Announcement Regarding Class Settlement

Plaintiff Sean Anthony Yannotti filed a class action lawsuit against the City of Ann Arbor alleging that the City's policy and practice of chalking tires without a search warrant to obtain information as to whether a vehicle is in violation of its parking ordinances violates the Fourth Amendment to the United States Constitution.

On July 30, 2024, Judge Nancy Edmunds granted the City's motion for partial summary disposition holding that those who received tickets could not obtain compensatory damages (i.e. refunds) for Ann Arbor’s alleged violation of the Fourth Amendment to the United States Constitution. However, the Judge did rule that Plaintiff could seek declaratory and injunctive relief in addition to nominal damages.

Following the decision limiting the scope of damages available to be sought, the Court referred the matter to the Magistrate Judge for the purpose of conducting settlement conferences, which were held on September 24, 2024, and thereafter on December 2, 2024 and January 23, 2025. In connection with those meetings, a proposed settlement has been reached.

If you are a potential Class Member and entitled to participate in the proposed Settlement, your legal rights are affected.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS CLASS ACTION
DO NOTHING Stay in this case. If the Court approves the settlement, you are automatically part of the Class if you meet the description set forth below. You can then file a claim to receive the benefits of any award the Court approves.
EXCLUDE YOURSELF You may request to be excluded from the Class. This is also referred to as “opting out.” If you opt out and money or benefits are available, you will not share in them. If you ask to be excluded, you will no longer be part of this case and will not be bound by or benefit from any ruling of the court. Instructions on how to exclude yourself from the Class are contained later in the instructions below.
OBJECT You may object to the terms of the Settlement. Write to the Court and comment on the Settlement. If you object, you are still eligible to file a claim for benefits under the Settlement. Instructions on how to object are contained later in the instructions below.
GO TO THE FAIRNESS HEARING Appear at the Final Fairness Hearing. The Court has scheduled a hearing to evaluate the fairness of the proposed settlement and to decide if to certify this case as a class. You may attend the hearing at your own expense, but it is not necessary.

These rights and options and the deadlines to exercise them are explained in the Court's order.

The Court in charge of this case still must decide whether to approve the settlement. If it does, after any appeals are resolved, payments will be made to those who then make a timely valid claim.

Basic Background Information

About Class Actions

In a class action, one or more plaintiffs, referred to as a “Named Plaintiff,” sue on behalf of people and/or entities who have similar claims against a common defendant or defendants. All of the individuals and entities on whose behalf the Named Plaintiff in this lawsuit are suing are members of a “class” referred to in the Complaint as Class Members. Because the Named Plaintiff believes that the wrongful conduct alleged in this case affected a number of individuals and entities in a similar way, the Named Plaintiff filed this case as a class action seeking relief from Defendant for everyone in the Class.

Do I have a lawyer in the case?

The Court is being requested to appoint Philip L. Ellison of Outside Legal Counsel PLC, and Matthew E. Gronda of Gronda PLC to represent the Class. Such an appointment to known as “Class Counsel.” They are experienced in handling similar class action cases. You may contact Counsel using the information below. You are not required to hire your own lawyer because they are working on behalf of the Class. If you want to hire your own lawyer, you certainly can, but you will have to pay that lawyer yourself.

When do I make a claim?

You do not need to make a claim at this time. Class members must make a claim for benefits under the Settlement within 6 months of the date that the settlement becomes effective after formal approval by the Court. The approval hearing (known as a Fairness Hearing) will be scheduled by the Court. If approval is provided, you can file a claim with the City Clerk.

Key Court Documents

Download and view key case documents

Class Action Complaint

The Court's Decision on Damages

Settlement Agreement

The Court's Order

Joint Motion for Approval of Class Action Settlement

Opt Out

Any member may elect to be excluded from (opt-out of) the Settlement by mailing to Plaintiff's counsel and Defendant's counsel a written request for exclusion that is postmarked no later than the date of the Fairness/Class Certification Hearing. Any election to opt out objection must be in writing and: (A) contain the title of the Lawsuit: Yannotti v. City of Ann Arbor, and Case No. 22-cv-12147; (B) contain the full name, current address, and telephone number of the person opting out; (C) a statement asserting “I wish to opt out of the Yannotti v. City of Ann Arbor settlement"; (D) be signed; and (E) be sent by U.S. mail, first class and postage prepaid, with a postmark no later than the date set for the Fairness/Class Certification Hearing to the attorneys in the case. You may utilize this form. The required mailing addresses are as follows:

Ann Arbor City Attorney's Office
Jennifer A. Richards
301 E. Huron St.
Ann Arbor, MI 48104

Gronda PLC
Matthew E. Gronda
4800 Fashion Sq. Blvd., Ste. 200
Saginaw, MI 48604

Object to Settlement

Any potential class member may object to the Settlement by filing with the Court and serving on Class Counsel and Defendant's Counsel written objections postmarked no later than 14 days before the date set for the Fairness/Class Certification Hearing. Any objection must be in writing and: (A) contain the title of the Lawsuit: “Yannotti v. City of Ann Arbor,” and the Case No. 22-cv-12147; (B) contain the full name, current address, and telephone number of the person objecting; (C) state the reasons for the objection; (D) be accompanied by evidence, briefs, motions, or other materials the objector intend(s) to offer in support of the objection; (E) be signed; and (F) be sent by U.S. mail, first class and postage prepaid, with a postmark no later than 14 days before the date set for the Fairness/Class Certification Hearing to the Clerk of the Court, Class Counsel, and Counsel for Defendant. The addresses are as follows:

Ann Arbor City Attorney's Office
Jennifer A. Richards
301 E. Huron St.
Ann Arbor, MI 48104

Gronda PLC
Matthew E. Gronda
4800 Fashion Sq. Blvd., Ste. 200
Saginaw, MI 48604

Court Clerk
Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd., Room 599
Detroit, MI 48226

Contact Counsel

You may contact Counsel at:

Outside Legal Counsel PLC
Philip L. Ellison
530 West Saginaw St.
Hemlock, MI 48626
(989) 642-0055

Gronda PLC
Matthew E. Gronda
4800 Fashion Sq. Blvd., Ste. 200
Saginaw, MI 48604
(989) 233-1639