Ayala v. Valley First Credit Union
IF YOU HAVE APPLIED OR ATTEMPTED TO APPLY FOR MEMBERSHIP WITH VALLEY FIRST CREDIT UNION (“DEFENDANT”) AND YOUR APPLICATION FOR MEMBERSHIP WAS DENIED SINCE JANUARY 1, 2020, THEN YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT
You may be a member of the settlement class in Ayala v. Valley First Credit Union, Case No. 1:22-CV-00657-HBK, in which the plaintiff alleges that defendant Valley First Credit Union (“Defendant”) violated the federal and California state civil rights acts because it had a policy of denying membership to applicants who are not United States citizens or Lawful Permanent Residents. Valley First denies the plaintiff’s claims but has decided to settle to avoid the time and expense of litigation. If you are a Class Member and if the Settlement is approved, you may be entitled to receive a check in the amount of $2,500 from a total settlement fund of $120,000.
The Court has preliminarily approved this settlement. It will hold a Final Approval Hearing in this case on March 7, 2024. At that hearing, the Court will consider the following: (1) whether to grant final approval of the settlement; (2) whether to approve Class Counsel’s request for attorneys’ fees, estimated to be less than $50,000, and estimated costs of $500; (3) whether to approve a $5,000.00 service award for the Named Plaintiff; and (4) whether to approve the cost of and administrator to implement the settlement, which are estimated to be $10,000. All fees and costs are being paid by Valley First in addition to the total settlement fund. Valley First has agreed not oppose Class Counsel’s request for attorneys’ fees up to $50,000.
If you are a Class Member and do not want to participate in this settlement—meaning you do not want to receive a check payment—you may exclude yourself by submitting an opt-out request postmarked no later than January 18, 2024. If you do not opt out and the Court grants final approval of the settlement, then you will receive a check in the amount of $2,500 but you will release any claims that you may have against Defendant that are alleged in the Complaint in this case.
If you want to object to this settlement, or any part of it, because you think it is not fair, adequate, or reasonable, you may object by submitting an objection postmarked no later than January 18, 2024. If you are a Class Member and your objection is overruled, then you will receive a check for $2,500 and you will release any claims you have against Defendant that are alleged in the Complaint in this case.
SUMMARY OF YOUR OPTIONS AND THE LEGAL EFFECT OF EACH OPTION
| ACTION | EXPLANATION |
DO NOTHING |
If you don’t do anything, you will receive a payment from the Settlement Fund so long as you do not opt out of or exclude yourself from the settlement (described in the next box). If you do not opt out of or exclude yourself from the settlement, you will release any claims against Defendant relating to the challenged practice. |
EXCLUDE YOURSELF FROM THE SETTLEMENT; RECEIVE NO PAYMENT BUT RELEASE NO CLAIMS |
You can choose to exclude yourself from the settlement or "opt out." This means you choose not to participate in the settlement. You will keep your individual claims against Defendant but you will not receive a payment. If you exclude yourself from the settlement but want to recover against Defendant, you will have to file a separate lawsuit or claim. |
OBJECT TO THE SETTLEMENT |
You can file an objection with the Court explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, then you will receive a payment and you will not be able to sue Defendant for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved. |