Daniel Carstairs, et al. v. University of Rochester

PLEASE READ THIS WEBSITE CAREFULLY. If you were a student or learner at the University of Rochester (“Defendant” or “Rochester”) who paid or caused to be paid tuition and/or Mandatory Fees to Rochester to attend in-person courses at Rochester in the Spring 2020 Semester, Summer 2020 Semester, and/or Fall 2020 Semester for a degree- or certificate-bearing University of Rochester program and whose courses were not provided in-person, you are a member of the proposed class action settlement in the above-captioned case.

The United States District Court for the Western District of New York authorized this Website. This is not a solicitation from a lawyer.

WHY DID I GET A NOTICE?

• A Settlement has been reached with Rochester in a class action lawsuit alleging that students are entitled to partial refunds of tuition and fees due to Rochester’s temporary transition from in-person instruction and other educational services to a virtual environment beginning in March 2020 in response to the COVID-19 pandemic and related, government-mandated public health measures. The case Daniel Carstairs, et al. v. University of Rochester, No. 6:20-cv-06690 CJS, is pending in the United States District Court for the Western District of New York (the “Action”). Rochester denies all allegations of wrongdoing and disclaims all liability with regard to all claims in the Action, and the proposed Settlement is not an admission of wrongdoing by Rochester. But Rochester has agreed to settle this case to avoid the expenses and uncertainties associated with continued litigation. The Court has granted preliminary approval of the Settlement and has conditionally certified the Potential Settlement Class for purposes of settlement only. You received a Notice because you may be a Settlement Class Member. 1
• You are a member of the Potential Settlement Class if you were a student or learner who paid or caused to be paid tuition and/or Mandatory Fees to Rochester to attend in-person courses at the University of Rochester in the Spring 2020 Semester, Summer 2020 Semester and/or Fall 2020 Semester for a degree- or certificate-bearing University of Rochester program and whose courses were not provided in-person. But you are not a member of the Potential Settlement Class if you are among the following: (1) students who did not enroll in in-person classes at Rochester for the Spring 2020 Semester, Summer 2020 Semester and/or Fall 2020 Semester; (2) students who received exclusively in-person classes at Rochester for all classes enrolled during the Spring 2020 Semester, Summer 2020 Semester and/or Fall 2020 Semester; (3) students who received a refund, Gift Aid, or Rochester scholarships covering all tuition and Mandatory Fees for each of the Spring 2020 Semester, Summer 2020 Semester and/or Fall 2020 Semester in which they enrolled in in-person classes but did not receive in-person classes; (4) any District Judge or Magistrate Judge presiding over this Action and members of their families; (5) the Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, agents, attorneys, and employees; (6) persons who properly execute and file a timely request for exclusion from the class; and (7) the legal representatives, successors or assigns of any such excluded persons.
• As more fully explained in the Settlement Agreement, under the terms of the Settlement Agreement, Rochester will pay $3.5 million into a Settlement Fund. Some of that will go to Class Counsel for attorneys’ fees and expenses, some will go to the Named Plaintiff as a Service Award, and some will pay for the costs of administering the settlement. What remains of the $3.5 million will be divided among the approximately 10,000 Potential Settlement Class Members (as defined herein) based on the formula contained in the Settlement Agreement. Potential Settlement Class Members do not need to take any action to receive their shares of the payment. If the Court ultimately approves the Settlement, Potential Settlement Class Members will automatically receive their share of any payment under the Settlement Agreement electronically, if the Settlement Administrator has a valid email address for the Potential Settlement Class Member. Otherwise, the Settlement Administrator will mail a check for the amount due to the Potential Settlement Class Member. Potential Settlement Class Members may call the Settlement Administrator at (833) 215-9289 or email questions@URSettlement.com to update their email and/or mailing address, change their options for payment, or to direct any payment to which they are entitled to Defendant’s Basic Needs Fund, a fund maintained by Rochester to provide short-term assistance to students in unanticipated or emergency situations.