Veilleux v. Electricity Maine

United States District Court for the District of Maine
Katherine Veilleux, et al. v. Electricity Maine, LLC, et al, No. 1:16-cv-571-LEW

If you purchased electric supply from Electricity Maine, LLC between January 1, 2011 and November 30, 2019, you could receive a cash payment from a class action settlement. 


The lawsuit is captioned Katherine Veilleux, et al. v. Electricity Maine, LLC, et al., Case No. 1:16-cv-571- LEW (the “Action”), and it was filed in the United States District Court, District of Maine (the “Court”). In the Action, Plaintiffs allege that Defendants engaged in deceptive marketing practices which caused Plaintiffs to purchase electricity from Electricity Maine, and to pay more than they otherwise would have for their electric supply. Defendants deny these allegations and any wrongdoing or unlawful conduct.

The Settlement provides for payments that will provide up to $14,000,000 to pay claims to those residential and small-business customers who purchased electricity from Electricity Maine between January 1, 2011, and November 30, 2019.

Electricity Maine has also agreed to waive payments of amounts owed by Settlement Class Members for electricity purchased during the Class Period that were more than one hundred twenty (120) days overdue as of November 30, 2019.

The Settlement of the Action will resolve claims against Electricity Maine, Spark HoldCo, LLC, Provider Power, LLC, Kevin Dean, and Emile Clavet (“Defendants”). The Settlement affects all individual residential and small business consumers who purchased electric supply from Electricity Maine, at any time from January 1, 2011 through and including November 30, 2019; Excluded from the Settlement Class are: (a) the Defendants; (b) officers, directors, shareholders, and employees of Defendants; (c) parents, subsidiaries, and affiliates of any Defendant; (d) any entity in which a Defendant has a controlling interest; (e) any attorneys representing Defendants in this Action, and their employees; (f) any judge to whom the Action is currently assigned or was previously assigned, and their staff; (g) Plaintiffs’ Counsel and their employees; and (h) any heirs, immediate family members, successors, and assigns of all such persons.


YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT

DEADLINE

Submit a Claim Form

To receive a payment under the Settlement, you must submit a valid Claim Form by the Claim Deadline.

Received:

Thursday, September 10, 2020

Opt-Out

You may exclude yourself from the Action and the Settlement.  This is the only option that allows you ever to bring or join another lawsuit raising the same legal claims against the Defendants. You will receive no cash payment from this Settlement.

Received:

Thursday, September 10, 2020

File Objection

Write to the Court about any aspect of the Settlement you don’t think is fair, adequate, or reasonable.  If you object to any aspect of the Settlement, you must submit a written Objection and a Claim Form by the Objection Deadline.

Received:

Thursday, September 10, 2020

Go to a Hearing

Speak to the Court about the Settlement (if you object to any aspect of the Settlement, you must first submit a written Objection by the Objection Deadline noted above).

Wednesday, October 14, 2020, 10:00 am Eastern Time

Do Nothing

You will not receive any cash payment; also, you will have no right to sue later for the claims released by the Settlement.

 


To settle the case and to avoid the further inconvenience, expense, and disruption of this lawsuit, Defendants have agreed to pay each Settlement Class Member who submits a Valid Claim an amount equal to $0.0023565 per kilowatt hour purchased by the Claimant as a customer of Electricity Maine, during the period of January 1, 2011 through and including November 30, 2019. In no event shall the Calculated Payment paid to any Claimant be less than $2.50. 
  
The Court still has to decide whether to finally approve the Settlement.  Payments will be sent to Settlement Class Members only if the Court approves the Settlement and the Settlement Class Member timely submits a Valid Claim.  If there are appeals, payments will not be made until the appeals are resolved and the Settlement becomes effective.  

Final Approval Hearing.  The Court will hold a hearing to determine: (i) whether the proposed Settlement should be approved as fair, reasonable, and adequate and should receive final approval; (ii) whether the Action and claims raised therein should be dismissed with prejudice; (iii) whether the Released Persons should be released from the Released Claims; (iv) whether Class Counsel’s application for Attorneys’ Fees and Costs should be granted in whole or in part; and (v) whether the motion for the Named Plaintiffs’ Enhancement Award should be granted in whole or in part. The hearing will be held before the Honorable Lance E. Walker.  The hearing has been scheduled for Wednesday, October 14, 2020 at 10:00 am Eastern Time. Consult this website or the Court docket in this case, for updated information.

The lawyers who brought the Action will ask the Court for up to $3,920,000 in Attorneys’ Fees and Expenses, which, if approved by the Court, will be paid by Defendants. Defendants have the right to oppose this request for Attorneys’ Fees and Expenses.  

The Plaintiffs, Katherine Veilleux, Jennifer Chon, Rocky Coast Acupuncture PC, and James Tilton, will ask the Court for $5,000 each in Named Plaintiffs’ Enhancement Awards in recognition of their assistance in the prosecution of the Action, which, if approved by the Court, will be paid by Defendants.

Your legal rights are affected whether you act or do not act.  Read the Notice carefully. 

The Notice summarizes the proposed Settlement.  For the precise terms and conditions of the Settlement, please see the Settlement Agreement, or contact the Settlement Administrator at P.O. Box 34727, Philadelphia, PA 19101-4727.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call (844)-484-0405

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Opt-Out/Exclusion Deadline

    Thursday, September 10, 2020
    You must complete and mail your request to Opt-Out and be excluded from the Settlement Class so that it is received by the Settlement Administrator no later than Thursday, September 10, 2020.
  • Objection Deadline

    Thursday, September 10, 2020
    You must mail your objection(s) and notice of intent to appear at the Final Approval Hearing so that it/they are received by the Clerk of Court no later than Thursday, September 10, 2020, and provide a copy to Class Counsel and Defendants Counsel.
  • Claim Form Deadline

    Thursday, September 10, 2020
    You must submit your Claim online no later than 11:59pm Eastern Time on Thursday, September 10, 2020, or mail your completed paper Claim Form so that it is received by the Settlement Administrator no later than Thursday, September 10, 2020.
  • Final Approval Hearing Date.

    Wednesday, October 14, 2020 The Final Approval Hearing is scheduled for Wednesday, October 14, 2020 at 10:00 am Eastern Time. Please check this website for updates.

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