District Court of New Jersey Orlando S. Ramirez and Eddie Bukzam v. Epana Networks, Inc., Civil Action No.: 08-4040(PGS)(ES)



Jun 17, 2010, 06:00 ET from Epana Networks, Inc.

NEW YORK, June 17 /PRNewswire/ --

  1. Plaintiffs Orlando S. Ramirez and Eddie Bukzam ("Plaintiffs") have reached a settlement of their lawsuit against Epana Networks, Inc. (hereinafter "Epana") on behalf of everyone who purchased a prepaid calling card from Epana anywhere in the United States and who has not previously returned that calling card for a cash refund or a store credit (the "Settlement Class"). The purpose of this notice is to inform you of the terms of the proposed settlement and the benefits available to you under the settlement, to inform you how this lawsuit and the settlement may affect your legal rights, and the steps that you must take if you want to receive benefits under the settlement, which includes submitting a claim form.
  2. Plaintiffs filed the lawsuit alleging that Epana distributed or sold prepaid calling cards without fully disclosing the applicable rates and charges. Epana denies Plaintiffs' claims, has asserted numerous defenses, and has vigorously defended the lawsuit. The Court has made no determinations about the correctness or validity of any of the Plaintiffs' contentions or any of Epana's defenses.
  3. The Court has preliminarily approved a settlement agreement providing the following benefit for each Settlement Class member who chooses to remain in the Settlement Class and participate in the settlement: (A) Epana will provide the Settlement Class Member with a PIN with a total value of $0.50 for domestic calls at the rate of $0.10 (10 cents) per minute and international calls to specific countries at $0.125 (12.5 cents) per minute ("Refund PIN") for each eligible used calling card PIN submitted by a Settlement Class member. Refund PINs are non-transferable and must be used within twelve (12) months after the date they are issued to the participating member of the Settlement Class. (B) To get your Refund PIN, you must contact the administrator listed below, obtain the required claim form, and submit that properly completed and signed claim form to the administrator, postmarked no later than April 19, 2011. (C) If you do not exclude yourself from the Settlement Class as described below ("opt out"), you will be deemed to have fully and finally waived and released Epana from any and all claims asserted or that could have been asserted in the action, and all claims, before any court or similar body against Epana, its parents, subsidiaries, affiliates, predecessors, successors, general and limited partners, and/or any of Epana's past, present, or future officers, directors, shareholders, employees, insurers, consultants. Without limiting the scope of this release, the release covers any and all claims for attorneys' fees, costs or disbursements incurred by class counsel or any other counsel representing the Plaintiff or Settlement Class Members, or any of them, in connection with or related in any manner to the action, the settlement of the action, or the administration of the settlement, except to the extent otherwise specified in the settlement agreement. Nothing in this release shall preclude any action to enforce the terms of the settlement agreement, including participation in any of the processes detailed therein. The Settlement Agreement also provides for additional relief to the public. If you would like to obtain a complete copy of the Settlement Agreement, please contact Class Counsel, or you may review it at www.epanasettlement.com or www.freedweiss.com.
  4. Attorneys for the Settlement Class ("Class Counsel") are: James E. Cecchi, Carella, Byrne, Cecchi, Olstein, Brody & Agnello, 5 Becker Farm Road, Roseland, New Jersey 07068, as well as others listed in the Settlement Agreement. If you choose not to opt out, your interests will be represented by Plaintiffs through Class Counsel. If you wish to exclude yourself or "opt out" of the settlement, you must file a written request to opt out of the Settlement with the Settlement Administrator before August 11, 2010. The opt-out request must (a) refer to the "Epana Settlement"; (b) (b) identify the name and address of the potential Settlement Class Member who is opting out and state that he/she wishes to be excluded from the Settlement Class; and (c) state that you are authorized to opt out of the Settlement Class. If you opt out, you will not be bound by the Court's order approving the settlement and judgment, you will not be entitled to receive any benefit or monetary relief under this settlement and you will not waive or release any claims asserted in the lawsuit.
  5. The settlement will not take effect unless and until: (A) it is finally approved by the Court after the Final Fairness Hearing and a Final Order and Judgment has been entered by the Court, and (1) the applicable period for the appeal of the Final Order and Judgment has expired without any appeals having been filed, or (2) all such appeals have been dismissed; or (B) the Third Circuit Court of Appeals has entered a final judgment affirming the Final Order and Judgment of the Court, which (1) is no longer subject to any further appellate challenge, or (2) has been affirmed by the Supreme Court. If the settlement receives final judicial approval, it will result in a release by the Plaintiff and all participating members of the Settlement Class of all claims as described above.
  6. Any member of the Settlement Class has the right to object to the proposed settlement and may appear personally or through counsel at the Final Fairness Hearing and object to the approval of the settlement. The Final Fairness Hearing will be held on September 13, 2010, at 10 a.m., but the Hearing may be adjourned without further notice to the Class. Even if you object to the settlement, you may still be entitled to share in the settlement proceeds. In order to be heard or to have papers or briefs considered by the court, any objecting Settlement Class member must file, by August 11, 2010, an original and one copy of the Settlement Class member's objection with the court at: United States District Judge Peter G. Sheridan, District Court New Jersey, Clarkson S. Fisher Federal Building, 402 East State Street, Trenton, New Jersey 07608. The objection must (a) include a list of all available PINs and names of Epana Calling Cards that were purchased by the Settlement Class Member and the approximate total dollar amount of such purchase(s), (b) attach copies of any materials that will be submitted to the Court or presented at the Final Fairness Hearing, (c) be signed by the Settlement Class member, and (d) clearly state in detail (i) the legal and factual ground(s) for the objection, (ii) the Settlement Class member's, name, address and, if available, telephone number, and (iii) if represented by counsel, such counsel's name, address and telephone number. Any objecting Settlement Class member who fails to submit a timely written objection as required herein and/or appear at the Final Fairness Hearing shall waive and forfeit any and all rights that he or she may have to appear separately and/or object, and shall be bound by all the terms of the settlement and release and by all proceedings, orders and judgments in this action. Copies of all documents filed with the Clerk of the court must also be sent to Class Counsel, the other attorneys for Plaintiff listed in the Settlement Agreement and Counsel for Epana, David Saenz, Greenberg Traurig, LLP, 200 Park Avenue, New York, New York 10166, and Ian Marx, Greenberg Traurig, LLP, 200 Park Avenue, Florham Park, New Jersey 07932. IF YOU DO NOT OPPOSE THE PROPOSED SETTLEMENT, YOU NEED NOT APPEAR AT THE HEARING OR FILE ANY PAPERS.
  7. If you want additional information about this lawsuit and its proceedings, contact Plaintiffs' counsel by calling 973-994-1700 or sending an email to info@freedweiss.com. Please indicate that you are calling regarding the Epana class action settlement. Do not contact the Court, Epana, or Epana's counsel directly about this lawsuit.

SOURCE Epana Networks, Inc.