IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

 

MARK WASVARY, individually

and as the representative of a class of similarlysituated persons, 

 PLAINTIFF, 

 V. 

WB HOLDINGS, LLC f/k/a AIRTIME TRAMPOLINE 

PARK TROY, LLC and f/k/a AIRTIME TRAMPOLINE 

& GAME PARK, AIRTIME TRAMPOLINE LLC d/b/a 

AIRTIME TRAMPOLINE & GAME PARK and d/b/a 

MICHIGAN AIRTIME, MICHIGAN AIRTIME 

HOLDINGS, LLC d/b/a AIRTIME TRAMPOLINE & 

GAME PARK and d/b/a MICHIGAN AIRTIME, 

MICHIGAN AIRTIME I, LLC d/b/a AIRTIME 

TRAMPOLINE & GAME PARK and d/b/a MICHIGAN 

AIRTIME, MICHIGAN AIRTIME II, LLC d/b/a AIRTIME 

TRAMPOLINE & GAME PARK and d/b/a MICHIGAN 

AIRTIME, and MICHIGAN AIRTIME III, LLC d/b/a 

AIRTIME TRAMPOLINE & GAME PARK and d/b/a 

MICHIGAN AIRTIME, 

 DEFENDANT.

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Case No. 15-cv-10750 

Hon. Sean F. Cox 

CLASS ACTION 

DEMAND FOR JURY TRIAL

 

 

DECLARATION OF DOROTHY SUE MERRYMAN 

I, Dorothy Sue Merryman, declare under penalty of perjury, as provided for by 28 U.S.C. 

§ 1746, that the following statements are true: 

1. I have personal knowledge of the facts stated in this affidavit and can 

competently testify to the same. 

2. I am a Project Manager for Class-Settlement.com (“Class Settlement”). 

3. Class Settlement provides claims administration services, including class 

notification, claims processing, and distribution services. 

4. At the request of Plaintiff’s counsel, I coordinated a subsequent distribution of the 

class Notice in this case by email and U.S. mail, and the processing of claims, and have 

knowledge of what work was performed. 

Case 2:15-cv-10750-SFC-APP ECF No. 79-1 filed 04/09/18 PageID.1184 Page 1 of 7
5. Attached as Exhibit 1 is a copy of the Class Notice Class Counsel provided to 

me. 

6. Class Counsel also provided me a list of 35,260 unique phone number records, 

as well as contact names, email addresses, and physical address information relating to some, 

but not all, of those records. 

7. Class Counsel requested that I send Exhibit 1 to the unique records on the list for 

which an email address was available, and then by U.S. Mail for those numbers that were 

unreachable via email, as well as those with no email available, for whom an address was 

provided by the Defendant. 

8. The Class List included 24,593 records with an email address. I added one test 

email address to the list to ensure the accuracy of the email broadcast. 

9. On January 29, 2018, I caused Exhibit 1 to be sent by email to the 24,593 

records contained in the list provided by Class Counsel and the test address. 

10. Of the 24,593 email addresses, 20,431 were sent successfully and 4,162 failed. 

The test record was sent successfully. 

11. At the conclusion of the notice by email, we generated a list of the 4,162 to which 

the email Notice was unsuccessful, as well as any address data associated with those records. 

We were able to acquire complete addresses for 3,889 records. 

12. Class Counsel requested that we mail Notice to those records with available 

addresses, which were unreachable by email, as well as to the 10,664 records for which no 

email address was provide by the Defendant, after first comparing the resulting list against the 

U.S. Postal Service’s National Change of Address (CASS/NCOA) database. 

13. On or about January 30, 2018, I caused Exhibit 1 to be sent by U.S. Mail to the 

14,553 addresses associated with did not receive or were not sent Notice via email, and for 

which address information was available. 

Case 2:15-cv-10750-SFC-APP ECF No. 79-1 filed 04/09/18 PageID.1185 Page 2 of 7
14. As of April 9, 2018, Class-Settlement received no requests to opt out of the 

settlement, and no objections to the settlement. 

Executed this ____ day of April, 2018. 

 

 

Dorothy Sue Merryman 

Case 2:15-cv-10750-SFC-APP ECF No. 79-1 filed 04/09/18 PageID.1186 Page 3 of 7
EXHIBIT 1

Case 2:15-cv-10750-SFC-APP ECF No. 79-1 filed 04/09/18 PageID.1187 Page 4 of 7
This is a notice of a lawsuit settlement. 

You may benefit from this. Please read it carefully. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

MARK WASVARY, individually

and as the representative of a class of similarly-situated 

persons, 

Plaintiff, 

v. 

WB HOLDINGS, LLC f/k/a AIRTIME TRAMPOLINE PARK 

TROY, LLC and f/k/a AIRTIME TRAMPOLINE & GAME PARK, 

AIRTIME TRAMPOLINE LLC d/b/a AIRTIME TRAMPOLINE & 

GAME PARK and d/b/a MICHIGAN AIRTIME, MICHIGAN 

AIRTIME HOLDINGS, LLC d/b/a AIRTIME TRAMPOLINE & 

GAME PARK and d/b/a MICHIGAN AIRTIME, MICHIGAN 

AIRTIME I, LLC d/b/a AIRTIME TRAMPOLINE & GAME PARK 

and d/b/a MICHIGAN AIRTIME, MICHIGAN AIRTIME II, LLC 

d/b/a AIRTIME TRAMPOLINE & GAME PARK and d/b/a 

MICHIGAN AIRTIME, and MICHIGAN AIRTIME III, LLC d/b/a 

AIRTIME TRAMPOLINE & GAME PARK and d/b/a MICHIGAN 

AIRTIME, 

Defendants.

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Case No. 15-cv-10750 

Hon. Sean F. Cox 

CLASS ACTION 

DEMAND FOR JURY TRIAL

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT WITH ATTACHED CLAIM FORM 

TO: All cellular telephone account holders with a telephone number to which at least one text 

message was sent in 2014 or 2015 advertising the commercial availability or quality of 

Defendants’ property, goods, or services and sent without the recipient’s prior express written 

consent, invitation or permission to receive advertisements by text message or without 

informing them such consent was not a condition of purchase. The term prior express written 

consent means an agreement, in writing, bearing the signature of the person called that clearly 

authorizes the seller to deliver or cause to be delivered to the person called advertisements or 

telemarketing messages using an automatic telephone dialing system or an artificial or 

prerecorded voice, and the telephone number to which the signatory authorizes such 

advertisements or telemarketing messages to be delivered. 

The Court ordered us to send you this Notice because your telephone number is contained on a list of numbers to 

which text messages were sent and you appear to be a member of the Settlement Class defined above. 

A. WHAT IS THIS LAWSUIT ABOUT? 

Plaintiff, Mark Wasvary (“Plaintiff”) filed this class action lawsuit against WB Holdings, LLC f/k/a Airtime 

Trampoline Park Troy, LLC and f/k/a Airtime Trampoline & Game Park, Airtime Trampoline LLC d/b/a 

Airtime Trampoline & Game Park and d/b/a Michigan Airtime, Michigan Airtime Holdings, LLC d/b/a Airtime 

Trampoline & Game Park and d/b/a Michigan Airtime, Michigan Airtime I, LLC d/b/a Airtime Trampoline & 

Game Park and d/b/a Michigan Airtime, Michigan Airtime II, LLC d/b/a Airtime Trampoline & Game Park 

and d/b/a Michigan Airtime, and Michigan Airtime III, LLC d/b/a Airtime Trampoline & Game Park and d/b/a 

Michigan Airtime (“Defendants”), alleging that they violated the federal Telephone Consumer Protection Act 

(“TCPA”) by sending unsolicited text messages. Defendants denied Plaintiff’s allegations and raised 

defenses to Plaintiff’s claims. The parties have agreed to settle all claims about text messages allegedly 

sent by or on behalf of Defendants in 2014 and 2015. This notice informs you of your rights as a member of 

the Settlement Class as defined above. 

B. WHAT IS THE PROPOSED SETTLEMENT? 

Defendants have created a total settlement fund of $75,000.00 (the “Settlement Fund”) to pay valid class 

member claims, and other payments such as class action settlement administration costs, attorney’s fees, 

costs, and expenses, and an incentive award to Plaintiff (“Other Payments”). Class members submitting a 

valid and timely claim will be their pro rata share of the Settlement Fund after those Other Payments. 

Case 2:15-cv-10750-SFC-APP ECF No. 79-1 filed 04/09/18 PageID.1188 Page 5 of 7
The Court has preliminarily approved the proposed settlement, and certified the Settlement Class, defined 

above, subject to a final approval hearing that will occur on April 13, 2018, at 10:000 a.m., in Room 100 in 

the United States District Court for the Eastern District of Michigan, Theodore Levin U.S. Courthouse, 231 

W. Lafayette Blvd., Detroit, MI 48226. 

C. WHAT ARE YOUR FOUR OPTIONS?

1. Submit a Proof of Claim (attached) to receive a check: You must submit a Claim Form postmarked,

faxed, or electronically via www.class-settlement.com within ninety (90) days after this Notice is sent,

(on or before April 30, 2018) to be eligible to receive a settlement check.

2. Do nothing: You will be bound by the judgment and, if the Court approves the settlement, you will release

your claims. You will not receive a settlement check if you do not submit a Claim Form.

3. Opt out of the settlement: You have the right to exclude yourself from both the class action and the

settlement by mailing a written request for exclusion. Your request must be postmarked on or before March

30, 2018, and it must list your name, cellular phone number, street address, the name and number of this

case, and it must state that you wish to be excluded (for example, “Exclude me from the Airtime

Settlement.”). Mail your exclusion request to the following attorneys, postmarked by that date, and they will

notify the Court of your request:

4. Object to the settlement: If you wish to object to the settlement rather than excluding yourself, you must file

a written objection with the Civil Clerk’s Office, United States District Court for the Eastern District of Michigan,

Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, MI 48226. Your objection must be

postmarked by March 30, 2018, and must refer to the name and number of this case (Wasvary v. WB

Holdings, LLC et al., Case No. 15-CV-10750). You must also serve copies of your objection on Class

Counsel and Defendant’s attorney (at the addresses above), postmarked by the same date. Your objection

must include your name, cellular phone number, street address, all attorneys who assisted you in the

preparation and filing of your objection, a list of all other class action cases in which you or your counsel have

filed objections to settlements, and a statement of the reasons why you believe the Court should find that the

proposed settlement is not in the best interests of the Settlement Class. It is not sufficient to simply state that

you object; you must state the reasons why you believe the settlement should not be approved. Additionally, if

you want the Court to consider your objection, then you must also appear at the final approval hearing in

Room 100 in the United States District Court for the Eastern District of Michigan, Theodore Levin U.S.

Courthouse, 231 W. Lafayette Blvd., Detroit, MI 48226, on April 13, 2018, at 10:000 a.m. YOU ARE NOT

REQUIRED TO ATTEND THIS HEARING UNLESS YOU OBJECT TO THE SETTLEMENT.

D. WILL THE COURT APPROVE THE SETTLEMENT? 

The Court will hold a final fairness hearing to decide whether to approve the settlement on April 13, 2018, at 

10:000 a.m., in Room 100 in the United States District Court for the Eastern District of Michigan, Theodore Levin 

U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, MI 48226. At that hearing, the Court will hear any timely and 

properly-filed objections and arguments about the settlement. You are not required to attend this hearing unless 

you object to the settlement. The hearing may be continued to a future date without further notice. 

E. WHO REPRESENTS THE SETTLEMENT CLASS IN THIS LITIGATION? 

Plaintiff Mark Wasvary is the class representative. Plaintiff’s attorneys have been appointed as Class Counsel. 

They are: Phillip A. Bock of Bock, Hatch, Lewis & Oppenheim, LLC. These attorneys have litigated this matter 

on a contingency basis. As part of the settlement, Class Counsel will request that the Court award Plaintiff an 

incentive award of $2,500.00 for serving as the class representative and ask the Court to award Class 

Counsel attorneys’ fees equal to one-third of the settlement fund for their legal services ($25,000.00), plus 

expenses also from the settlement fund. You will not have to pay any money to Class Counsel. 

F. INQUIRIES: 

If you have specific questions, you can write to Class Counsel at one of the addresses listed above. Include the 

case number, your name, your cellular phone number, and your current street address on any correspondence. 

You may also call attorney Phillip A. Bock, one of the lawyers for the Class, at 312-658-5501. 

Please do not contact the Clerk of the Court, the Judge, or the Judge’s staff, because they cannot answer 

your questions or give you advice about this settlement. 

BY ORDER OF THE COURT - HONORABLE SEAN COX 

For Class Counsel: 

Phillip A. Bock 

Bock, Hatch, Lewis & Oppenheim, LLC 

Attn.: Airtime Settlement 

134 N. La Salle St., Ste. 1000 

Chicago, IL 60602 

Defendant’s Attorneys: 

Darryl Bressack 

Fink + Associates Law 

Attn.: Airtime Settlement 

38500 Woodward Ave., Suite 350 

Bloomfield Hills, MI 48226 

Case 2:15-cv-10750-SFC-APP ECF No. 79-1 filed 04/09/18 PageID.1189 Page 6 of 7
PROOF OF CLAIM 

Wasvary v. WB Holdings, LLC et al., Case No. 15-CV-10750 

Cellular Phone Number: 

You Must Complete All THREE Steps to Claim a Share of the Settlement Fund: 

1. You Must Provide Your Contact Information. 

Name: __________________________________________________________________________ 

Company: _______________________________________________________________________ 

Address: ________________________________________________________________________ 

City/State/Zip Code: _______________________________________________________________ 

Cellular Phone Number(s): __________________________________________________________ 

[List All Numbers] 

2. You Must Verify Ownership of the Cellular Phone Number(s) Listed in #1 above: 

(a) “I or my company was the subscriber to or primary user of the Cellular Phone number(s) listed 

above throughout the period from January 1, 2014 to December 31, 2015.” 

 __________________________________________ 

 (Sign your name here) 

OR 

(b) “I or my company was/were not the subscriber to or primary user of the Cellular Phone 

number(s) listed above throughout the period from January 1, 2014 to December 31, 2015.” 

Explain when you obtained the cellular phone number(s) listed in #1 above: 

__________________________________________________________________ 

 

__________________________________________________________________ 

 _________________________________________ 

 (Sign your name here) 

3. You Must Return this Claim Form by April 29, 2018: 

(a) Fax this Claim Form to: 

OR 

(b) Mail this Claim Form to: Wasvary v Airtime 

Class-Settlement.com 

PO Box 9009 

 Hicksville, NY 11802-9009 

OR 

(c) Submit this claim form electronically at www.class-settlement.com: 

 Username: Password:

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