If you received a Settlement Notice it is because District of Columbia Metropolitan Police Department (MPD) arrest database records showed that you were arrested and/or prosecuted by the District of Columbia for a violation of the District’s gun control laws during the class period between May 15, 2012 and October 10, 2014. For a full list of Class Member Conditions, see FAQ 5.

You were sent a Settlement Notice because you have a right to know about the proposed Settlement and about all of your legal rights and options before the Court decides whether to approve the Settlement. The Court has not yet approved the Settlement. Subject to resolving any appeals and pending approval, the Class Administrator appointed by the Court will make the payments that the Settlement allows.

The Settlement Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how you get them.

The Court in charge of the case is the United States District Court For The District Of Columbia, and the case is known as Maggie Smith, et al. v. Government of the District of Columbia, Case No. 1:15-cv-00737-RCL. The individuals who sued are called the Plaintiffs and the entity they sued, the District of Columbia, is called the Defendant.

The Smith lawsuit was brought in 2015 by a person who was arrested in the District by the MPD for violating the District’s gun control laws by carrying a pistol without a license outside of her home or place of business, who believed that the District of Columbia’s gun control laws were unconstitutional because they did not allow a person to carry a gun outside the home or place of business for self-defense. She then amended her complaint to add other Named Plaintiffs. The people who represent the classes, called the “Class Representatives,” are Maggie Smith, Gerard Cassagnol, Frederick Rouse, Delontay Davis, Kimberly Buffaloe, and Carl Atkinson. They filed the lawsuit on their own behalf and on behalf of all other persons like them (“Plaintiffs”).

The Plaintiffs and the Defendant have written down their agreement in a document called a “Settlement Agreement.” On August 28, 2023 the judge gave preliminary approval to the agreement, but the settlement is NOT FINAL. The settlement will be final only after the judge approves it after holding a public hearing called a “Fairness Hearing.” Before the judge decides to approve the settlement, you can tell the judge if you do not like any part of it by filing in writing what is called an “objection,” and you can ask the judge to let you speak at the Fairness Hearing. It is solely up to the judge to decide who will speak at the Fairness Hearing.

In a class action lawsuit, one or more people called “Named Plaintiffs,” or “Class Representatives” (in this case, Maggie Smith, Gerard Cassagnol, Frederick Rouse, Delontay Davis, Kimberly Buffaloe, and Carl Atkinson) sue on behalf of other people who they believe have similar claims. All these people are a “Class” or “Class Members.” A court resolves the issues for all Class Members, except for those who exclude themselves from the Class. Judge Royce C. Lamberth is the judge presiding over this class action lawsuit.

The Court has not decided in favor of Plaintiffs or the District of Columbia. Plaintiffs and the District of Columbia decided to settle the claims in order to avoid the risks to both sides and the costs of continued litigation, while guaranteeing compensation to Class Members. Plaintiffs and their attorneys think the settlement is preferable to the risks and further costs of continuing the litigation.

You received a Notice and are eligible to submit a claim form if between May 15, 2012 and October 10, 2014, the District of Columbia, through its Metropolitan Police Department (“MPD”) arrested and/or prosecuted you, or your prosecution started before May 15, 2012 and continued during and after that period in the District of Columbia for a violation of any of the District’s gun control laws outside your home or place of business; AND you:

• Did NOT have a felony before your arrest or prosecution;
• Were NOT convicted of a domestic violence misdemeanor within the five-year period before your arrest or prosecution;
• Were NOT subject to a judicial order compelling you to relinquish any firearms in your possession or barring you from possessing any firearms at the time of your arrest or prosecution; and
• Were NOT convicted of any felony or violent misdemeanor charge arising out the arrest.

If you received a Notice by mail, it is because you were listed as a Class Member according to the Class identified within the Class Action lawsuit language. If you are unsure if you fit the definition, did not receive a notice and/or believe you should be included, you are welcome to contact the Class Administrator for confirmation and/or more information.

The Settlement, if approved, will allow for monetary compensation to resolve claims for the Class.

Without admitting any wrongdoing and to avoid litigating these claims, the Defendant has agreed to pay Five Million One Hundred Thousand Dollars and Zero Cents ($5,100,000.00) (the “Settlement Amount”), which is divided as follows:

1. $2,361,285.17, the Base SCM Fund, for payment of Verified Claims to Class Members.
2. $300,000.00 for the Class Representative Award for payments to the Class Representatives of $50,000 each in settlement of their claims and as an incentive payment in consideration of their services as Class Representatives
3. $438,714.83 for Base Litigation Expenses.
   • $428,714.83 of the Litigation Expenses (the Tritura Payment) is payable to Tritura Information Governance LLC (Tritura) for discovery and data analysis services performed on behalf of the Class Members.
   • $142,904.94 of the Tritura Payment shall be waived and donated to the SCM Fund for distribution to SCMs (Tritura SCM Fund Donation). However, if any of the SCM Fund remains after all payments and distributions have been made to the SCMs according to the Distribution Plan, the remainder, up to the amount of the Tritura SCM Fund Donation, will revert to Tritura and shall be paid by the Class Administrator to Tritura prior to any reversion of funds to the District pursuant to Paragraph 56 of this Settlement Agreement;
   • up to $10,000.00 of the Base Litigation Expenses are payable to Class Counsel for miscellaneous expenses for depositions and other items advanced by Class Counsel.
4. $1,900,000.00 for Attorney’s Fees.
5. $100,000.00 for Administrative Expenses. Any amounts billed by the Class Administrator in excess of this amount for Administrative Expenses and approved by the Court shall be paid out of the SCM Fund.

Additionally, the District will not oppose Plaintiff’s motion for an Order declaring the arrest of each Class Member null and void and a legal nullity.

The payments to Settlement Class Members who submit timely, valid Claim and Release Forms shall be determined and paid according to the following Distribution Plan based on a point system: each Claimant who is a member of the Class will receive one point for one or more arrests covered by the Class Definition and one point for one or more prosecutions covered by the Class Definition. Each point is valued at $1,200.00. Each SCM will receive an award equivalent to the value of the sum of their points.

However, if the total cash value of the total number of points exceeds the value of the SCM Fund, each SCM will receive the pro rata value of their points.

Please note that the amount of your actual Individual Settlement Award may vary slightly from this estimate you were previously provided, based on several factors, including the number of Class Members who excluded themselves, the amount of fees and costs approved by the Court, as well as necessary tax withholdings. All Class Members who complete and return a Claim and Release Form will receive an Individual Settlement Award.

To get money from the Settlement, you must complete the Claim and Release Form enclosed in your Notice mailing, sign it, and mail or email it to the Class Administrator on or before February 10, 2024, or go to the class website and submit a Claim and Release Form online on or before February 10, 2024. By accepting the terms of this Settlement, you will be waiving your right to assert a claim against the District of Columbia as it applies to seizures of vehicles or currency during the Class Period. Therefore, if you do not want to waive these claims, you should opt-out of this settlement as described in your Notice.

The Court will hold a hearing on December 4, 2023, to decide whether to approve the Settlement.

If approved, the Class Administrator will send payments in accordance with the terms of the Settlement.

Your legal rights and options in this Settlement are as follows:

You may SUBMIT A CLAIM AND RELEASE FORM. To get money from the Settlement, you must either complete the Claim and Release Form included with your Notice packet and mail it to the Class Administrator postmarked on or before February 9, 2024; or go to the class website and submit a Claim and Release form online on or before February 10, 2024.

You may DO NOTHING. If you do nothing, you will not receive any money. You will still be deemed part of the Class Action, and you will be releasing all claims you may have related to the allegations in the case. For more information, see FAQ 13.

You may EXCLUDE YOURSELF to get out of the Lawsuit. You may request to be excluded, or “opt out,” from the Settlement. Class Members who request to be excluded from the Settlement will NOT receive any money, nor will they have released their claims. They will then be entitled to pursue their claims individually. For more information on how to exclude yourself, see FAQ 14.
You may OBJECT to all or a part of the Settlement. With this option you will stay in the Lawsuit and object that the Settlement is unfair or inadequate in some way.  The Court will consider your views. For more information on how to object to all or part of the Settlement, see FAQ 17.

In exchange for receiving a payment under the settlement, you will not be able to sue, continue to sue, or be part of any other lawsuit against the District of Columbia for the same claims that are the subject of this lawsuit (unless you exclude yourself from the Settlement). A more comprehensive explanation of the Release of Claims can be found in the Notice or in the Settlement Agreement.

If you do nothing, you will not receive any money. You will still be deemed part of the Class Action, and you will be releasing all claims you may have related to the allegations in the case. Thus, it is very important that you act promptly to complete and submit your claim form on time if you wish to receive a payment.

If you did not want a payment from this Settlement, but you want to keep the right to sue or continue to sue the District of Columbia on your own and at your own expense, about the legal issues in this case, then you need to take steps to exclude yourself.

You need to mail your exclusion request to the Class Administrator, postmarked no later than November 27, 2023.

If you are a Settlement Class Member, and do not exclude yourself by the November 27, 2023 deadline, you give up the right to sue the District of Columbia for the claims that this Settlement resolves. If you have a separate pending lawsuit regarding the claims at issue in this case, speak to your lawyer immediately.

If you exclude yourself, you would not receive money from this Settlement. But you may sue, or continue to sue, in a different lawsuit against the District of Columbia, at your own expense.

Any Settlement Class Member may object to the Settlement, or to any settlement term. Settlement Class Members must object in writing. You must file any objection by November 27, 2023. Note that the date to file an Objection is different from and earlier than, the date to submit a claim. If you object to any part of the Settlement Agreement and you want to tell the Judge, you must do the following things:

1. You must write a letter to the Judge telling him what you do not like about the Settlement Agreement. Include your name, address, phone number, and signature in the letter.
2. On the first page of your letter write in large or underlined letters: “Civil Action No. 15-737 (RCL): Objections to Settlement Agreement in Smith v. District of Columbia.”
3. Mail your letter to the following address:

The Honorable Royce C. Lamberth
U.S. District Court for the District of Columbia
E. Barrett Prettyman U.S. Courthouse
333 Constitution Avenue, N.W.
Washington, D.C. 20001
 

You must also mail copies of your letter to the lawyers for the Plaintiffs and Defendant at the following addresses:

AND

Re: Smith Class Action
Brendan Heath, Assistant Attorney General
Office of the Attorney General for the District of Columbia
Civil Litigation Division
400 6th St. NW, 10th Floor
Washington, DC 20001

Objecting is simply telling the Court that you don’t think the Settlement should be approved. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you cannot object because the case no longer affects you, and you will not receive any payment from the Settlement.

The Court has appointed the following two law firms as Class Counsel to represent the Class: CLaiborneLaw, and Scrofano Law PC. These law firms are called "Class Counsel." If you want to be represented by your own lawyer, you may hire one at your own expense.
 

You do not need to hire your own lawyer because Class Counsel are working on your behalf, and you do not need to do anything to receive benefits under the Settlement.

Class Counsel asked the Court to approve payment of up to 37% of the Settlement Fund for attorneys’ fees and $1,900,000.00 in reimbursement for litigation and expert expenses. The Court approved the propriety of the requested award.

The Court will hold a Fairness Hearing at 12:30pm on December 4, 2023 in Courtroom 15, to consider whether the Settlement is fair, reasonable, and adequate, and decide whether to approve the Settlement.

Your Notice outlines the Settlement, and more details are in the full Settlement Agreement.

Once the judgment is entered, it will be posted at the Court’s website as well as here.

In addition to this website, you can contact the Class Administrator by phone or email for more information about the case and the Settlement. Additionally, you can contact Class Counsel with questions. You may also seek the advice and counsel of your own attorney at your own expense if you desire.

The District of Columbia provided the Class Administrator with your most recent address based on its records in order to mail your Notice. If you have moved recently, please provide the Class Administrator with your current mailing address by either mailing or emailing a letter requesting your information be updated.

Please be sure to provide your initial address of record, as well as your updated address information. This is necessary to ensure the proper record is being updated.

The District of Columbia provided the Class Administrator with the most recent name it had based on its records.

• If your name has changed, please provide to us in writing, by either mail or email, a copy of your government-issued ID and a copy of the legal document showing the name change (marriage license, divorce decree, etc.).
• If your name has a spelling error and needs to be corrected, please provide a copy of your government-issued ID.