Soular et al. v. Northern Tier Energy LP, et al., Case 0:15-cv-00556-SRN-KMM
A court authorized a notice because you have a right to know about the proposed Settlement of a class action lawsuit known as Alex Soular et al. v. Northern Tier Energy LP; Northern Tier Energy LLC; Northern Tier Retail Holdings, LLC; Northern Tier Retail, LLC d/b/a SuperAmerica, Case No. 0:15-cv-00556-SRN-KMM in the United States District Court District of Minnesota, and about all of your options, before the Court decides whether to approve the Settlement. The Notice and this website explain the lawsuit, the Settlement, your legal rights, what Payments are available, who is eligible for them, and how to get them.Back To Top
The lawsuit alleges that SuperAmerica violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by sending unsolicited text messages. Specifically, the lawsuit claims that SuperAmerica sent or transmitted, or had sent or transmitted on their behalf, text message advertisements to wireless telephone numbers using a computerized automatic telephone dialing system as defined by the TCPA that stores telephone numbers from a database, or dials random or sequential numbers. The lawsuit claims that these messages were sent without the recipients’ prior consent in violation of the TCPA.
SuperAmerica denies all material allegations asserted by Plaintiffs. SuperAmerica specifically disputes that it violated the TCPA, any statute, or common law; that it used an automatic telephone dialing system to contact Plaintiffs or potential Settlement Class Members without their prior express consent; and that Plaintiffs and potential Settlement Class Members are entitled to any relief. SuperAmerica further contends that the allegations contained in Plaintiffs’ Amended Complaint are not amenable to class certification. Nevertheless, given the risks, uncertainties, burden, and expense of continued litigation, SuperAmerica has agreed to settle this litigation on the terms set forth in this Settlement Agreement, subject to Court approval.
The Plaintiffs’ First Amended Class Action Complaint, SuperAmerica’s answer to that Complaint, the Settlement Agreement, and other case-related documents are posted on this Settlement Website, here The Settlement resolves the lawsuit. The Court has not decided who is right.Back To Top
The Court has not decided who is right. Instead, both sides agreed to the Settlement. That way, they avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members will receive the Payments described in the Notice and on this website. The proposed Settlement does not mean that any law was broken or that SuperAmerica did anything wrong. SuperAmerica denies all legal claims in this case. The Class Representatives and the lawyers representing the Class think the Settlement is best for everyone who received these text messages.Back To Top
The Settlement includes all persons and entities within the United States who received a text message from or sent on behalf of SuperAmerica to a cellular telephone through the use of an automatic telephone dialing system from January 1, 2012 through April 1, 2015.
The January 1, 2012 through April 1, 2015 dates are known as the “Class Period.”Back To Top
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, review this Settlement Website or call the toll-free number, 1-844-512-9009. You also may send questions to the Claims Administrator at Soular v. Northern Tier Claims Administrator, P.O. Box 4390, Portland, OR 97208-4390.Back To Top
SuperAmerica will pay a “Total Settlement Payment” of a minimum of $2,200,000.00 up to a maximum of $3,500,000.00. This Total Settlement Payment will cover all Court-awarded Settlement costs and cover all “Cash Awards” and “In-Store Awards” paid to Settlement Class Members who file valid claims.
If you are a Settlement Class Member, you can make one claim to receive one Cash Award and one In-Store Award (together the “Payment”) regardless of the number of text messages you received from SuperAmerica.
The In-Store Award will be issued as a gift card usable only in SuperAmerica convenience stores. The In-Store Award may be used to redeem any merchandise, including gasoline, sold by SuperAmerica with the exception of alcohol, tobacco, and lottery products. The In-Store Award will be valid for a period of 180 days after the In-Store Award is issued.
Your Payment may be more or less depending on the number of claims submitted. The Cash Award and the In-Store Award are subject to pro rata adjustment. After determination of the costs of the Settlement (attorneys’ fees and costs, service awards to the Class Representatives, and costs of notice and administration) the total, final amount of claimed Cash Awards and In-Store Awards will be added. If the resulting total is:
In order to receive a Cash Award and In-Store Award, you must complete and submit a valid Claim Form.
Mailed Claim Forms must be postmarked on or before June 15, 2017 to the address on the Claim Form:
Soular v. Northern Tier
P.O. Box 4390
Portland, OR 97208-4390
Online claims must be filed by 11:59 p.m. CDT on June 15, 2017.
If you have questions about how to file your claim that cannot be answered by this website, please call 1-844-512-9009. You also may send questions to the Claims Administrator at Soular v. Northern Tier Claims Administrator, P.O. Box 4390, Portland, OR 97208-4390.Back To Top
Payments to Settlement Class Members who file valid claims will be made only after the Court grants “final approval” to the Settlement and after any appeals are resolved (see FAQ 18). If there are appeals, resolving them can take time. Please be patient.Back To Top
If you do nothing, you won’t get a Payment. And unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against SuperAmerica or related companies. It also means that all of the Court’s orders will apply to you and legally bind you.Back To Top
If you exclude yourself, you can’t get a Payment from this Settlement. But you may sue, continue to sue, or be part of a different lawsuit against SuperAmerica. To exclude yourself from the Settlement, you must send a letter or other written document by mail to:
Soular v. Northern Tier
P.O. Box 4390
Portland, OR 97208-4390
Your Request for Exclusion must include the following:
Your Request for Exclusion must be postmarked no later than May 15, 2017. You cannot ask to be excluded on the phone, by email, or on this website.Back To Top
No. Unless you exclude yourself, you give up any right you might have to sue SuperAmerica for legal claims that the Settlement resolves. You must exclude yourself from the Settlement Class in order to try to maintain your own lawsuit. If you start your own lawsuit, you will have to hire your own lawyer, and you will have to prove your claims.Back To Top
Unless you exclude yourself from the Settlement, you cannot sue or be part of any other lawsuit against SuperAmerica about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you. If you file a Claim Form for benefits or do nothing at all, you will be releasing SuperAmerica from all of the claims described and identified in Section 13 of the Settlement Agreement.
The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the release and describes the released claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the lawyers representing the Settlement Class listed below in FAQ 14 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.Back To Top
No. You will not get a Payment from the Settlement if you exclude yourself from the Settlement.Back To Top
Yes, the Court has appointed J. Gordon Rudd, Jr. and June P. Hoidal of Zimmerman Reed LLP, 1100 IDS Center, 80 South 8th Street, Minneapolis, MN 55402 as “Class Counsel” to represent all members of the Settlement Class.
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in court for you at your own expense.Back To Top
Class Counsel intends to request the greater of $800,000.00 or 30% of the Approved Claims for attorneys’ fees plus reimbursement of reasonable expenses. The Court will decide the amount of fees and expenses to award.
Class Counsel also will request that service awards of $2,500.00 to Alex Soular, $500.00 to Sterling Molby, and $500.00 to Jonathan Diamond be paid from the Total Settlement Payment to each of the Class Representatives for their service as representatives on behalf of the whole Settlement Class.Back To Top
If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must submit a letter or other written document that includes the following:
You must file your written objection with the Court no later than May 15, 2017. You must also serve your objection via first-class U.S. mail on Class Counsel and SuperAmerica’s Counsel so that it is received no later than May 15, 2017. The addresses are listed below.
|Clerk of the Court||Class Counsel||Defense Counsel|
|Warren E. Burger Federal
Building and U.S. Courthouse
316 North Robert Street
St. Paul, MN 55101
J. Gordon Rudd, Jr.
June P. Hoidal
Zimmerman Reed LLP
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
|Shawn M. Raiter
Larson King, LLP
2800 Wells Fargo Place
30 East 7th Street
St. Paul, MN 55101
Objecting is simply telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.Back To Top
The Court has scheduled a Final Approval Hearing on July 28, 2017 at 9:30 a.m. at the United States District Court District of Minnesota, 774 Federal Building, 316 N. Robert Street, St. Paul, MN 55101. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for service awards to the Class Representatives. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.Back To Top
No. Class Counsel will answer any questions the Court may have. But, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to court to talk about it unless the Court orders you or your attorney to attend. As long as you submitted your written objection on time, to the proper addresses, and it complies with the other requirements set forth above, the Court will consider it. You also may pay your own lawyer to attend the hearing, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Final Approval Hearing. If you wish to speak, you must make that request with your objection and file you objection following all the instructions in FAQ 16.
You cannot ask to speak at the hearing if you exclude yourself from the Settlement.Back To Top
The Notice and this website summarize the proposed Settlement. More details are in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement here. You may also write with questions to the Claims Administrator at Soular v. Northern Tier Claims Administrator, P.O. Box 4390, Portland, OR 97208-4390, or call the toll-free number, 1-844-512-9009.
PLEASE DO NOT DIRECT YOUR QUESTIONS TO THE COURT. THE COURT CANNOT ANSWER ANY QUESTIONS REGARDING THE SETTLEMENT.Back To Top