What happens if I do nothing at all?
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay in and the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue Ruby about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.
Why would I ask to be excluded?
If you already have your own lawsuit against Ruby and want to continue with it, or if you wish to file your own lawsuit against Ruby in the future, or if you simply don’t want to be a class member in this lawsuit, you need to ask to be excluded from the Class. If you exclude yourself from the Class — sometimes called “opting-out” of the Class — you won’t get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached) between Ruby and the Plaintiffs. However, you may then be able to sue or continue to sue Ruby for breaches of its service agreements that occurred after November 2, 2012. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.
If you start your own lawsuit against Ruby after you exclude yourself, you’ll have to hire and pay your own lawyer for that lawsuit, and you’ll have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Ruby, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.
How do I ask the Court to exclude me from the Class?
Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on behalf of the Class. Click here for Class Counsel’s contact information. But, you may hire your own lawyer, at your own expense. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
Do I have to come to the trial?
You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and the Attorneys for the Defendant will present the Ruby’s defenses. You or your own lawyer are welcome to come at your own expense.