‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Tod Lewis  

Sent: Friday, January 10, 2014 9:30 AM

To: 'F. Emmett Fitzpatrick, III'

Cc: Jon Piper

Subject: RE: City Select v Randall ‐‐ Class Notice proposed plan

We agree that if the Court allows fax notice then opt‐out faxing by class members would be appropriate.

We can make that change.

The name, address, fax and phone number information is contained on one or more of the B2B

electronic media (e.g. hard drive or backup DVDs). I believe this was discussed at the most recent class

cert hearing.

‐‐‐‐‐Original Message‐‐‐‐‐ 

From: F. Emmett Fitzpatrick, III [mailto:FEF@flammlaw.com]  

Sent: Thursday, January 09, 2014 2:36 PM

To: Tod Lewis

Subject: Re: City Select v Randall ‐‐ Class Notice proposed plan

Tod:

I oppose your proposal to send notices by fax because it would cause the same alleged damage that is

claimed in the Plaintiff's Complaint.

In the event that the Court permits you to fax the subject notices, I oppose your proposal to require opt‐

out notices to be returned by US mail.  There is no legitimate basis for requiring objectors to use a

different method of communication than the one used to contact them.

Please indicate whether you possess the names and addresses of the alleged class members, and if so,

how and when that information was obtained and why mailing notices to them in the first instance

would not be a superior method than faxing.  If you do not possess that information, please indicate

how you plan to obtain it within seven days of unsuccessfully trying to fax any particular number.  Upon

receipt of those answers I'll let you know if I have any additional objections.  I don't have sufficient

information to make that determination at the present time.

Emmett

F. Emmett Fitzpatrick, III

Flamm Walton PC

794 Penllyn Pike

Blue Bell  PA  19422

267.419.1505 (Phone)

267.419.1560 (Fax)

fef@flammlaw.com<mailto:fef@flammlaw.com>

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Case 1:11-cv-02658-JBS-KMW Document 98-2 Filed 01/10/14 Page 1 of 2 PageID: 3664
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On Jan 9, 2014, at 2:11 PM, Tod Lewis <Todd@bockhatchllc.com<mailto:Todd@bockhatchllc.com>>

wrote:

Mr. Fitzpatrick:

Our proposal for notice will be for Class Notice to be sent via facsimile to each of the 29,113 unique fax

numbers that Plaintiff’s expert witness, Robert Biggerstaff, has identified were successfully sent

advertising faxes in this case 44,382 times. If our efforts to fax those 29,113 class members are

unsuccessful after (3) faxing attempts, then we would send notice by U.S. Mail within 7 days thereafter.

Class members will be allowed 45 days to opt out of the class by mailing an opt out request to class

counsel and the court.

In light of the Petition for permission to appeal that you filed on January 6, 2014, we think the court may

prefer to continue resolution any disputes concerning the notice and notice plan until your PLA is

resolved. In the meantime we are providing you this summary of our proposed plan in order to ascertain

whether we may be able to reach agreement on the plan.

If our plan is agreeable with you we will proceed to send you a draft of the class notice so that we can

work out the details.

If you oppose our proposed plan, we will ask the judge tomorrow whether he prefers to resolve those

issues now, or wait until after the PLA is resolved. If you do object to this plan, please state the basis for

your objections.

Please advise.

Tod Lewis

Bock & Hatch, LLC

134 N. LaSalle St., Suite 1000

Chicago, IL 60602

312‐658‐5515 (direct)

512‐739‐0390 (cell)

Case 1:11-cv-02658-JBS-KMW Document 98-2 Filed 01/10/14 Page 2 of 2 PageID: 3665