE: In the event you elect to file a claim or exclude yourself from the settlement, please return either the Claim Form or Exclusion Form to the Claims Administrator.

Do not return both an Exclusion form and Claim form.  Copies of these documents, as well as the Notice and Stipulation for Settlement, can be found in the Case Documents section.

Yes—the Court appointed the Vogel Law Firm to serve as Class Counsel.  You may reach Class Counsel at 200 North Third Street, P.O. Box 2097, Bismarck, North Dakota, 58502.

You will not be charged for Class Counsel’s services.  Class Counsel’s fee will be paid, if at all, from the settlement fund created by the City of Fargo.

Questions of a legal nature should be made in writing to class counsel Monte L. Rogneby, Vogel Law Firm, P.O. Box 2097, Bismarck, North Dakota 58502-2097.

You do not need to retain a lawyer because Class Counsel represents the interests all class members.  However, if you wish to retain your own lawyer, you may do so at your own expense.

First, review all the documents provided in the Case Documents section.  If questions remain unanswered, please contact the Claims Administrator at the City of Fargo toll-free information line: 1-877-886-9652.

All legal questions should be directed to Class Counsel.