Hobby Lobby Settlement
Case No. 2:16-cv-837-JHE
Case No. 2:18-cv-01645-JHE

FL Settlement Frequently Asked Questions

 

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  • You received notice because you have responded to other notices or internet postings and determined that you may be a member of a Settlement Class consisting of certain customers of Hobby Lobby who purchased furniture at one of its Florida stores.

    As such, the Court has approved the Notice because you have a right to know about a proposed settlement of the class action lawsuit, and about all of your options, before the Court decides whether to approve the Settlement.

    This website explains the lawsuit, the Settlement, your legal rights, what benefits are currently available, who is eligible for them, and how to get them.

    The Court in charge of the case is the United States District Court for the Northern District of Alabama, Southern Division, the Hon. John H. England, III presiding, The case is known as Steven D. Marcrum, et al. v. Hobby Lobby Stores, Inc., Case No. 2:18-cv-01645-JHE. The people who sued are called the Plaintiffs, and Hobby Lobby is the Defendant.

  • Class Plaintiff alleges that Hobby Lobby did not give the right amount of savings when a customer bought furniture at a Hobby Lobby Store and used one of Hobby Lobby's 40% discount coupons.  Hobby Lobby, on the other hand, claims it acted in conformity with the law in all respects in connection with its practices regarding use of its 40% discount coupon. Specifically, Hobby Lobby asserts that it calculated the correct amount of savings when it allowed its customers to use a 40% discount coupon with a furniture purchase.  Hobby Lobby has denied, and continues to deny, any wrongdoing, as well as any and all allegations that Class Plaintiff or the Settlement Class Members have suffered any damage whatsoever, have been harmed in any way, or are entitled to any relief as a result of any conduct on the part of Hobby Lobby as alleged by Class Plaintiff in the Action.

    The Notice does not imply that there has been any finding of any violation of the law by Hobby Lobby or that recovery could be had in a certain amount. Although the Court has authorized Notice to be given of the proposed settlement, the Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the lawsuit. 

  • Class actions are lawsuits in which the claims and rights of many people are decided in a single court proceeding. Representative Plaintiffs ("Class Representatives") are named in the lawsuit to assert the claims of the entire class. This avoids the necessity for a large number of people to file similar individual lawsuits and enables the court system to resolve similar claims in an efficient and economical way. Class actions provide a vehicle whereby people with similar claims are treated alike. In a class action, the court is guardian of the class interests and supervises the prosecution of the class claims by Class Counsel to assure that the representation is adequate. Class members are not individually responsible for the costs or fees of counsel, which are subject to court award.

  • Settlement Class Counsel have investigated the facts and applicable law regarding the Class Representative's claims and Hobby Lobby's defenses. The parties have engaged in lengthy and "arms-length" negotiations in reaching this Settlement, and have employed the services of a highly-skilled professional mediator. The Class Plaintiff and Class Counsel believe that the proposed Settlement is fair, reasonable and adequate and in the best interests of the Class. Both sides agree that, by settling, Hobby Lobby is not admitting any liability or that it did anything wrong, but both sides want to avoid the uncertainties and substantial cost in time and money normally involved in litigation of this type. The Court has not yet decided this case in favor of the Class Representative or Hobby Lobby.

  • You are a part of the Settlement if you fall within the following class description:

    All persons or entities who purchased furniture at a Hobby Lobby store in Florida between the dates of June 4, 2014 and October 2, 2017, and in connection with that purchase, used a Hobby Lobby 40% coupon. These persons or entities will be referred to as "Settlement Class Members."

    Excluded from the Class are:

    Those persons or entities who (a) who had claims pending against Hobby Lobby before either a federal or state court as of the date of Preliminary Approval, where those claims related in any way to the Hobby Lobby 40% coupon; (b) who previously released all claims against Hobby Lobby; (c) who had previously settled any claims they pursued (or could have pursued) against Hobby Lobby, where the suits or claims were independent and unconnected to any Settlement Agreement reached in this case; or (d) who are Hobby Lobby agents or employees, or are family members of Hobby Lobby agents or employees, or who are otherwise affiliated with Hobby Lobby.

  • If you are still not sure whether you are included, you may contact Class Counsel at the address listed in FAQ 14 below. Please do not call or contact the Court.

  • If you determine that you are a member of the Class, you may receive benefits under the Settlement. At this particular time, the Settlement provides that Class Members may receive a cash payment of $14.

  • If you wish to receive benefits under the Settlement, you will need to file a Settlement Claim Form no later than December 18, 2021. A copy of the Claim form, along with instructions on how to complete and mail the Claim are available on the Important Documents page. If you prefer, you can complete the proof of claim form online. If your Settlement Claim is accepted, you will receive the benefits stated above. By receiving these benefits, you will be bound by any judgment entered in the case. For more information about the Settlement Benefits and how to claim them, please contact the Settlement Administrator, JND Legal Administration, by phone toll-free, at 1-833-667-1232 or by email at info@hobbylobbysettlement.com. If you change your address, you must mail a notification of your new address to the Settlement Administrator.

  • The Court held a hearing on August 5, 2021 and approved the Settlement. Once the Settlement is approved, there may be appeals. Any payments to Settlement Class Members will only be made after the Settlement is finally approved and after any appeal is resolved, if any are filed. Again, this may take many months to occur, so please be patient.

  • Upon the Court's final approval of the Settlement, the class members who did not exclude themselves will release and forever discharge Hobby Lobby, all of its predecessors in interest, successors in interest, and any of their parents, subsidiaries, divisions or affiliates, and their officers, directors, employees, trustees, principals, attorneys, agents, representatives, vendors, shareholders, partners, limited partners, as well as any person acting or purporting to act on their behalf, from any and all claims, demands, debts, liabilities, actions, causes of action, obligations, damages, losses, and costs, relating in any way to or arising out of Hobby Lobby's practices with respect to the use of its 40% discount coupon with furniture purchases in its Florida stores.

    On April 7, 2021, the Court entered a preliminary injunction barring and enjoining all Settlement Class Members from commencing or prosecuting any court actions asserting the settled claims, either directly, representatively, derivatively or in any other capacity, against Hobby Lobby, pending the final determination of whether this Settlement should be approved. In order to file your own separate action asserting any of the settled claims against Hobby Lobby, you must  have excluded yourself from the Settlement by July 6, 2021. The Released Claims are also described more fully in Paragraphs 13 and 14 of the Class Action Settlement Agreement, which may be found on the Important Documents page of this website.

  • The deadline for requesting exclusion from the Settlement Class (opting out) was July 6, 2021. If your request was not postmarked on or before July 6, 2021, your request for exclusion will be invalid, and you will be included in the Settlement Class automatically. If you did not request exclusion, you will be bound by the terms of the Settlement approved by the Court, including without limitation, the judgment ultimately rendered in the case.

  • No. Unless you excluded yourself, you give up any right to sue Hobby Lobby for the claims that this Settlement resolves. If you have a pending lawsuit against Hobby Lobby, speak to your lawyer in that case immediately.

  • No. If you excluded yourself, you are not part of the Settlement. If you want a recovery against Hobby Lobby, you will have to file your own lawsuit at your own expense.

  • The Court has conditionally appointed Steven D. Marcrum as Class Representative. The Court has appointed the following attorneys as "Settlement Class Counsel:"

    Brian M. Clark
    WIGGINS CHILDS PANTAZIS
      FISHER & GOLDFARB, LLC
    The Kress Building
    301 19th Street North
    Birmingham, Alabama 35203

    Allan L. Armstrong
    ARMSTRONG LAW CENTER, LLC
    The Berry Building
    2820 Columbiana Road
    Vestavia Hills, Alabama 35216

    Darrell Cartwright
    CARTWRIGHT LAW CENTER, LLC
    P.O. Box 383204
    Birmingham, Alabama 35238

    Collectively, those lawyers have over eighty (80) years of experience practicing law. Settlement Class Counsel represents the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney's fees.

  • Settlement Class Counsel will apply to the Court for an award of reasonable attorneys' fees and expenses. They are requesting Court approval of a total sum of $200,000 covering their attorneys' fees and expenses, plus $5,000 as an incentive payment to be made to the Class Plaintiff. Hobby Lobby has agreed to pay this amount if approved by the Court. You will not have to pay any attorneys' fees and expenses. If the Settlement is approved and you submit a valid Settlement Claim Form, your recovery will not be reduced by any award of attorneys' fees or expenses. The Court will ultimately decide the appropriate amount of any reimbursement of costs or any fee award to Settlement Class Counsel.

  • The deadline to object to the proposed Settlement was July 6, 2021. Any Settlement Class member who did not file and serve an objection by the deadline will not be permitted to raise that objection later.

  • 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 excluded yourself, you have no basis to object because the lawsuit no longer affects you.

  • The hearing to consider approval of the proposed Settlement was held on on August 5, 2021 at 10:00 a.m. and the Court approved the Settlement.

  • No. Class Counsel represented the Class at the hearing, but you could have come at your own expense. If you sent an objection, you didn't have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will have considered it. You may have also paid your own lawyer to attend, but it was not necessary.

  • The Fairness Hearing was held on August 5, 2021 and the Court approved the Settlement. You could not speak at the hearing if you excluded yourself.

  • For a more detailed statement of the matters involved in the lawsuits or the Settlement, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of the Court, United States District Court File: Steven D. Marcrum v. Hobby Lobby Stores, Inc., Case No: 2:18-cv-01645-JHE. The full Settlement Agreement and the pleadings filed in the case can be requested, in writing, from Class Counsel identified in FAQ 16 above. You can also review certain documents on the Important Documents page of this website.

  • You can write Class Counsel at the address provided in FAQ 16 above. Please do not contact the Court or Clerk's Office for further information about the Settlement.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Hobby Lobby Settlement
c/o JND Legal Administration
PO Box 91225
Seattle, WA 98111