DYLAN CAMARLINGHI v. SANTA CLARA COUNTY, et al.

The purpose of this Notice is to let you know that the Court has granted preliminary approval of the settlement of a class action lawsuit pending in the United States District Court for the Northern District of California, Case No. 21-cv-03020-EJD(LB), entitled Camarlinghi v. Santa Clara County, and that you are entitled to payment as part of the settlement.

This Notice is also meant to inform you that you can object to or opt out of the settlement.

A hearing addressing the fairness, adequacy, and reasonableness of the settlement will be held on December 8, 2022 at 9:00 AM to determine whether the settlement should receive final approval.

The lawsuit alleges that between April 26, 2018 and April 26, 2021, the County of Santa Clara detained Class Members at the Santa Clara County Jail for more than 12 hours after the District Attorney declined to prosecute them and no other reason justified the person’s continued detention. The lawsuit alleges that the County of Santa Clara violated the Fourteenth Amendment to the United States Constitution.

The County of Santa Clara denies liability and all the allegations in the case.

Plaintiff and his attorneys seek approval of the settlement because they believe the proposed class settlement with the County of Santa Clara is fair, reasonable, adequate, and in the best interests of the members of the Class. Further, they believe that the settlement will provide substantial compensation to each Class Member.

You received a Notice because between April 26, 2018 and April 26, 2021, you were detained at the Santa Clara County Jail for more than 12 hours after the District Attorney declined to prosecute you.

Counsel for Plaintiff and Class Members

Akeeb Dami Animashaun, Esq.
14 Wall Street, Suite 1603
New York, NY 10005
929.266.3971
[email protected]

JUSTICE CATALYST LAW
Lucy Brierly Bansal
Janet Herold
40 Rector Street, Floor 9
New York, NY 10006
518.732.6703
[email protected]
[email protected]

ALEXIS C. BEACH & RACHEL LEDERMAN ATTORNEYS  
Rachel Lederman, SBN 130192
P.O. Box 40339
San Francisco, CA 94140-0339
415.282.9300
[email protected]

Counsel for Defendant County of Santa Clara

Kim H. Hara, Lead Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor
San José, CA 95110
408.299.5900

The following is a summary of the proposed settlement. The complete terms of the proposed settlement are stated in the Class Settlement Agreement and General Release (“Settlement Agreement”) between Plaintiff and the County of Santa Clara, which is on file at the United States District Court for the Northern District of California, located at 280 South 1^st Street, San José, CA 95113, and available on the Important Court Documents page of this website.

Under the Settlement Agreement, the County of Santa Clara has agreed to pay an aggregate amount of $2,375,000.00 as the “Settlement Fund” to settle all of the claims asserted in this lawsuit. The Settlement Fund will be used for payment of the following: (a) individual settlement payments to Class Members with valid claims; (b) notice and administration costs incurred by the Settlement Administrator; (c) incentive award to Plaintiff Dylan Camarlinghi; and (d) attorney’s fees, costs, and expenses.

Individual Settlement Payments

$1,980,000.00 of the Settlement Fund will be allocated to pay Class Members. (You are a Class Member!)

Payments to Class Members who submit timely and valid claims will be calculated based on the following formula: $250.00 per hour for each hour of compensable detention from 12 to up to 24 hours and $295.00 per hour for each hour of compensable detention over 24 hours. 

A. Submit a claim form by March 16, 2024, and receive a settlement check (Claim Form is attached to the Notice you received and available for completion on the settlement Online Claim Submission page)

In order to receive money from this settlement, you must submit a claim form by March 16, 2024.

You can submit the claim form online or by sending the completed claim form to the Settlement Administrator using the prepaid envelope included in the Notice package.

B. Object to the settlement

You may ask the Court to deny approval of the settlement in whole or in part by filing an objection to the proposed settlement or any part of it. You cannot ask the Court to order a different settlement; the Court can only approve or reject the settlement the parties have agreed to. If the Court denies approval, no settlement payments will be distributed, and the lawsuit will continue.

Any objection to the proposed settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying for that attorney.

All written objections and supporting papers must be filed or postmarked on or before October 28, 2022. They must be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 280 South 1st Street, San José, CA 95113, or by filing them in person at any location of the United States District Court for the Northern District of California.

Any objection must state all of the reasons for your objection. In addition, any objection must include the following: (a) case name and number of this lawsuit (Camarlinghi v. Santa Clara County, No. 21-cv-03020-EJD); (b) your first and last name, address, phone number, and last four digits of your social security number for verification purposes; and (c) your signature, or your attorney’s signature if you have one. While the Court may, in its discretion, permit objections to be filed up until the date of the Final Approval Hearing, you will only be assured that your objection will be considered if you submit it to the Court by October 28, 2022.

The attorneys for the Class and for the County of Santa Clara will be allowed to file with the Court a written response to any submitted objections.

C. Opt-out or exclude yourself from the settlement

If you do not wish to participate in the settlement and wish to retain your right to bring your own claims within the scope of the lawsuit as an individual, you must send a request for exclusion to the Settlement Administrator, set forth below. The request for exclusion must be mailed to the Settlement Administrator and post-marked on or before October 28, 2022.

The request for exclusion from the settlement must include the following: (a) case name and number of this lawsuit (Camarlinghi v. Santa Clara County, No. 21-cv-03020-EJD); (b) your first and last name, address, phone number, and last four digits of your social security number for verification purposes; (c) your signature, or your attorney’s signature if you have one; and (d) a statement that you wish to exclude yourself from the settlement of the case or words to that effect.

No form is provided for an exclusion request. Any Class Member who requests an exclusion will not be entitled to any portion of the settlement and will not be providing a release of claims to the County of Santa Clara. If you exclude yourself from the settlement, you will not have any right to object, appeal, or comment on the settlement. Class Members who fail to submit a valid and timely exclusion request shall be bound by all terms of the Settlement Agreement and any judgment entered in the lawsuit if the settlement is approved by the Court.

D. Do Nothing

If you do nothing, your rights will be affected. You will be bound by the terms of the Settlement Agreement, and you will be agreeing to a release of the claims that are contained in the Settlement Agreement. However, because you did not file a claim, you will not be entitled to any money from the settlement.

The Final Approval Hearing on the fairness and adequacy of the proposed settlement, the plan of distribution, the incentive award to the Plaintiff, and Class Counsel’s request for attorney’s fees, costs, and expenses, and other issues will be held on December 8, 2022 at 9:00 AM in Courtroom 4 (5th floor) of the United States District Court for the Northern District of California, located at 280 South 1st Street, San José, CA 95113.

You may attend the Final Approval Hearing and be heard even if you do not submit an objection to the settlement. The Final Approval Hearing may be continued to another date without further notice. If you plan to attend the Final Approval Hearing, it is recommended that you check the settlement website to confirm the date, time, and location.

Visit the Important Court Documents page on this website for a copy of the Settlement Agreement and all other relevant documents about this case.

You may also view the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 280 South 1st Street, San José, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

You may also contact the Settlement Administrator at [email protected] by email. Include the case name (Camarlinghi v. Santa Clara County) in the subject line of your email.

You may also contact Akeeb Dami Animashaun, one of the lawyers for the Class. You can call him at 929.266.3971 or email him at [email protected].

If your address changes or is different from the address on the envelope enclosing your notice, please promptly notify the Settlement Administrator or visit the Update Address page of this website.