Milberg Coleman Bryson Phillips Grossman PLLC and Sommers Schwartz P.C. Announces Proposed Class Action on Behalf of Equinox Members with a Home Club in California

LOS ANGELES, June 2, 2025 /PRNewswire/ -- Milberg Coleman Bryson Phillips Grossman PLLC and Sommers Schwartz P.C. announces that the United States District Court for the Central District of California has approved the following announcement of a proposed class action that would benefit Members of a California-based Equinox gym:

United States District Court for the Central District of California
Rothman v. Equinox Holdings, Inc., 
Case No. 2:20-cv-09760-CAS-MBK

Notice of Pendency of Class Action 

A federal court authorized this notice. This is not a solicitation from a lawyer.
If you were a member of a California-based Equinox gym during the COVID-19 pandemic, a class action might affect your rights.

A class action has been certified that includes certain members of any California-based Equinox gyms during the COVID-19 lockdowns in 2020.  Plaintiff Jason Rothman ("Plaintiff") alleges that Defendant Equinox Holdings, Inc. ("Defendant") improperly retained membership dues that had been paid in advance for periods during which its Equinox gyms were temporarily closed due to the COVID-19 lockdowns in 2020. The lawsuit seeks restitution and/or damages for all qualifying California-based Equinox members.  Defendant strongly denies all of the claims and allegations made in the lawsuit.  The Court has not decided whether Defendant has in fact violated the law and a trial date has not yet been scheduled.  The sole purpose of this Notice is to inform you of the lawsuit so you can make an informed decision as to whether you should participate in or opt out of this class action.  There is no guarantee that money ever will be available.

Who is included? The lawsuit includes a "Class" comprised of the following individuals:

All Equinox members with a Home Club in California, whose Membership Agreement included the Refund Clause, and who did not receive a refund of prepaid membership dues for any period during which Defendant's Equinox-branded Fitness Clubs were closed.

The "Refund Clause" is a consumer notice provision that is set forth in some (but not all) Equinox members' Membership Agreements that states in part "In deciding whether to make payments on an installment basis, Buyer should be aware that if the Club closes, although the Club will remain legally liable to Buyer for a refund, Buyer may risk losing his or her money if the Club is unable to meet its financial obligations to Members."

Please note that the delivery of this notice to you does not automatically mean that your Equinox Membership Agreement contains the "Refund Clause" or that you are necessarily entitled to any money, benefits, or other relief.

What are my options? You have a choice of whether to participate in this Class Action or not. If you do nothing, you are choosing to remain a member of the Class. If you participate in this Class Action, you will retain the possibility of receiving money or other benefits that might result from trial or settlement, but you will give up your individual right to sue Defendant for the same legal claims that were made, or could have been made, in this lawsuit. If you meet the criteria for class membership, but do not want to stay in the Class, you can submit a request for exclusion. If you request exclusion, and if money or other benefits ultimately are awarded, you will not get a share of such award, but you will be able to sue Defendant on your own behalf for the same legal claims made in this lawsuit. Any separate litigation you choose to bring might be subject to a statute of limitations or other time-sensitive requirement.  To request exclusion, you must send a letter postmarked by August 1, 2025 to: Rothman v. Equinox Holdings, Inc. Litigation – EXCLUSIONS, c/o Strategic Claims Services, P.O. Box 230, 600 N. Jackson Street, Suite 205, Media, PA 19063, or you can email your letter to [email protected]. Your letter must include your name, address, telephone number, email address, and signature. Instructions on how to exclude yourself and a sample exclusion letter are posted at http://www.gymfeeclassaction.com.

Do I have a lawyer in this case? The Court appointed Trenton Kashima and John Nelson of Milberg Coleman Bryson Phillips Grossman PLLC and Jason Thompson of Sommers Schwartz P.C. as "Class Counsel" to represent the Class in this case. You do not have to pay Class Counsel or anyone else to participate. If Class Counsel obtains money or other benefits for the Class, they may ask the Court for attorneys' fees and costs, which would be paid out of any money recovered for the Class or paid separately by Defendant. You may hire and pay for counsel of your choice to enter an appearance in the lawsuit or to intervene as an individual plaintiff, but that is not necessary. Plaintiff is a Class member like you, and the Court has appointed him to serve as the "class representative."

What happens next? The Court has not expressed any opinion as to whether the allegations asserted in this lawsuit are accurate. Class Counsel will have to prove the allegations at a trial that has not yet been scheduled. There is no money and no other benefits available at this time, and no guarantee exists that there will be in the future. A detailed notice further explaining the case and how to request exclusion is available at http://www.gymfeeclassaction.com. If you want additional information regarding this case, periodic updates can be found at http://www.gymfeeclassaction.com. Additionally, you can access the court records regarding this case from the Court's Case Management/Electronic Case Filing System (CM/ECF) at https://ecf.cacd.uscourts.gov/cgi-bin/ShowIndex.pl.

Questions? Call (866) 968-8820 or visit http://www.gymfeeclassaction.com.

Please do not contact the Court regarding this Lawsuit.

SOURCE Milberg Coleman Bryson Phillips Grossman PLLC