Machiela v. Trizec Holdings, Inc.

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Machiela v. Trizec Holdings, Inc. This Website describes the case and the settlement between the Plaintiff and Trizec Holdings, Inc.

We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also write to counsel for the Class at:

DO NOT WRITE TO THE COURT FOR INFORMATION.

This case is currently pending before The U.S. District Court for the Northern District of Illinois, Eastern Division. The docket number for the case is 05 c 3562. Judge Amy St. Eve is the Judge.

The Plaintiff here alleges that that the fee notice posted on the ATM at 2 North LaSalle Street violated the notice requirements of the Electronic Funds Transfer Act. To see a copy of the Class Action Publication Notice, click here.

Trizec Holdings, Inc. denies the Plaintiff’s claims of wrongdoing but has agreed to settle all claims against it to avoid the expense of continued legal proceedings and to buy peace. To see a copy of the settlement agreement, click here.

The Court has therefore certified a Class and approved a settlement for the benefit of that Class. To see a copy of the order, click here.

The links below provide information about who is a Class Member, the terms of the settlement, and how Class Members can participate in, object to, or decide not to participate in (opt out of), the settlement.

All Potential Class Members:

To find out if you are a Member of the settlement class, click here.

If you want to participate in the settlement class, click here.

If you do not want to participate in the settlement class or want to object to the settlement you should click here.

To see a copy of the settlement agreement approved by the Court, click here.

To see a copy of the Court’s preliminary order approving the settlement agreement and this settlement, click here.

If you used the automated teller machine (“ATM”) located at 2 North Lasalle Street, Chicago, Illinois 60602, between June 16, 2004 and June 17, 2005, you are a class member. Please note that a settlement of various legal claims relating to your use of such ATM has been proposed and this settlement may affect your rights.

If you want to participate in the Settlement and receive a monetary portion of the Settlement Fund, you must write a letter stating: “I AFFIRM UNDER PENALTIES OF PERJURY THAT I USED THE ATM AT 2 NORTH LASALLE STREET, CHICAGO, ILLINOIS AND AM A MEMBER OF THE MACHIELA CLASS DESCRIBED IN THE CLASS NOTICE AND WANT TO RECEIVE MY SHARE OF THE SETTLEMENT FUND.” Include your name, current address, telephone number, and the last 4 digits of your ATM card, and mail the letter to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602. Failure to write will mean you receive no money from the class settlement.

If you do not want to participate in the Settlement, do not want to receive a monetary portion of the Settlement Fund, and do not want to release any rights you may have to sue Trizec Holdings, Inc. or any of its affiliates for the fee notice claims being settled in this class action, you must write a letter stating, “I WANT TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN MACHIELA V. TRIZEC HOLDINGS, INC.” Include your name and current address and mail the letter to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602 and Christopher Murdoch, Holland & Knight, 131 South Dearborn, 30th Floor, Chicago, IL 60603.

If you think the Settlement or any of its terms is unfair, you may object to the proposed Settlement by writing a memo stating the specific reasons for your objection and filing it with the Court at 219 South Dearborn Street, Chicago, Illinois 60604. The memo must reference Case No. 05 C 3562. Send a copy to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602 and Christopher Murdoch, Holland & Knight, 131 South Dearborn, 30th Floor, Chicago, IL 60603.

All claim forms, opt-outs, and objections must be received by January 17, 2006.