IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

JOHN C. ETTER, individually and as the representative 

of a class of similarly situated persons, 

 Plaintiff,

v.

ALLSTATE INSURANCE COMPANY, ALLSTATE 

INDEMNITY COMPANY, ALLSTATE PROPERTY AND 

CASUALTY INSURANCE COMPANY, ALLSTATE 

NORTH BROOK INDEMNITY COMPANY, ALLSTATE 

INSURANCE COMPANY OF CALIFORNIA, LOUIS 

ODIASE and JOHN DOES 1-5,

 Defendants.

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Case No. 17-CV-00184-WHA

NOTICE OF CLASS ACTION SETTLEMENT

PLEASE READ THIS NOTICE CAREFULLY. YOU MAY BE ENTITLED TO RECEIVE

MONEY.

To: All persons or entities successfully sent a facsimile on or about October 11, 2016, stating, “potentially 

save 40-60% off your Commercial auto insurance,” “fill out the form below” and “FAX YOUR REQUEST 

TO: 510-234-0518, TEL 510-234-0516, OR EMAIL: A026315@ALLSTATE.COM,” and “If you wish to be 

removed from our Fax list, please call 888-828-3086” (the “Class”).

A. WHY ARE YOU RECEIVING THIS NOTICE?

You are receiving this Notice because you are potentially a member of the Class (defined above). Your name 

and contact information (including your fax number) were identified in discovery in the lawsuit. This notice 

informs you about settlement of this pending lawsuit, that you may be a member of the Class, and that you 

have certain rights to object to the settlement. Defendants claim that Defendant Louis Odiase had prior 

express invitation or permission to send faxes to Class members and/or had an established business 

relationship with Class members. The Allstate Defendants claim that Defendant Odiase did not advise them of 

his fax advertising, that Odiase is an independent contractor, that the Allstate Defendants are not responsible 

for his actions and that his fax advertising was contrary to written company policy. This Notice is not an 

expression by the Court about the merits of the case.

B. WHAT IS THIS LAWSUIT ABOUT?

In the lawsuit, Plaintiff claims that Defendants violated the federal Telephone Consumer Protection Act, 47 

U.S.C. § 227 et seq. (the “TCPA”), by faxing 17,432 copies of an unsolicited advertisement to 15,286

members of the Class without their prior express invitation or permission and/or without specific opt-out 

language Plaintiff contends was required. Plaintiff seeks money damages for every Class member. The Court 

certified the case as a class action so that the claims about Defendants’ fax sent on or about October 11, 

2016 can be resolved class-wide in this single lawsuit. The Court’s decision to certify the class as a class 

action did not decide any of the merits of the case. This description of the case is general and does not cover 

all the issues or proceedings. You previously received a notice that the Court certified the Class defined 

above and were given an opportunity to opt out or exclude yourself from the Class. 

 C. WHAT IS THE PROPOSED SETTLEMENT?

Without admitting any fault or liability and in exchange for a release of all claims regarding the October 11, 

2016 fax advertisement, Defendants have agreed to pay a total of $6,533,250.00 to create a non-reversionary 

Case 3:17-cv-00184-WHA Document 137-1 Filed 06/06/18 Page 1 of 3
settlement fund (the “Settlement Fund”). The Settlement Fund shall be available to pay each Class member 

who has not previously opted out their pro rata share of the Settlement Fund, less attorneys’ fees, litigation

expenses, settlement administration costs, and an incentive award to the Class Plaintiff set by the Court. 

Plaintiff will seek to recover litigation expenses of approximately $145,619, and will ask the Court to approve

settlement administration costs, to be paid to the Settlement Administrator, in the amount of approximately 

$53,415 (which is included in above litigation expense figure), and an incentive award of $7,500.00 to Plaintiff 

for his time and efforts spent in responding to written discovery, sitting for deposition and attending 

mediations which resulted in obtaining this settlement on behalf of the Class. The incentive award sought 

amounts to less than 50¢ per Class member and 1/10 of 1% of the total recovery. Class Counsel will petition 

the Court for an award of attorneys’ fees of 30% of the Settlement Fund ($1,959,975.00), which is reasonable 

and within or below the range courts have awarded in similar class actions. The above expenses, costs, 

incentive award and fees combined represent approximately 32% of the Settlement Fund. The anticipated net 

amount expected to be distributed to each Class member is $254 per fax. Final approval and a determination 

of an incentive award, attorneys’ fees, settlement administration costs, and expenses are subject to a fairness 

hearing that will occur on October 25, 2018 at US District Court, Northern District of California, 450 Golden 

Gate Avenue, Rm 12 – 19th Floor, San Francisco, CA 94102 at 12:00 p.m.

 

D. WHO REPRESENTS THE CLASS?

The Court previously appointed Plaintiff (John C. Etter) as the class representative, and appointed the 

following Plaintiff’s attorneys as Class Counsel:

Anderson + Wanca

3701 Algonquin Rd., Ste. 500

Rolling Meadows, IL 60008

Schubert Jonckheer & Kolbe LLP

Three Embarcadero Center, Suite 1650

San Francisco, CA 94111

 Plaintiff will petition the Court for an incentive award, attorneys’ fees, litigation expenses and costs of 

settlement administration to be paid out of or from the Settlement Fund. 

 E. WHAT ARE YOUR OPTIONS?

You can object to the settlement since you did not previously opt out or exclude yourself form the class. You 

can discuss your choice with Class Counsel or your own attorney.

1. Do Nothing. If you do nothing, you will be bound by the judgment in the case and you will 

release your claims against Defendants arising from the October 11, 2016 fax advertisement in 

exchange for the check you will receive for your pro rata share of the Settlement Fund, less attorneys’ 

fees, litigation expenses, including settlement administration and incentive award set by the Court.

2. Object to the settlement in writing. If you object to the settlement, you can ask the Court to 

deny approval by filing an objection. You can’t ask the Court to order a larger settlement; the Court 

can only approve or deny the settlement. If the Court denies approval, no settlement payments will 

be sent out and the lawsuit will continue. If that is what you want to happen you must object. You 

must submit your objection in writing to the Clerk of the United States District Court for the Northern 

District of California, 450 Golden Gate Avenue, San Francisco, CA 94102. Your objection must be 

postmarked by or filed in person by <45 days after Notice Date> . 

 

Any written objection and supporting papers must identify the case name and number (Etter v. 

Allstate, Case No. 17-cv-0184) and must include your name, fax 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

reasons why you believe the Court should find that the proposed settlement is not in the best 

interests of the Class. It is not enough to say that you object; you must state the reasons why you 

believe the Court should not approve the settlement. You may also appear in person or through 

your own attorney at the final approval hearing before Judge William H. Alsup in Courtroom 12 – 19th 

Case 3:17-cv-00184-WHA Document 137-1 Filed 06/06/18 Page 2 of 3
Floor at 450 Golden Gate Avenue, San Francisco, CA 94102 on October 25, 2018 at 12:00 p.m. If 

you appear through your own attorney, you are responsible for paying that attorney.

 F. WHEN WILLL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

 

The Court will hold a final fairness hearing on October 25, 2018 at 12:00 p.m., in Room 12 – 19th Floor of the 

United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, 

CA 94102 and hear any timely and properly-filed objections and arguments about the settlement. You are not

required to attend this hearing unless you objected to the settlement. The fairness hearing may be continued

to a future date by order of the court without further notice. You can check the settlement website or the 

Court’s PACER site to confirm that the date has not been changed.

G. WHERE CAN YOU GET MORE INFORMATION? If you have questions about this Notice or about the 

settlement, write to attorney Ryan M. Kelly of Anderson + Wanca at the address listed above. Include the case 

number, your name, your fax number, and your current street address on any correspondence. Alternatively, 

you can call Mr. Kelly’s office at 1-855-827-2329. You can review the complaint and settlement documents at 

Odiase-AllstateTCPAsettlement.com. This Notice only summarized the litigation and the settlement. The 

Court files for this case are available for your inspection at the Office of the Clerk of Court for the United States 

District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102

(Monday through Friday, 9:00 a.m. – 4:00 p.m.) or through the Court’s Public Access to Court Electronic 

Records (PACER) system at https://ecf.cand.uscourts.gov. 

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK’S OFFICE TO INQUIRE ABOUT 

THIS SETTLEMENT.

Para ver este aviso legal en espanol favor de accesar este sitio:

WWW.ODIASE-ALLSTATETCPASETTLEMENT.COM

BY ORDER OF THE COURT

HONORABLE WILLIAM H. ALSUP

 

Case 3:17-cv-00184-WHA Document 137-1 Filed 06/06/18 Page 3 of 3