Schwartz v. Destination Maternity Corporation
HomeCase DocumentsFrequently Asked QuestionsContact Us

Frequently Asked Questions


  1. What is the purpose of the Notice?
  2. What is the case about?
  3. What will class members receive?
  4. What do I need to do to receive a Certificate?
  5. How do I exclude myself from the Settlement?
  6. How do I object to the Settlement?
  7. When and where is the Final Approval Hearing?
  8. How do I obtain more information?

 



  1. What is the purpose of the Notice?

    The United States District Court for the Central District of California (the “Court”) authorized the notice (the “Notice”). 

    A settlement was given preliminary approval (the “Settlement”) in a class action lawsuit pending in the Court entitled Alana Schwartz, et al. v. Destination Maternity Corporation, et al., Civil Action No. 2:14-CV-01477-GHK-FFM (the “Action”), involving Destination Maternity Corporation (“Defendant” or “Destination”). 

    The purpose of the Notice is to provide a summary of the claims asserted and the terms of the Settlement.  This Notice advises potential class members of the benefits that may be available to them under the proposed Settlement and their rights and options as a potential Class Member and notifies them that a court hearing will be held to approve the Settlement.

    If you received a Notice and wish to be included in the proposed Settlement, you do not have to do anything to indicate your consent. 

    Top

  2. What is the case about?

    The Settlement will resolve the Action involving plaintiff Alana Schwartz’s (“Plaintiff”) claims that Destination violated California law by requesting and recording personal identification information in conjunction with or during in-store credit card purchase transactions. 

    Destination denies that it has done anything wrong and denies that any Class Member has been injured or suffered damages. 

    After analyzing the claims and defenses in this Action, and taking into account the risks and uncertainty inherent in a trial and appeals relating to the Action, the parties have concluded that it is in their respective best interests to settle the Action on the terms summarized in the Notice.  The Court did not decide which side was right, but both sides agreed to the Settlement.

    The Settlement was reached through lengthy arms-length negotiations between the parties and with the assistance of a neutral mediator, The Honorable Edward A. Infante (Ret.). 

    The Honorable George H. King, Central District of California Chief Judge, has determined that the Action should proceed as a class action, for purposes of Settlement only, with Plaintiff as the representative of the Class, and Chief Judge King granted preliminary approval of the Settlement, subject to a final fairness hearing discussed below.

    Top

  3. What will class members receive?

    All Class Members who do not opt out of the proposed Settlement shall automatically receive by email or U.S. Mail a Twenty-five Dollar ($25.00) certificate (“Certificate”) to be used at any Destination California standalone retail store that is owned and operated by Destination, namely, Destination Maternity, A Pea in the Pod, and Motherhood Maternity, subject to certain terms and conditions.

    Top

  4. What do I need to do to receive a Certificate?

    If you are a Class Member, and you do not opt out of the Class, you do not need to do anything to receive this benefit. 

    Top

  5. How do I exclude myself from the Settlement?

    You have the right to exclude yourself from the Settlement.  If you wish to be excluded, you must submit a letter or postcard postmarked no later than September 28, 2015, with the case name, your name, address, and telephone number, along with the statement “I wish to be excluded from the Settlement in this Action.”  TO BE CONSIDERED VALID, A REQUEST FOR EXCLUSION MUST SET FORTH ALL OF THIS INFORMATION AND MUST BE TIMELY RECEIVED.  Your request must be sent to the Settlement Claims Administrator at the below address:

    Destination Maternity Settlement Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 6002

    Larkspur, CA 94977-6002

    If you timely and validly request exclusion from the Class, you will be excluded from the Class; you will not receive any benefits from the Settlement; you will not be bound by the judgment entered in the Action; and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Destination based on the transactions complained of in the Action.  If you do not wish to exclude yourself, and have no objection to the Settlement, you will get the benefits of the Settlement if the Settlement is approved.

    Top

  6. How do I object to the Settlement?

    If you object to the Settlement, you may intervene in the Action and/or object to the terms of the Settlement, including Plaintiff’s incentive award or Class Counsel’s award for fees and costs, under the procedures set forth below.  If your objection is rejected, you will be bound by the final judgment in the same manner as if you had not objected. 

    If you object to the Settlement, you may appear at the hearing scheduled on December 7, 2015, to show cause why the Settlement should not be approved by the Court, provided that you have filed with the Court a written notice of your intention to appear, all supporting papers, and a statement under penalty of perjury that you are in fact a member of the Class. 

    If you decide to appear and object, you (or your attorney if you retain one at your own cost) must file and serve your notice of appearance and/or objection with the Court, and upon counsel for all of the parties, all of which must be postmarked by September 28, 2015, 2015.  If you intend to present evidence at the hearing, you must include with your notification a list identifying the witnesses who you may call to testify and true copies of any exhibits you intend to offer.  You must serve all such notice and papers upon Class Counsel and Destination’s counsel at the following addresses:

    Class Counsel Destination’s Counsel

    James T Ryan, Esq.

    James T. Ryan, PC

    1110 Glenville Drive #307

    Los Angeles, California 90035

    Molly M. Lane, Esq.

    Morgan, Lewis & Bockius LLC

    One Market Plaza

    Spear Street Tower

    San Francisco, CA 94105

    Kenneth A. Goldman, Esq.

    Law Office of Kenneth A. Goldman, PC

    15300 Ventura Boulevard, Suite 207

    Sherman Oaks, California 91403

    The mailing address for the United States District Court for the Central District of California is:

    Edward R. Roybal Federal Building and United States

    255 East Temple Street

    Los Angeles, California, 90012-3332

    CLASS MEMBERS WHO DO NOT TIMELY MAKE THEIR OBJECTIONS IN THE ABOVE MANNER WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND SHALL NOT BE ENTITLED TO BE HEARD AT THE SETTLEMENT APPROVAL HEARINGS. 

    Top

  7. When and where is the Final Approval Hearing?

    A final hearing will be held before Chief Judge King on December 7, 2015, at 9:30 a.m., to determine whether the proposed Settlement is fair, reasonable and adequate and should be finally approved by the Court.  The hearing will take place in Courtroom 650 of the Edward R. Roybal Federal Building and United States Courthouse, located at 255 East Temple Street, Los Angeles, CA 90012.  You are not required to attend the hearing in order to participate in the Settlement.

    Top

  8. How do I obtain more information?

    The above description of the Action is general in nature.  To see the complete file you may visit the Clerk of the Court, 255 East Temple Street, Los Angeles, CA 90012.  The Clerk will make the lawsuit’s file available for inspection and copying at your own expense.

    If you have further questions regarding this lawsuit you may contact the Settlement Claims Administrator by phone at 888-283-7383, by email at info@DestinationMaternitySettlement.com, or you may write to:

    Destination Maternity Settlement Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 6002

    Larkspur, CA 94977-6002

    DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, TO THE JUDGE, OR TO COUNSEL FOR DESTINATION.  They are not permitted to answer your questions.

    Top