1. Why did I get this notice package?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. How do I know if I am part of the settlement?
6. I’m still not sure if I am included.
7. What does the settlement provide?
8. How much will my payment be?
9. How can I get a payment?
10. When would I get my payment?
11. What am I giving up to get a payment or stay in the Class?
12. How do I get out of the settlement?
13. If I don’t exclude myself, can I sue the Defendants for the same thing later?
14. If I exclude myself, can I get money from this settlement?
15. Do I have a lawyer in the case?
16. How will the lawyers be paid?
17. How do I tell the Court that I don’t like the settlement?
18. What’s the difference between objecting and excluding?
19. When and where will the Court decide whether to approve the settlement?
20. Do I have to come to the hearing?
21. May I speak at the hearing?
22. What happens if I do nothing at all?
23. Are there more details about the settlement?
24. How do I get more information?
You were previously or are currently a client of The Law Offices of Lucas Magazine and the firm’s records reflect you entered into a funding agreement with or sold an interest in your personal injury claim to Momentum Funding, LLC and/or repaid funding during the period from April 27, 2016 through September 8, 2023.
The Court sent you this notice because you have a right to know about a proposed settlement of a class action lawsuit, and about all of your options, before the Court decides whether to approve the settlement. If the Court approves it, an administrator appointed by the Court will make the payments that the settlement allows. You will be informed of the progress of the settlement.
This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of the case is the United States Bankruptcy Court for the Middle District of Florida, and the case is known as Elizabeth Wilkosky, et al v. The Law Offices of Lucas Magazine, PLLC, et al, Case No.: 8:24-ap-00194-CPM.
The people who sued are called Plaintiffs, and the law firm and the persons they sued, The Law Offices of Lucas Magazine, PLLC (now known as Lucas, Macyszyn & Dyer Law Firm, PLLC), James Magazine, Elizabeth Magazine, Jeff Lucas, and Momentum Funding, LLC, are called the Defendants.
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The lawsuit claimed that the Law Offices of Lucas Magazine failed to disclose to its clients that the firm had a conflict of interest with Momentum Funding LLC when Momentum purchased an interest in clients’ legal claims being handled by the law firm or repaid funding from Momentum. The Law Offices of Lucas Magazine has filed for bankruptcy. The Law Offices of Lucas Magazine and the other Defendants deny that a conflict of interest existed and further deny any legal responsibility for damages associated with the lawsuit.
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In a class action, one or more people called Class Representatives (Elizabeth Wilkosky), sued on behalf of people who have similar claims. All of these people are part of a Class or Class Members. One court resolves the issues for all Class Members, except for those who timely request to be excluded from the Class.
U.S. Bankruptcy Judge Catherine Peek McEwen is in charge of this class action.
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The Court did not decide in favor of Plaintiffs or Defendants. The Plaintiffs think they could have won at trial. The Defendants think the Plaintiffs would not have won anything from a trial. There was also the possibility that, had Plaintiffs won, there would not have been sufficient funds available to pay the claims. There was no trial. Instead, both sides agreed to a settlement. This avoids the cost of a trial and guarantees the people affected will get some compensation. The Class Representatives and the attorneys representing the Class Members think the settlement is best for all Class Members.
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To see if you will get money from this settlement, you first have to decide if you are a Class Member.
Clients of the Law Offices of Lucas who, on or after April 27, 2016, and before September 8, 2023: (a) entered into a funding agreement with, or sold an interest in their legal claims to, Momentum Funding, LLC; and/or (b) repaid Momentum Funding, LLC for funding previously obtained.
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If you are still not sure whether you are included, you can ask for free help. You can call Toll Free: (888) 814-6199 for more information.
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A Class will be certified for purposes of settlement and will be entitled to a total settlement fund of $3,165,000.00 plus the agreed reduction by Momentum Funding, LLC of the amounts due for certain Class Members that have not yet repaid Momentum.
Florin, Gray LLC will be approved as Class Counsel. Elizabeth Wilkosky will be approved as the Class Representative.
The settlement will establish a Settlement Fund in the amount of $3,165,000.00 consisting of funds received from or on behalf of the Defendants, which will be treated as a "common fund" or Qualified Settlement Fund. A Claims Administrator will distribute payments from the Settlement Fund after paying attorneys' fees and costs for Class Counsel, any Class Representative fees, and any costs of the Claims Administrator.
All pending lawsuits against The Law Offices of Lucas Magazine, LLC, James Magazine, Elizabeth Magazine, Momentum Funding, LLC, and Jeff Lucas relating to Momentum Funding, LLC will be dismissed, and any claims (asserted or unasserted) of Class Members against these Defendants (and certain directors and officers of the Defendants) relating to Momentum Funding, LLC will be released and class members will be prohibited by court order from filing any such claims in the future.
The Settlement requires that no class member requests exclusion, and the Court approves the Settlement Agreement.
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You will receive a pro rata share of the Settlement Fund based upon the difference between the amount of funding you received from Momentum less the amounts you repaid Momentum (the “Premium”). Class Counsel estimates that each class member will receive approximately 100% of the Premium he or she paid to Momentum.
If any assets remain in the Settlement Fund, after each class member has been paid 100% of the Premium paid to Momentum by him/her, the remaining funds shall be divided and distributed to the Class Members equally based on the number of Class Members.
An initial distribution estimated to be approximately 100% of the Premium paid by each Class Member will be made 35 days after the Settlement is approved and funded; a supplemental distribution may be made at a later time.
The personal injury lawsuits of some of the members of the Class have not yet been resolved. The Settlement Agreement provides for the creation of a reserve to fund payments to these class members after the amount of the Premium to be paid by these class members has been liquidated.
IF YOU HAVE QUESTIONS CONCERNING THE AMOUNT YOU WILL BE ENTITLED TO RECEIVE UNDER THE SETTLEMENNT, PLEASE CONTACT The Law Offices of Lucas Magazine Client Class Settlement, c/o Simpluris, Inc., P.O. Box 25226, Santa Ana, CA 92799-9834.
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To qualify for payment, you do not need to do anything.
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The Court will hold a hearing on July 25, 2024, at 2:00pm ET, to decide whether to approve the settlement. If Judge McEwen approves the settlement, and that order is not appealed, the settlement funds are required to be paid to the Qualified Settlement Fund within 35 days after the bankruptcy court’s order approving the settlement. It will take time to receive the money that will be available to pay the Class Members. Please be patient.
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UNLESS YOU EXCLUDE YOURSELF, YOU ARE STAYING IN THE CLASS, AND THAT MEANS THAT YOU CAN’T SUE, CONTINUE TO SUE, OR BE PART OF ANY OTHER LAWSUIT AGAINST THE LAW OFFICES OF LUCAS MAGAZINE, LLC, JAMES MAGAZINE, ELIZABETH MAGAZINE, MOMENTUM FUNDING, LLC, AND JEFF LUCAS ABOUT THE LEGAL ISSUES IN THIS CASE. IT ALSO MEANS THAT ALL OF THE COURT’S ORDERS WILL APPLY TO YOU AND LEGALLY BIND YOU.
If you don’t want a payment from this settlement, then you must take steps to get out. This is called excluding yourself—or is sometimes referred to as opting out of the settlement Class.
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To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from The Law Offices of Lucas Magazine Client Class (Case No. 8:24-ap-00194-CPM). Be sure to include your name, address, telephone number, and your signature. Your exclusion request must be received no later than July 8, 2024, by:
Clerk
United State Bankruptcy Court Middle District of Florida
801 North Florida Avenue
Tampa, FL 33602
If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit however you may be barred from pursuing your claims against some of the Defendants as a result of other orders the Court may enter.
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No. Unless you exclude yourself, you give up any right to sue The Law Offices of Lucas Magazine, LLC, James Magazine, Elizabeth Magazine, Momentum Funding, LLC, and Jeff Lucas for the claims that this settlement resolves. You must exclude yourself from this Class to continue your own lawsuit or claim. Remember, the exclusion deadline is July 8, 2024.
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No. If you exclude yourself, you cannot get money from this settlement.
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The law firm of Florin Gray LLC in Lutz Florida has been approved as Class Counsel and is representing you and other Class Members. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will ask the Court to approve payment of one third of the funds received by the Settlement Fund to them for attorneys' fees in addition to reimbursement of their costs and expenses. The fees and costs would pay Class Counsel for investigating the facts, litigating the case, negotiating the settlement, and reimbursing them for their expenses. Class Counsel is seeking fees and expenses of approximately $1,170,000.00 for their services in this case. Class Counsel will also ask the Court to approve payments of $20,000.00 to Elisabeth Wilkosky for her services as Class Representative.
The costs for administering the Settlement Fund will also be paid out of the Settlement Fund.
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You can tell the Court that you don’t agree with the settlement or some part of it.
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to The Law offices of Lucas Magazine Client Class Settlement (Case No. 8:24-ap-00194-CPM). Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Your objection must be received no later than July 8, 2024 by the following:
Clerk of Court
United States Bankruptcy Court for the Middle District of Florida
801 North Florida Avenue
Tampa, FL 33602
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Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.
The Court will hold a Fairness Hearing at 2:00pm ET on July 25, 2024, at the United States Bankruptcy Court for the Middle District of Florida, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue Tampa, Florida 33602 in Courtroom 8B. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge McEwen will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
Visitors must have a valid ID and must pass through a security screen before being granted entry to the courthouse. Electronic devices, including cellular phones, laptop computers, and electronic tablets are prohibited in most Federal Courthouses unless authorized by an Administrative Order.
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No. Class Counsel will answer questions Judge McEwen may have. But you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mail your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
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You may ask the Court for permission to speak at the Fairness Hearing.
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If you do nothing you will be bound by the terms of the settlement and you will release all claims you may have against The Law Offices of Lucas Magazine, LLC (now known as Lucas, Macyszyn & Dyer Law Firm), James Magazine, Elizabeth Magazine, Momentum Funding, LLC, and Jeff Lucas.
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The notice summarizes the proposed settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement by writing to The Law Offices of Lucas Magazine Client Class Settlement, c/o Simpluris, Inc., P.O. Box 25226, Santa Ana, CA 92799-9834.
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You can call toll free 1-888-814-6199 ; write to The Law Offices of Lucas Magazine Client Class Settlement, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799-9834 to get answers to common questions about the settlement plus other information to help you determine whether you are a Class Member whether you are eligible for a payment, and the estimate amount of the payment.
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