Frequently Asked Questions

  1. Why is this a class action?
  2. Why is there a settlement?
  3. How do I know if I am part of the settlement?
  4. I'm still not sure if I am included.
  5. What does the settlement provide?
  6. How can I get a Settlement Payment?
  7. When would I get my Settlement Payment?
  8. What am I giving up to get a Settlement Payment or stay in the Class?
  9. Can I exclude myself from the Class?
  10. If I didn't exclude myself, can I sue Michaels for the same thing later?
  11. If I excluded myself, can I get a Settlement Payment from this settlement?
  12. Do I have a lawyer in this case?
  13. How will these lawyers be paid?
  14. How can I object?
  15. What's the difference between objecting and excluding?
  16. When and where will the Court decide whether to approve the settlement?
  17. Do I have to come to the Hearing?
  18. May I speak at the Hearing?
  19. What happens if I do nothing at all?
  20. How do I get more information?

1. Why is this a class action?

In a class action, one or more people called Class Representatives (in this case, William J. Henry) 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. Lake County Common Pleas Judge John O'Donnell is in charge of this class action. The Court has preliminarily certified this lawsuit to proceed as a class action for the purposes of the proposed settlement only; if the settlement is ultimately not approved, and if the lawsuit goes forward toward trial, Michaels will oppose class certification.

2. Why is there a settlement?

The Court did not decide in favor of Plaintiff or Michaels. The Plaintiff thinks that he could have prevailed at a trial. Michaels thinks that Michaels would have prevailed at trial. But there was no trial. Instead, both sides agreed to a settlement. That way, they avoid the cost and uncertainties of a trial. The Class Representative and his attorneys think the settlement is best for all Class Members.

3. How do I know if I am part of the settlement?

The Court decided that everyone who fits this description is a Class Member:

All persons who purchased custom framing products and/or services from one of Defendant's stores in Ohio between January 1, 2009 and October 7, 2011, during a week where Defendant was advertising or promoting a discount for custom framing products and/or services.

4. I'm still not sure if I am included.

If you are still not sure whether you are included, you can ask for free help. You can call the claims administrator, at 1-877-651-4176 or email at Info@MichaelsOhioFramingSettlement.com.

5. What does the settlement provide?

Class members who did not opt out of this action are entitled to be able to claim and receive a redeemable Settlement Payment in the form of a $32.50 cash-value certificate that can be used at any Michaels store in Ohio, subject to certain terms and conditions. You can request this Cash-Value Certificate by visiting the Request a Cash-Value Certificate page of this website. If you wish to request the Cash-Value Certificate by phone, call 1-877-651-4176.

The settlement also imposes certain other requirements, which are set forth in detail in the Settlement Agreement.

6. How can I get a Settlement Payment?

Visit the Request a Cash-Value Certificate page of this website.

If you wish to request the Cash-Value Certificate by phone, call 1-877-651-4176.

7. When would I get my Settlement Payment?

Once your request for the Cash-Value Certificate is received, it will be mailed within one week. If you do not receive your Cash-Value Certificate within two to three weeks, please contact the administrator at info@MichaelsOhioFramingSettlement.com.

8. What am I giving up to get a Settlement Payment or stay in the Class?

Unless you excluded yourself, you are staying in the class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Michaels 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.

9. Can I exclude myself from the Class?

The deadline to exclude yourself from the Class was March 2, 2015. If you did not submit a request for exclusion with a postmark on or before that date, you will remain part of the Class and are bound by the terms of the settlement.

10. If I didn't exclude myself, can I sue Michaels for the same thing later?

No. Unless you excluded yourself, you give up any right to sue Michaels for the claims that this settlement resolves. If you have a pending lawsuit, involving the same claims that this settlement resolves, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. If you have a pending lawsuit on matters not addressed in this settlement, you may continue that lawsuit against Michaels.

11. If I excluded myself, can I get a Settlement Payment from this settlement?

No. If you excluded yourself, you will not receive any further information regarding obtaining a Settlement Payment.

12. Do I have a lawyer in this case?

The Court asked the law firm of Dworken & Bernstein Co., L.P.A. to represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

13. How will these lawyers be paid?

Class counsel will ask the Court to approve payment of attorneys' fees and expenses not to exceed the amount of $990,000.00. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. In addition, class counsel will ask for payment of $10,000.00 to William J. Henry for his services as Class Representative. Michaels will separately pay the fees, expenses, and payments that the Court awards. Michaels has agreed not to oppose these fees and expenses. Michaels will also pay for all administrative fees and costs in administering the settlement.

14. How can I object?

The deadline to object was March 2, 2015. It is too late to file an objection.

15. What's the difference between objecting and excluding?

Objecting is simply telling the Court that you do not like something about this matter. 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.

16. When and where will the Court decide whether to approve the settlement?

The Court held a hearing on March 26, 2015. The settlement received final approval.

17. Do I have to come to the Hearing?

The hearing occurred on March 26, 2015. It is too late to attend the hearing.

18. May I speak at the Hearing?

The hearing occurred on March 26, 2015. It is too late to speak at the hearing.

19. What happens if I do nothing at all?

If you do nothing, You will not receive a Settlement Payment and you will be bound by the terms of the Settlement.

20. How do I get more information?

The foregoing is only a summary of the circumstances surrounding the litigation, the claims asserted, the class, the settlement, and related matters. You may seek the advice and guidance of your own private attorney, at your own expense, if you desire. For more detailed information, you may review the pleadings, records, and other papers on file in this litigation, which may be inspected during regular business hours at the Court, 47 North Park Place, Painesville, Ohio 44077.

If you wish to communicate with Class Counsel identified above, you may do so by writing to Nicole Fiorelli, Esq., Dworken & Bernstein Co., L.P.A., 60 South Park Place, Painesville, Ohio 44077. Alternatively, you may call the offices of Dworken & Bernstein Co., L.P.A. at its toll free number, 1 877-833-6370, and ask to speak with Attorney Fiorelli.

If you have further questions, please do not call the Court or the Clerk of the Court about this case. Also, please do not contact your local Michaels retail store about this case. As described above, you should contact your own attorney or direct your inquiries to Class Counsel.