SHAKIA BROWN, TIERRA BYRD, and HARLOW HAAS v. LOHMAN PROPERTY MANAGEMENT COMPANY, LLC, AND EAGLE GARDENS OF JACKSONVILLE, LLC

Case No. 16-2018-CA-008274 in the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida

Frequently Asked Questions

  1. Am I a class member?

    1. If you received Notice, it's because you have been identified through the records of the Manager or Landlord as a tenant during the class period and a member of a proposed Settlement Class in a class action lawsuit filed against LOHMAN Defendants, as the manager/owner of the properties (“Landlord”).

      The Settlement Class is defined as:

      All persons in the State of Florida who entered into a Lease Agreement with Defendants in substantially the form of Exhibit A to the Second Amended Complaint, for tenancies at any of the thirteen (13) properties owned and/or managed by Defendants and who had any portion of their security deposit retained after move out.
  2. How do I update my address?

    1. The easiest way to update your address is here on this website using the Update Adress page.

      You can also mail a letter to:

      Brown v. Lohman Property
      c/o/ Settlement Administrator
      PO Box 23459
      Jacksonville, FL  32241-3459

      Or send an email to [email protected] requesting an address change with your Notice ID, name, old address, and current address.
  3. How do I update the name on the Notice?

    1. Change of Name due to Marital Status

      A copy of your marriage license, divorce decree or court order is required for a name change.

      You can submit the required documents by mail to:

      Brown v. Lohman Property
      c/o/ Settlement Administrator
      PO Box 23459
      Jacksonville, FL  32241-3459

      Or submit the require documents by email to [email protected].

       

      Change of Name due to a Deceased Class Member

      Two documents are required for a name change due to a deceased payee. They are: 1) A Copy of the death certificate, and 2) Documentation showing that the new payee is the legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received. We may reach out to you with additional questions, if necessary.

      You can submit the required documents by mail to:

      Brown v. Lohman Property
      c/o/ Settlement Administrator
      PO Box 23459
      Jacksonville, FL  32241-3459

      Or submit the require documents by email to [email protected].
  4. What will I receive if I do not Exclude myself?

    1. For all class members who do not opt out of the settlement, LOHMAN will provide a settlement payment equal to 70% of each class member’s Security Deposit that was retained by Defendants. For example, if you paid a $1,000 Security Deposit, your Settlement Payment would be $700. There are approximately $650,000.00 in security deposits that will be refunded to class members.

      Defendants have also agreed to release and forego the collection of any amounts that the Landlord Defendants contend that class members still owe for alleged damage to the apartments or any other fees imposed by the Landlord after the apartment was vacated (including past due rent, damage done to the unit, late fees, pet fees, cleaning fees, etc.). There are approximately $6 Million worth of amounts allegedly due to the Landlord Defendants that will be terminated under this settlement.

      There is no claim process for receiving a settlement payment. If you do not opt out of this settlement and you received this notice, a settlement payment will automatically be mailed to you at the same address if and when the Court grants Final Approval.
  5. How do I Opt-Out of the Settlement?

    1. If you wish to be excluded from the class, and receive no settlement benefits, you must send a written Request for Exclusion to:

      Brown v. Lohman Property
      c/o Settlement Administrator
      PO Box 23459, Jacksonville, FL 32241-3459

      You request must be postmarked no later than August 13, 2023, stating your name, address, and the statement: “Requests exclusion from the class in Brown v. Lohman Property Mgmt. Co., LLC, et al., Case No. 2018-CA-008274.” Requests for Exclusion must be signed and postmarked by August 13, 2023. Requesting exclusion from the class removes your ability to receive the benefits of the settlement set forth above, but preserves any legal claims you may have against the landlord or manager of the apartment. EXCLUSION REQUESTS MUST BE POSTMARKED NO LATER THAN AUGUST 13, 2023.
  6. How do I Object to the Settlement?

    1. As a settlement class member, you have the right to appear at the Final Fairness Hearing to oppose the fairness of the settlement, provided that you send a written Notice of Objection to Class Counsel:

      Brian W. Warwick
      Varnell & Warwick, P.A.
      1101 E. Cumberland Ave. Suite 201H #105
      Tampa, Florida 33602

      and Defense Counsel:

      Grier Wells
      Gray Robinson, P.A.
      50 North Laura Street, Suite 1100
      Jacksonville, Florida 32202.

      Your written objection must include: (a) a notice of intent to appear; (b) a detailed statement of each objection asserted; (c) the grounds for each objection; (d) any documents and writings which you want the Court to consider; and (e) a list of witnesses you intend to call, if any. OBJECTIONS MUST BE POSTMARKED NO LATER THAN AUGUST 13, 2023.
  7. When will the Court decide if the Settlement is approved?

    1. The Court will hold a Final Fairness Hearing on August 23, 2023 at 2:00 p.m. before the Honorable G.L. Feltel, Jr., Duval County Courthouse, 501 West Adams Street, Room 712, Jacksonville, FL 32202, to determine whether the proposed settlement is fair, reasonable and adequate. YOU ARE NOT REQUIRED TO ATTEND IN ORDER TO RECEVE A SETTLEMENT PAYMENT, BUT YOU MAY ATTEND IF YOU WISH.
  8. How do I get more information?

    1. You may view the full Settlement Agreement, Complaint and other relevant documents on the Important Court Documents page.