FREQUENTLY ASKED QUESTION
BASIC INFORMATION
A Court authorized the Notice because you have a right to know about a proposed Settlement of these class actions, including the right to claim money, and about all of your options, before the Court decides whether to give “final approval” to the Settlement. If the Court approves the parties’ Settlement Agreement, and after any appeals are resolved, payments will be made to those who qualify and submit a valid claim. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for them, and how to get them.
Judge Eric A. Richardson in the State Court of Fulton County, Georgia, is overseeing these class actions. The cases are known as Atlanta Movers, LLC et al. v. Buckhead Parking, Civil Action No. 17EV005740, and Bowman v. Buckhead Parking, Civil Action No. 20EV001750. The people who sued are called the “Plaintiffs,” and the company they sued is called the “Defendant.”
The lawsuits claim that Buckhead Parking unlawfully booted vehicles from lots in Marietta, Georgia, Union City, Georgia, and outside Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna. Buckhead Parking has maintained that it lawfully and properly booted vehicles, and has denied all allegations that it acted wrongfully or unlawfully.
Booting is the method of attaching a devise to a wheel or tire of a parked vehicle to prohibit the vehicle’s movement or operation. The device is also known as a “boot.”
In a class action, one or more people called “Class Representatives” (in this case Atlanta Movers, LLC, Joseph Ellis, Gary Cockroft, Javon Houpe, Dalyn White, Jarvis Gissentanner, Michael Stewart, John Barker, Dale Bowman) sue on behalf of people who have similar claims. All these people are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
The Court did not decide in favor of the Plaintiffs or Buckhead Parking, and has not found that Buckhead Parking did anything wrong. Instead, both sides agreed to settle. That way, they avoid the cost of a trial and potentially an appeal, and the people who qualify will get compensation. The Class Representatives and their attorneys think the Settlement is best for all Class Members. The Settlement does not mean that Buckhead Parking did anything wrong, no trial has occurred, and no merits determinations have been made.
WHO IS IN THE SETTLEMENT
The Class includes everyone who owned a vehicle booted by Buckhead Parking, was in possession of a vehicle booted by Buckhead Parking, or paid for a boot to be removed by Buckhead Parking in Marietta, Georgia from November 14, 2014, through present; and/or in Union City, Georgia from February 9, 2012, through the present, or outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna January 25, 2014, through the present. Further information can be found at www.BootingClass Action.com. To qualify as a potential class member you must have been booted from a Non-Compliant Lot prior to the lot becoming compliant. Further, to qualify as a potential class member you must have been driving the vehicle that was booted and personally paid the booting fee.
You are not included in the Settlement if you (1) exclude yourself from this case; (2) were not booted by Bucking Parking in Marietta, Georgia from November 14, 2014, through present; Union City, Georgia from February 9, 2012, through the present, or outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna from January 25, 2014, through the present.
Additionally, Buckhead Parking, and all present or former officers, directors, employees, partners, principals, shareholders and/or agents of Buckhead Parking; any employees, officers, or directors of Buckhead Parking’s insurers; members of the judiciary and their staff to whom these lawsuits are assigned; Class Counsel and their immediate family; Buckhead Parking’s counsel of record and their immediate family; Buckhead Parking’s insurers’ counsel and their immediate family; and all Persons who make a timely election to be excluded from the Settlement Class are not included in the Settlement.
This series of questions may also help you determine if you are a Class Member. Please answer all of the questions in order.
| Question | Yes | No |
| Did you either 1) have a vehicle you were driving booted by Buckhead Parking; 2) have a vehicle you owned booted by Buckhead Parking; or 3) pay Buckhead Parking to have a boot removed from a vehicle? | Continue | You are not a Class Member. |
| Did the booting occur in Marietta, Georgia from November 14, 2014, through present; in Union City, Georgia from February 9, 2012, through the present; or outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna from January 25, 2014, through the present. | Continue | You are not a Class Member. |
| Was the address where the booting occurred in Marietta, Georgia, Union City, Georgia, or outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna. | You could be a Class Member. | You are not a Class Member. |
If you are not sure whether you are included in the Class, you should submit a Claim Form before December 26, 2024.
THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY
The Settlement will pay to compensate eligible Class Members for Buckhead Parking’s alleged unlawful booting of vehicles in Marietta, Georgia, Union, Georgia, and outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna.
To qualify for a payment you must have had your vehicle booted by Buckhead Parking in Marietta, Georgia from November 14, 2014, through present; Union City, Georgia from February 9, 2012, through the present, or outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna from January 25, 2014, through the present. You may qualify for a payment: if you were driving the vehicle that was booted even if you did not own it.
Payments to eligible Class Members will be no more than $400.00 per claim in Union City and outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna and/or $60.00 per claim in Marietta, and is subject to revision based on the amount of claims submitted. If the amount of claims submitted exceeds the subclass Settlement fund, the Settlement amount per class member will amount to the total number of submitted claims divided by the applicable subclass Settlement fund.
To ask for a payment, you must complete and timely submit a notarized[JH1] Claim Form. You can get a Claim Form HERE. You’ll need to attach any documents that you have showing that: you owned or drove a vehicle that was booted by Buckhead Parking during the class period, or that you paid to have a boot removed by Buckhead Parking; that the vehicle was booted in Marietta, Georgia from November 14, 2014, through present; Union City, Georgia from February 9, 2012, through the present, or outside of Atlanta, Decatur, Sandy Springs, Union City, Doraville, Hapeville, Morrow, Riverdale, and Smyrna from January 25, 2014, through the present.
See Section 3 of the Claim Form for more details on the required documentation. Please read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than, December 26, 2024:
Buckhead Parking Settlement
c/o Atticus Administration LLC
PO Box 64053
Saint Paul, MN 55164
The payments will be mailed to eligible Class Members who send in valid Claim Forms on time, after the Court grants “final approval” of the Settlement, any appeals are resolved, and the claims administration process described in paragraphs 53-55 of the Settlement Agreement is completed. If Judge Richardson approves the Settlement after a hearing on March 7, 2025 (see the section “The Court’s Settlement Final Approval Hearing” below), there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient.
There is a process in the Settlement to resolve disagreements between you and Buckhead Parking over whether you are eligible and how much money you should get. You will get further details in the letter you receive about your Settlement claim. The Settlement Agreement available HERE also provides more information.
Unless you exclude yourself, you are staying in the Class, and that means that you cannot individually sue Buckhead Parking over the claims settled in these cases. It also means all of the Court’s orders will apply to you and legally bind you. If you submit a Claim Form, or simply stay in the Class, you will agree to “release and discharge” Buckhead Parking as described in Section V of the Settlement Agreement. A complete copy of the Settlement Agreement can be obtained HERE. The Settlement Agreement specifically describes the released claims in necessarily accurate legal terminology. Talk to Class Counsel (See the section on “The Lawyers Representing You”) or your own lawyer if you have questions about the released claims or what they mean.
EXCLUDING YOURSELF FROM THE SETTLEMENT
To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from the Buckhead Parking Settlement. You must include the case number, your full name, address, telephone number, and your signature. You must also include a clear statement that you wish to be excluded from the Settlement class. You must mail your request for exclusion postmarked by February 5, 2025 to:
Buckhead Parking Settlement
c/o Atticus Administration LLC
PO Box 64053
Saint Paul, MN 55164
You cannot exclude yourself on the phone, by email, or on the website.
No. Unless you exclude yourself, you give up any right to individually sue Buckhead Parking for the claims this Settlement resolves. You must exclude yourself from this Class to individually sue Buckhead Parking over the claims resolved by this Settlement. Remember, the exclusion deadline is February 5, 2025.
No. If you exclude yourself, do not submit a Claim Form to ask for a payment.
THE LAWYERS REPRESENTING YOU
The Court appointed the Wetherington Law Firm, P.C. to represent you and other Class Members as “Class Counsel.” You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.
Class Counsel will ask the Court for up to $1,073,000 to cover attorneys’ fees and reimbursement of their expenses. Class Counsel will also ask that $45,000 be awarded to Class Representatives for representing the Class. Buckhead Parking has agreed not to oppose the request for fees and expenses up to the amount above. The Court may award less than this amount. Buckhead Parking will separately pay the fees and expenses the Court orders. These payments will not reduce the amount distributed to Class Members. Buckhead Parking will also separately pay the costs to administer the Settlement.
OBJECTING TO THE SETTLEMENT
If you don’t want the Court to approve the Settlement you must file a written objection in the case with the State Court of Fulton County, Georgia, and send a copy to the Administrator as noted below. You must include the name of the case, Buckhead Parking, your full name, address, telephone number, your signature, the specific reasons why you object to the Settlement, and a statement as to whether you intend to appear at the Settlement Final Approval Hearing in person or through counsel. If you do intend to appear at the Settlement Final Approval Hearing to object to the Settlement, you must also provide with your written objection a detailed statement of the specific legal and factual basis for each objection, a list of any witnesses you will call at the hearing with each witness’ address and summary of the witness’ testimony, a detailed description of all evidence you will offer at the hearing with copies of the exhibits attached, a list of the legal authority you will present at the hearing, and documentary proof of your membership in the Class. You or your lawyer may appear at the Settlement Final Approval Hearing if you have filed a written objection as provided above. (See the section on the “Court’s Settlement Final Approval Hearing” below). If you have a lawyer file an objection for you, he or she must follow all Georgia rules and you must list the attorney’s name, address, bar number and telephone number in the written objection filed with the Court.
| File the objection with the Clerk of the Court at the address below by February 5, 2025. Note: You may send it by mail, but it must be received and filed by the Clerk by this date: | Mail a copy of the objection to the Administrator at the following address so that it is postmarked by February 5, 2025: |
| Court | Settlement Administrator |
| State Court of Fulton County 185 Central Avenue, SW Atlanta, Georgia 30303 | Buckhead Parking Settlement c/o Atticus Administration LLC PO Box 64053 Saint Paul, MN 55164 |
Objecting is simply telling the Court 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 do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you object, and the Court approves the Settlement anyway, you will still be legally bound by the result.
THE COURT’S SETTLEMENT FINAL APPROVAL HEARING
The Court has scheduled a Settlement Final Approval Hearing at 10:00 a.m., on March 7, 2025 at the Fulton County Courthouse, Atlanta, Georgia. 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 Richardson may listen to people who have asked to speak about an objection according to Question 27, above. The Court may also decide how much to award Class Counsel as fees for representing the Class and whether and how much to award the Class Representative for representing the Class. At or after the hearing, the Court will decide whether to approve the Settlement. It is not known how long this decision will take.
If you filed a written objection, you or your lawyer acting on your behalf may attend the Settlement Final Approval Hearing, but you are not required to do so. Class Counsel will answer any questions Judge Richardson may have. But you are welcome to come at your own expense. You may also pay your own lawyer to attend, but it’s not necessary, unless you choose to have a lawyer appear on your behalf to object to the Settlement.
If you submitted a proper written objection to the Settlement, you or your lawyer acting on your behalf may speak at the Settlement Final Approval Hearing. You cannot speak at the Hearing if you exclude yourself.
IF YOU DO NOTHING
If you do nothing, you’ll get no payment from this Settlement. But, unless you exclude yourself, you won’t be able to individually sue Buckhead Parking for the claims resolved in this case.
GETTING MORE INFORMATION
The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement.