TO:

FROM:
The Honorable Chairman and Members of the
Board of County Commissioners
James L. Bennett, County Attorney ~
SUBJECT: Request to File a Motion to Exclude Pinellas County from
Proposed Class Action Settlement
DATE: April 8, 2008
RECOMMENDATION: I RECOMMEND THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE THE FILING OF A MOTION TO EXCLUDE PINELLAS
COUNTY FROM THE PROPOSED SETTLEMENT IN HIGH TIDE HARRY'S INC. V.
WASTE MANAGEMENT INC. OF FLORIDA, CASE NO.: 05-CA-009441, DIVISION 43,
COMPLEX BUSINESS LITIGATION COURT, CIRCUIT COURT FOR THE NINTH
JUDICIAL CIRCUIT, ORANGE COUNTY, FLORIDA.
DISCUSSION: A class action lawsuit has been filed against Waste Management Inc. of Florida,
and Pinellas County has been included by virtue of having contracted for commercial solid waste
collection services with Waste Management Inc. of Florida. Pinellas County's right to bring suit
individually will be preserved by excluding itself from the class action lawsuit. The lawsuit
claims that between January 1, 2001, and the time of the Court entering the Final Judgment,
Waste Management of Florida violated the Florida Deceptive and Unfair Trade Practices Act,
failed to act in accordance with the implied covenant of good faith and fair dealing, breached its
contract, and unlawfully charged and collected money from its Open-Market Commercial
Customers. Waste Management of Florida denies it did anything wrong and believes it would
have prevailed at trial.
Pinellas County bid for commercial solid waste collection services. It does not appear that
Waste Management of Florida violated any terms of its bid. Therefore, any settlement payment
to the County would be minimal. Participation in the settlement might prejudice Pinellas
County's ability to recover for any later discovered breaches of the bid.
JLB:JAM:mak
Attachment
J-I:\USERS\ATYKB05\WPDOCS\Board Memos\ Waste Management Inc. class action suit board memo.doc
MAOS
Return to Agenda Next Agenda Item
..
NOTICE OF CLASS ACTION SETTLEMENT
High Tide Harry's Inc. v. Waste Management Inc. of Florida
Case No.: 05-CA-009441
Division 43, Complex Business Litigation Court
Circuit Court for the Ninth Judicial Circuit, Orange County, Florida
THIS IS NOT A NOTICE OF A LAWSUIT AGAINST YOU. READ THIS
NOTICE CAREFULLY. YOUR LEGAL RIGHTS MAY BE AFFECTED.
There is a Proposed Settlement in a class action lawsuit that claims Waste Management Inc. of Florida
("WMF") violated the Florida Deceptive and Unfair Trade Practices Act, failed to act in accordance with the
implied covenant of good faith and fair dealing, breached its contract, and unlawfully received money from
commercial customers. WMF denies all of these allegations, but has agreed to the Proposed Settlement to
resolve this matter.
The Florida Deceptive and Unfair Trade PraCtices Act provides legal protection against wrongdoing for
consumers who are victims of deceptive and unfair business practices.
The Proposed Settlement resolves the above referenced lawsuit. It avoids costs and risks from continuing the
lawsuit; provides payment to persons who qualify; and releases WMF ofliability.
If you have received this Notice, you have been identified from WMF's records as an Open-Market
Commercial Customer
1
in Florida that had a Collection Service Agreement with WMF at any time during the
period from January 1, 2001 to the present.
The Proposed _Settlement will proVide for . ~ a c h Class Member that submits a timely claim pursuant to the
Proposed Settlement, and (l) who has nottimely opted out of the Settlement Class, (2) that is not qualified or
has not elected to participate in the Settlement Fund, and {3) that is confirmecl. l:!y the Settlement
Administrator to be a Class Member, to receive a discount of $25 on the first month's invoice of any new or
renewed Collection Service Agreement entered into with WMF.
The Proposed Settlement will further provide that each Class Member that received in excess of 5% annual
price increase during the term of a Collection Service Agreement with WMF after January 1, 2001 (excluding
increases contained in newly signed contracts or resulting from changes in service) shall be entitled to
participate in the monetary recovery from the $1,250,000 Settlement Fund, which shall be distributed on a
pro-rata basis in accordance with the cumulative amount paid by each Class Member for increases .exceeding
5% annually during the length of the contract(s) with WMF.
Court-approved lawyers for the Class Members will ask the Court to approve the Proposed Settlement,
including the payment of the lawyers' fees and expenses in the amount of $745,000. WMF has agreed to pay
those fees and expenses, over and above the moneys to be paid into the Settlement Fund described above.
The two sides disagree on (1) whether any class could have been certified under Florida Law, {2) if a class was
certified, whether the Class Members could have won at trial, and (3) if they had won at trial, what relief they
could have received.
Your legal rights are affected whether you act or don't act.
1
The term open-Market Commercial Customer is defined as WMF's customers that (1) are "commercial" in nature (i.e., are not individual residents or
other non-commercial entities), (2) entered into a Collection Service Agreement or CSA with WMF for the collection of their waste, and (3) are non-
franchised, i.e., are not subject, directly or indirectly, to a franchise agreement or other exclusive waste collection relationship that WMF may have with the
respective local municipality or governmental entity, such that the franchise agreement governs or otherwise affects WMF's contractual or pricing
relationship with that commercial customer.
Page 1
MAOS
This is the only way to receive a Settlement Benefit under the Proposed Settlement.
Online Claims can be submitted at www.WMFSettlement.com. Submission of a
claim will require entry of the Reference Number and Security Key assigned to you
which can be found on the cover letter that accompanied this Notice. This website
also contains additional information about the Settlement including a copy of this
Notice. You can also download a claim form and print it or write or call the Settlement
Administrator to receive one by mail if you do not have a computer with web access at:
Waste Management Inc. of Florida Settlement
c/o Complete Claim Solutions, LLC
P. 0. Box 24796
West Palm Beach, f'L 33416
Toll-Free: 1-877 -465-489R
You will not receive any Settlement Benefit under the Proposed Settlement. This is the
only option that allows you to bring a new, individual lawsuit against WMF about the
legal claims in this case.
Write to the Court about why you don't like the Proposed Settlement.
If you have filed a written objection with the Court, you may also ask to speak in Court
about the fairness of the Proposed Settlement.
You will not receive any payment and you will give up your right to sue.
BASIC INFORMATION
Why did I get this Notice?
If you received this Notice, WMF's records indicate that you are (or were) an Open-Market Commercial
Customer in Florida that had a Collection Service Agreement with WMF during the period between January 1,
2001 and the present. The Court has directed that you be sent this Notice because you have a right to know about
a Proposed Settlement of a class action lawsuit, before the Court decides whether to approve the Proposed
Settlement.
This notice package explains the lawsuit, the settlement, your legal rights, available benefits, who is eligible for
them, and how to get them.
The Court in charge of this case is the Honorable Frederick J. Lauten, Circuit Judge for the Ninth Judicial Circuit,
Orange County, Florida, at 425 N. Orange Avenue, Orlando, Florida 32801, and the full case name is High Tide
Harry's Inc. v. Waste Management Inc. of Florida, Case No.: 05-CA-009441, Division 43, Complex Business
Litigation Court. The company that filed the suit is called the Plaintiff and the company that is being sued is
called the Defendant.
What is this lawsuit about?
The lawsuit claimed that between January 1, 2001 and the time of the Court entering the Final Judgment, WMF
violated the Florida Deceptive and Unfair Trade Practices Act, failed to act in accordance with the implied
covenant of good faith and fair dealing, breached its contract, and unlawfully charged and collected money from
its Open-Market Commercial Customers. WMF denies it did anything wrong and believes it would have
prevailed at trial.
Page 2
MAOS
......
Why is this case a Class Action!
In a class action, one or more persons called Class Representatives (in this case the Class Representative is High
Tide Harry's Inc.) sue for all people who have similar claims. All these people are called a Class or Class Members.
The Court decides the issues for all Class Members, except for those who exclude themselves from the Class.
Why is there a Proposed Settlement?
The Court did not ultimately decide which side - Plaintiff or Defendant - was right or wrong in this case. There
was no trial. Both sides agreed to the Proposed Settlement to avoid the costs and risks of a trial. If there had been
a trial, the Plaintiff believes the Class Members may have gotten more if they won, but they also would have
received nothing if they lost. The Class Representative and attorneys believe that the Settlement is best for all
Class Members.
WHO IS IN THE PROPOSED SETTLEMENT
How do I know if I am a part of this Settlement?
Subject to Court approval, the parties in this case agreed to the certification of a Settlement Class, and agreed also
that the following persons would be Class Members: All Open-Market Commercial Customers in Florida that
entered into a Collection Service Agreement with Defendant from January 1, 2001 to the present, through and
including the date for entry of Final Judgment.
How do I know if I can get the Settlement Benefits!
You can receive the Settlement Benefit if you are a Class Member. If this Notice was addressed to you, then you
have been identified from WMF's records to be a Class Member and you can submit a Claim Form.
THE SETTLEMENT BENEFITS
What benefits does the Proposed Settlement provide!
All Class Members that submit a valid Claim Form are eligible to receive a discount of $25 on the first month's
invoice of any new or renewed Collection Service Agreement entered into with WMF, except those that are
qualified for and elect to participate in the Settlement Fund described below.
Settlement Fund: Class Members that received in excess of a 5% annual price increase during the term of a
Collection Service Agreement with WMF after January 1, 2001 (excluding those increases made in connection
with newly signed contracts or resulting from changes in service), may participate in the Settlement Fund of
$1,250,000, which shall be distributed on a pro-rata basis in accordance with the cumulative amount paid by each
Class Member for annual increases exceeding 5% in added cash dollars during the remaining period of that
contract with WMF.
2
In order to submit a Claim Form that seeks distribution from the Settlement Fund, you must certify the following:
(1) between January 1, 2001 and the present, you were an Open-Market Commercial Customer (as defined) with
WMF under a written Collection Service Agreement and, to your knowledge, received an annual price increase in
excess of 5% during the term of your contract; and (2) you did not receive notice of this price increase and/or did
not understand that you were consenting to portions of the increase by payment of your invoice or otherwise.
In some instances, qualified Class Members electing to participate in the Settlement Fund may be entitled on a
pro-rata basis to a payment ofless than $25 in added cash, in which case that Claim Form permits such customers
to alternatively elect to receive the $25 discount on a new or renewed Collection Service Agreement with WMF.
Class Members electing to participate in the Settlement Fund will not be eligible to receive the discount of $25 on
the first month's invoice of any new or renewed Collection Service Agreement.
How can I get the settlement payment if I qualify!
If you wish to participate in the Settlement Benefits then you must submit a Claim Form by the Claim Submission
Deadline, which is June 16, 2008. You may submit a Claim Form to the Settlement Administrator, Complete
Oaim Solutions, LLC, online by logging onto the following website address and clicking the link entitled "Submit
A Claim": www.WMFSett1ement.com. Submission of a claim will require entry of the Reference Number and
Security Key assigned to you which can be found on the cover letter that accompanied this Notice. If you do not
have internet access or would otherwise prefer to mail in a paper Claim Form, you can request a paper Claim
2
This determination of whether a Class Member's annual price increase exceeded 5% shall not include any rate adjustments attributable to the following
reasons: (1) those that are the result of a newly signed contract, (2) those that result from a change in service or a negotiated roll-back, or (3) those that
result from any 'automated" rate changes, such as the "fuel surcharge," which fluctuates on a monthly basis based on a third-party index.
Page 3
MAOS
Form by calling the Settlement Administrator at 1877M4654898.
3
Read the instructions carefully, fill out the
Claim Form (online or paper), and submit online or postmark by no later than June 16,2008.
When would I receive my payment?
The Court will hold a hearing on May 28, 2008 to decide whether to finally approve the Proposed Settlement. If
the Court does not approve the Proposed Settlement, then you may not receive any benefits. If the Court
approves the Proposed Settlement, there may be appeals. It's always uncertain whether appeals can be resolved,
and to do so takes time, perhaps more than a year. Once this Proposed Settlement becomes final and effective,
you will receive your payment.
What am I giving u,p to get the payment or stay in the Class?
Unless you exclude yourself, you are in the Class, which means you cannot bring a new lawsuit against WMF
about the legal issues in this lawsuit. It also means that the Court's order will apply to you and bind you even if
you have objected. If you sign the Claim Form or stay in the Class without signing the Claim Form, you will be
agreeing to release WMF from all legal claims that this Proposed Settlement resolves. For more details on the
terms of the Release, please see page 6 of this Notice of Class Action Settlement.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don't want the payment under the Proposed Settlement and don't want to stay in the Class, then you must
take action to get out. This is called excluding yourself from the Proposed Settlement or "opting out." Excluding
yourself is the only way you can keep the right to bring a new lawsuit against WMF or its successors, on your own,
about the legal issues resolved by this Proposed Settlement. If you don't exclude yourself, you will be in this
Proposed Settlement and will give up any right to sue for the claims that this Proposed Settlement resolves.
How do I exclude myself from this Proposed Settlement?
To exclude yourself from the Proposed Settlement, you must send a letter by mail saying that you want to be
excluded from High Tide Harry's Inc. v. Waste Management Inc. of Florida, Case No.: OSCA009441, Division 43,
Complex Business Litigation Court to the following address:
Settlement Administrator
Waste Management Inc. of Florida Settlement
c/o Complete Claim Solutions, LLC
P.O. Box 24796
West Palm Beach, FL 33416
Your exclusion request must be postmarked and/or received by the Settlement Administrator no later than April
15,2008.
If you request to be excluded, you will not get any payment from this Proposed Settlement, so do not send in a
Claim Form. Also, if you ask to be excluded, you cannot object to the Settlement. You will not be legally bound
by anything that happens in this lawsuit. You may be able to sue or continue to sue WMF in the future. If you
exclude yourself from the Proposed Settlement, your name will be listed in the Final Order regarding the
Proposed Settlement, which is a public document.
OBJECTING TO THE PROPOSED SETTLEMENT
You can tell the Court that you don't agree with all or some parts of the Proposed Settlement.
How do I tell the Court that I object to the Proposed Settlement?
If you are a Class Member, you can object to the Proposed Settlement and give reasons why you think the Court
should not approve it. You cannot object if you exclude yourself from the Class. To object, you must send a letter
saying that you object to the settlement in High Tide Harry's Inc. v. Waste Management Inc. of Florida, Case No.:
OSCA009441, Division 43, Complex Business Litigation Court. Be sure to include your name, address,
telephone number, signature and the reasons why you object to the settlement. You must also attach copies of any
documents on which you base your objection, and a statement of whether you or your lawyer will appear at the
Final Hearing to talk about your objections, and an estimate of the amount of time it will take to present your
objections at the Final Hearing. You must mail the objection to the following five places and it must be
postmarked and/or received by the Court no later than April IS, 2008 or your objection will not be valid and will
not be considered by the Court:
3
You can also download a paper Claim Form from the website listed in the text above.
Page4
MAOS
-
Court:
Clerk of Court
Ninth Judicial Circuit Court of Florida
425 N. Orange Avenue
Orlando, FL 32801
Settlement Administrator:
Waste Management Inc. of Florida Settlement
c/o Complete Claim Solutions, LLC
P.O. Box 24796
West Palm Beach, FL 33416
Plaintiffs Counsel:
John A. Yanchunis, Esq.
Jill Bowman, Esq.
James, Hoyer, Newcomer & Smiljanich, P.A.
One Urban Centre, Suite 550
4830 West Kennedy Boulevard
Tampa, FL 33609
Defendant's Counsel:
James G. Kress, Esq.
Walter M. Berger, Esq.
HowreyLLP
1299 Pennsylvania Avenue, NW
Washington, DC 20004
Charles Wachter, Esq.
Fowler White Boggs Banker, P.A.
P.O. Box 1438
Tampa, FL 33601
What's the difference between objecting and excluding myselfi
Objecting means that, while you remain a member of the Class, you wish to advise the Court that you don't like
something in the settlement and don't think it should be approved. Excluding yourself means telling the Court
you don't want to be part of the Class. If you exclude yourself, you cannot object.
THE LAWYERS REPRESENTING YOU
The Court has approved the request of the law firm James, Hoyer, Newcomer & Smiljanich, P.A. to represent you
and the other Class Members: John A. Yanchunis, Esq. and Jill Bowman, Esq. of James, Hoyer, Newcomer &
Smiljanich, P.A., One Urban Centre, Suite 550, 4830 West Kennedy Boulevard, Tampa, FL 33609. These lawyers
are called Plaintiffs Counsel. If you want to be represented by your own lawyer, you may hire one at your
expense.
How will the lawyers be paid!
In this Proposed Settlement, WMF has agreed to pay Plaintiffs Counsel attorneys' fees in the amount not to
exceed $745,000 which includes their reasonable expenses for their work on this case. WMF has also agreed to
pay Class Representative High Tide Harry's Inc. not more than $5,000 for its participation in the case on behalf of
all Class Members. Each of these payments must be approved by the Court. WMF has also agreed to pay certain
costs to administer this Proposed Settlement. These payments do not affect the Settlement Benefits available to
the Class, but will be paid in the amounts awarded by the Court separately by WMF.
THE COURT'S HEARING TO APPROVE THE SETTLEMENT
When and where will the Court hold its hearing?
The Court will hold a hearing to decide whether to fmally approve the Proposed Settlement. You may attend and
you may ask to speak at the hearing, but you don't have to. The Court will hold a hearing at 10:00 a.m. on May 28,
2008, at the Ninth Judicial Circuit Court of Florida, at 425 N. Orange Avenue, Orlando, Florida 32801. At the
hearing, the Court will consider whether the Proposed Settlement is fair, reasonable and adequate. If there are
objections that were received by the deadline, then the Court will consider them. The Court will also listen to
people who have asked to speak at the hearing. The Court will then decide whether to approve the Proposed
Settlement. The Court may make its decision at the end of the hearing or later. There may be appeals after that.
We do not know how long these decisions will take.
The Court may change the date of the final approval hearing without further notice to the Class.
Do I have to attend the hearim:?
No. The attorneys will answer any questions the Courthas. You may attend at your own t;xpense if you want. If
you send in an objection, you don't have to come to Court to discuss it. You may also pay your own lawyer to
attend or discuss your objections, but that is not necessary and would be at your own expense.
May I speak at the hearing!
If you have filed a written objection with the Court, you may also ask the Court to speak at the hearing. To do so,
you must send a letter saying that it is your "Notice of Intention to Appear in High Tide Harry's Inc. v. Waste
PageS
MAOS
' '

Management Inc. of Florida, Case No.: Division 43, Complex Business Litigation Court." Include ..
your name, address, telephone number and signature. Your Notice of Intention to Appear must be received by
the Court no later than May 15, 2008 and be sent to the Clerk of Court, Plaintiffs Counsel, and Defendant's
Counsel at their addresses above. You cannot speak at the hearing if you failed to file a written objection,
excluded yourself from the Settlement, or failed to timely send a Notice oflntention to Appear.
IF YOU DO NOTHING
What happens if I do nothing?
If you do nothing, you will not receive any payment from this Proposed Settlement. Unless you exclude yourself,
you won't be able to start a lawsuit, continue with a lawsuit or be a part of any lawsuit against WMF about the
legal issue in this lawsuit.
MORE INFORMATION
How can I get more information?
This Notice summarizes the Proposed Settlement. More details are in the Settlement Agreement filed with the
Court. You may examine the Court's file in the Clerk's Office at the Ninth Judicial Circuit Court of Florida,
Orange County, Clerk of Court, 425 N. Orange Avenue, Orlando, Florida 32801, for more complete information
about the details of the lawsuit and the Proposed Settlement. You may also call the Settlement Administrator,
Complete Claim Solutions, LLC, toll-free, at 1-877-465-4898, or email at info@WMFSettlement.com, or write the
Settlement Administrator at Waste Management Inc. of Florida Settlement, c/o Complete Claim Solutions, LLC,
P.O. Box 24796, West Palm Beach, FL 33416.
Dated: March 1, 2008 BY ORDER OF THE COURT
TERMS OF RELEASE
By failing to exclude myself from the Settlement, I understand that I, on my behalf and on behalf of my heirs,
successors, assigns and each of them, and on behalf of all persons on whose behalf I am acting, whether or not I
file a Timely and Documented Claim, by operation of this release and the judgment set forth in the Final Order
and Judgment, hereby do and shall be deemed to have fully, finally and forever released, settled, compromised,
relinquished, and discharged WMF, each and all of its predecessors, successors, parents, subsidiaries, acquired
companies, divisions, related or affiliated entities, and any entity in which any of them have a controlling interest,
and, for each and every of the above referenced entities, its past, present, and future directors, officers, employees,
agents, attorneys, insurers, co-insurers, reinsurers, and each and all of their respective heirs, executors,
administrators, predecessors, assigns, and legal representatives (the foregoing, collectively, the "Released
Persons"), of and from any and all causes of action, claims for damages, equitable, legal and administrative relief,
interest, penalties, fees, costs, offsets, demands, losses, liabilities or rights, whether based on federal, state, or local
statute or ordinance, regulation, contract, common law or any other source (including Unknown Claims), known
or unknown, whether or not concealed or hidden, including without limitation, claims for violation of the Florida
Deceptive and Unfair Trade Practices Act, sections 501.201-501.213 of the Florida Statutes, failure to act in
accordance with the implied covenant of good faith and fair dealing, breach of contract, unfulfilled promise,
breach of warranty or fiduciary duty, conspiracy, claims for injunctive or declaratory relief, and claims for
violation of any other state or federal statutes, rules or regulations, including, without limitation, any common law
or statutory claims for unlawful, unconscionable, unfair, deceptive or fraudulent business act or practice arising
out of, based upon, or related to the facts, transactions, events, occurrences, acts, practices or omissions which
were alleged, or could have been alleged, in the Case No.: 05-CA-009441, Division 43, Complex Business
Litigation Court (the "Litigation"), including, but not limited to, those arising out of any of the following: WMF's
pricing practices for its Open-Market Commercial Customers during the Class Period, including, but not limited
to, the methods of establishing its prices or price adjustments, its method or means of providing notice, and
obtaining consent under the terms of its respective Collection Service Agreements; any claim or allegation that
WMF's pricing, contracting, or customer notification practices for its Open-Market Commercial Customers
during the Class Period were misleading, deceptive, unlawful, not in compliance with the terms with its Customer
Service Agreements, or otherwise improper or actionable (the foregoing, collectively, the "Released Claims"). I
understand that I will be forever barred and enjoined from instituting or further prosecuting, in any forum
whatsoever, including any state, foreign or federal court, each and every Settled Claim. I understand and am
aware that I may hereafter discover facts in addition to or different from those which I know or believe to be true
with respect to the subject matter of this Release, but it is my intention to, and I do hereby fully, finally and forever
settle and release the Released Persons from any and all Released Claims.
Page 6
MAOS