Linardi v. Astral Energy

Case No. BER-L-003724-18

Superior Court of New Jersey Law Division: Bergen County

Frequently Asked Questions

  1. BACKGROUND INFORMATION

  2. Why did I receive a notice?

    You received a Notice because a Settlement has been reached between the parties in the Action. According to Astral Energy’s available records, you are a member of the Settlement Class and are eligible for the relief detailed below.

    The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in this Notice), see FAQ 20 below.

  3. What is the lawsuit about?

    This settlement resolves a class action against Astral Energy, entitled Linardi v. Astral Energy, No. BER-L-003724-18 (N.J. Super. Ct. Law Div. 2018). Plaintiff Joseph Linardi (the “Representative Plaintiff”) sued Astral Energy individually and on behalf of all others similarly situated. He alleges that Astral Energy set its variable rates for electricity and natural gas contrary to its obligations under its contracts and applicable laws. Astral Energy denies all liability and/or any wrongdoing alleged.

    The issuance of the Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Representative Plaintiff’s claims in the lawsuits.

    For information about how to learn about what has happened in the lawsuits to date, please see FAQ 20 below.

  4. Why is the lawsuit a class action?

    In a class action lawsuit, the Representative Plaintiff (in this Action, Joseph Linardi) sue individually and on behalf of other people who have similar claims. The company sued in this Action, Astral Energy, is called the Defendant.

  5. Why is there a Settlement?

    The Representative Plaintiff has made claims against Astral Energy. Astral Energy denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Representative Plaintiff or Astral Energy should win the lawsuit. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.

  6. How do I know if I am part of the Settlement?

    The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement: all Persons, in the following utility regions, who were Astral Energy customers charged a variable rate for residential electricity and/or natural gas services by Astral Energy from January 1, 2017, to December 31, 2019: PSEG, JCPL, Atlantic City Electric, New Jersey Gas, and South Jersey Gas. Excluded from the Settlement Class are: Astral Energy; any parent, subsidiary, or affiliate of Astral Energy; any entity in which Astral Energy has or had a controlling interest, or which Astral Energy otherwise controls or controlled; any officer, director, legal representative, predecessor, or successor, or assignee of Astral Energy.

  7. I’m still not sure if I am included.

    If you are still not sure whether you are included, you can contact the Settlement Administrator for free help about whether you are a Class Member. The email address of the Settlement Administrator is info@astralenergysettlement.com the U.S. postal (mailing) address is Astral Energy Settlement Administrator , 1650 Arch St, suite 2210, Philadelphia, PA 19103. And the toll-free telephone number 1-855-921-3857. A search function is also available on this website to determine if you are included.

  8. THE PROPOSED SETTLEMENT

  9. What relief does the Settlement provide to the Class Members?

    Each class member may elect to receive a Settlement Payment in the form of a check. Your actual benefit will vary depending upon how long you were an Astral Energy customer and how much energy you used during the Class Period.

    ELECTRICITY
    Utility Credit per month if you used less than 4000 kwh per year
    PSE&G (Electric) $13.00
    JCPL $9.00
    Atlantic City Electric $8.00
    NATURAL GAS
    Utility Credit per month if you used less than 2000 therms per year
    PSE&G (Gas) $30.00
    NJ Natural Gas $21.00
    South Jersey Gas $18.00

    In exchange for the relief outlined above, Class Members who do not opt out of the settlement (as described below) will relinquish their right to bring claims on their own behalf, including claims for monetary relief, and class members will not be able to sue Astral Energy on the same or any related claims. The proposed settlement does not mean that any law was violated or that Astral Energy did anything wrong. Plaintiff and Class Counsel think the proposed settlement is fair and in the best interests of all Class Members.

  10. HOW TO REQUEST A SETTLEMENT PAYMENT OR VOUCHER – SUBMITTING A CLAIM FORM

  11. How can I get a Settlement Payment?

    To qualify for a Settlement Payment, you must send in a Claim Form by the deadline. A Claim Form is available on the Important Documents page. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by October 20, 2021, or submit it online not later than 11:59 p.m. (Eastern) on October 20, 2021.

  12. When will I get a Settlement Payment?

    As described in FAQs 17 and 18 below, the Court will hold a hearing on October 28, 2021 at 10 am, to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the Action on this website. Please be patient.

  13. THE LAWYERS IN THE CASE AND THE REPRESENTATIVE PLAINTIFF

  14. Do I have a lawyer in this case?

    The Court has ordered that the law firms of Finkelstein, Blankinship, Frei-Pearson & Garber LLP, and Mazie Slater Katz & Freedman, LLC (“Class Counsel”) will represent the interests of all Class Members. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  15. How will the lawyers be paid?

    Astral Energy has agreed to pay attorneys’ fees, litigation expenses, and costs of up to $197,500, subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs. The Court will make the final decision as to the amount to be paid.

  16. Will the Representative Plaintiff receive any compensation for his efforts in bringing the lawsuit?

    The Representative Plaintiff will request a Service Award of up to $5,000 for his services as the class representative and his efforts in bringing the lawsuit. The Court will make the final decision as to the amount to be paid to the Representative Plaintiff.

  17. DISMISSAL OF ACTION AND RELEASE OF ALL CLAIMS

  18. What am I giving up to obtain relief under the Settlement?

    If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement you will be releasing your claims against Astral Energy. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Astral Energy regarding the allegations in the Action. The Settlement Agreement contains the full terms of the release.

  19. HOW TO EXCLUDE YOURSELF FROM THE SETTLEMENT

  20. How do I exclude myself from the Settlement?

    Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to Opt-Out on or before the date specified in the Preliminary Approval Order, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Astral Energy. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to Opt-Out from the settlement in the Astral Energy Action.” No Opt-Out request will be valid unless all of the information described above is included. If you timely request exclusion from the Class, you will be excluded from the Class, you will not be bound by the judgment entered, and you will not be precluded from prosecuting any timely, individual claim against Astral Energy based on the conduct complained of in the lawsuits.

  21. HOW TO OBJECT TO THE SETTLEMENT

  22. How do I tell the Court that I do not like the Settlement?

    At the date, time, and location stated in FAQ 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and costs, and a service award for the Representative Plaintiff’s contributions to the Action.

    If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must submit a written objection to the Court, Class Counsel, and Astral Energy’s Counsel listed below, postmarked no later than October 20, 2021.

    COURT CLASS COUNSEL ASTRAL ENERGY’S COUNSEL
    Clerk of Superior Court
    R.J. Hughes Justice Complex Superior Court Clerk's Office
    P.O. Box 971
    Trenton, NJ 08625-0971

    or

    Law Clerk to the Hon. Robert
    C. Wilson
    Bergen County Courthouse
    10 Main Street, Room 215
    Hackensack, NJ 07601     		D. Greg Blankinship, Todd S. Garber,
    Chantal Khalil
    Finkelstein, Blankinship, Frei-Pearson &
    Garber, LLP
    One North Broadway, Suite 900
    White Plains, NY 10601

    and

    Matthew R. Mendelsohn
    Mazie Slater Katz & Freeman, LLC
    103 Eisenhower Pkwy #2nd
    Roseland, NJ 07068     		Jordan P. Brewster
    Law Office of Jordan P. Brewster
    14 Pine Street, Suite 7
    Morristown, N.J. 07960

    Any Objection must (a) attach documents establishing or provide information sufficient to allow the Parties to confirm that the objector is a Class Member; (b) include a statement of such Class Member’s specific Objection; (c) state the grounds for the Objection; (d) identify any documents such objector desires the Court to consider; and (e) provide all information requested on the Claim Form. You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.

    IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.

    If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the Settlement Agreement. You are not required, however, to appear.

  23. What is the difference between excluding myself and objecting to the Settlement?

    Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

  24. FAIRNESS HEARING

  25. What is the Fairness Hearing?

    The Court has preliminarily approved the Settlement and will hold a Fairness Hearing (also known as a “Final Approval Hearing”) to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for a service award to the Representative Plaintiff.

  26. When and where is the Fairness Hearing?

    The Court will hold the Fairness Hearing at 10 a.m. on October 28, 2021, at the Bergen County Courthouse, 10 Main Street, Room 215, Hackensack, NJ 07601. The hearing may be postponed to a different date or time or location without notice. Please check this website for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement website will be the only way you will be informed of the change.

  27. May I speak at the Fairness Hearing?

    At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

    You may attend, but you do not have to. As described above in FAQ 15, you may speak at the Fairness Hearing only if you have timely served and filed an objection.

    If you have requested exclusion from the Settlement, however, you may not speak at the Fairness Hearing.

  28. ADDITIONAL INFORMATION

  29. How do I get more information?

    To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative complaints filed in the lawsuits, please visit the Important Documents page. Alternatively, you may contact the Settlement Administrator at the email address: info@astralenergysettlement.com the U.S. postal address Astral Energy Settlement Administrator, 1650 Arch St, suite 2210 , Philadelphia, PA 19103 OR the toll-free telephone number 1-855-921-3857.

  30. What if my address or other information has changed or changes after I submit a Claim Form

    Contact the Settlement Administrator at:

    Astral Energy Variable Rate Plan Settlement
    c/o Astral Energy Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103
    1-855-921-3857
    info@astralenergysettlement.com